The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
                Court assembled:

                The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act clarifying the determination of need threshold.

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PETITION OF:

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act clarifying the determination of need threshold.

                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.  Section 25B of chapter 111 of the general laws is hereby amended by inserting within the definition of "expenditure minimum with respect to substantial capital expenditures'' the following:

A.    After the words “unless the expenditures and acquisitions are at least $25,000,000,” the following:- “; or will total at least $25,000,000 when aggregated over a five year period”

B. Prior to the last sentence, the following:- “Expenditures and acquisitions of at least $5M in connection with new or expanded outpatient services not otherwise subject to determination of need that are anticipated to be implemented during a rolling three year period shall be reported annually to the department and updated as appropriate.”