By Mr. Atsalis of Barnstable, petition (accompanied by bill, House, No. 2006) of Demetrius J. Atsalis for legislation to require annual licensure, determination of need and parity in uncompensated care pool/safety net trust fund participation for freestanding ambulatory surgery centers providing advanced surgical services.  Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Demetrius J. Atsalis

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In the Year Two Thousand and Seven.

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An Act requiring annual licensure, determination of need and parity in uncompensated care pool/safety net trust fund participation for freestanding ambulatory surgery centers providing advanced surgical services.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Notwithstanding any general or special law or regulation to the contrary, a

Determination of need shall be required in accordance with the applicable determination

of need requirements of section 25C of chapter 111 of the General Laws, as appearing in

the 2004 Official Edition, and the rules and regulations promulgated thereunder for the

acquisition, establishment, implementation, operation and/or transfer of site of any

freestanding ambulatory surgery center that operates either (a) as a licensed clinic as

defined in section 51 of said chapter 111, as so appearing, or (b) is owned and operated

by a physician or physicians licensed pursuant to chapter 112 of  the General Laws, as so

appearing, and that offers or proposes to offer either multiple specialty or single specialty

surgical services that require general, spinal or major regional anesthesia, and (c) was not

in actual operation or actually under construction as of January 1, 2007. 

Notwithstanding the provisions of any general or special law to the contrary, any

Health care entity providing single or multiple specialty surgical services requiring

general, spinal or major regional anesthesia, regardless of how long it has been in actual

operation, (a) shall be subject to licensure and inspection by the department public health

to the same extent that hospitals providing such services are subject to such licensure and

inspection and (b) shall be subject to the surcharges and assessments provided for in

section 55 of chapter 118E, as appearing in the 2004 Official Edition, (as amended from

time to time).  “Freestanding” setting is defined as any setting that is not operated as a

part of a hospital otherwise licensed pursuant to section 51 of chapter 111 of the General

Laws, as so appearing.