BILL AS INTRODUCEDH.442
2003Page 1
H.442
Introduced by Representatives Larrabee of Danville, Bostic of St. Johnsbury, Brown of Walden, Clark of St. Johnsbury, Crawford of Burke, Hudson of Lyndon and Larocque of Barnet
Referred to Committee on
Date:
Subject:Health; certificate of need; mobile surgery centers
Statement of purpose: This bill proposes to exempt mobile surgery centers from the certificate of need process and to authorize the department of health to implement a pilot program licensing mobile surgery centers.
AN ACT RELATING TO EXEMPTINGMOBILE SURGERY CENTERS FROM CERTIFICATE OF NEED PROCEEDINGS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. § 9432 is amended to read:
§ 9432. DEFINITIONS
As used in this subchapter:
(1) "Ambulatory surgical center" means a facility or portion of a facility that provides surgical care, including mobile surgery centers, not requiring an overnight stay. The office of a dentist in which activities are limited to dentistry and oral or maxillofacial surgical procedures shall not be deemed an ambulatory surgical center for purposes of this subchapter. In order to be considered an ambulatory surgical center, a facility shall meet all the following criteria:
(A) Charge, or intend to charge, a facility fee in addition to professional fees for the services performed.
(B) Have an operating room or recovery room in the facility.
(C) Use an anesthesiologist or nurse anesthetist.
(D) Provide one or more outpatient services for which Medicare coverage is provided.
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(7) “Health care facility” means all facilities and institutions, whether public or private, proprietary or not for profit, which offer diagnosis, treatment, orinpatient or ambulatory care to two or more unrelated persons. The term shall not apply to any facility operated by religious groups relying solely on spiritual means through prayer for healing, but shall include but is not limited to:
(A) hospitals, including general hospitals, mental hospitals, chronic disease facilities, birthing centers, maternity hospitals and psychiatric facilities including any hospital conducted, maintained, or operated by the state of Vermont, or its subdivisions, or a duly authorized agency thereof, and healthrelated therapeutic community residences;
(B) nursing homes, intermediate care facilities for the mentally retarded, homes for the terminally ill, health maintenance organizations, home health agencies, outpatient diagnostic or therapy programs, kidney disease treatment centers, mental health agencies or centers, diagnostic imaging facilities, independent diagnostic laboratories, cardiac catheterization laboratories, radiation therapy facilities, or any inpatient or ambulatory surgical, diagnostic, or treatment center.
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Sec. 2. 18 V.S.A. § 12 is added to read:
§ 12. MOBILESURGERYCENTERS; PILOT PROGRAM
(a) The department of health shall adopt rules for the licensing of mobile surgery centers.
(b) The department of health shall implement a pilot program permitting the acquisition and operation of mobile surgery centers by individuals deemed qualified by the commissioner of health for the purpose of providing health care services and promoting Vermont’s homeland defense.