Vermont S 20: An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products

Bill Text

BILL AS INTRODUCED S.20
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VT LEG #379404 v.1
S.20 1
Introduced by Senators Gulick, Beck, Chittenden, Clarkson, Hart, Major, 2
Mattos, Vyhovsky, Watson, Weeks and White 3
Referred to Committee on 4
Date: 5
Subject: Health; health care facilities; Green Mountain Care Board; certificates 6
of need 7
Statement of purpose of bill as introduced: This bill proposes to increase the 8
monetary thresholds that trigger a certificate of need requirement and to 9
exempt health care services and health care facility projects that are the result 10
of a contract awarded by the State of Vermont. 11
An act relating to increasing the monetary thresholds for certificates of need 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 18 V.S.A. § 9434 is amended to read: 14
§ 9434. CERTIFICATE OF NEED; GENERAL RULES 15
(a) A health care facility other than a hospital shall not develop or have 16
developed on its behalf a new health care project without issuance of a 17
certificate of need by the Board. For purposes of this subsection, a “new 18
health care project” includes the following: 19

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VT LEG #379404 v.1
(1) The construction, development, purchase, renovation, or other 1
establishment of a health care facility, or any capital expenditure by or on 2
behalf of a health care facility, for which the capital cost exceeds 3
$1,500,000.00 $10,000,000.00. 4
(2) A change from one licensing period to the next in the number of 5
licensed beds of a health care facility through addition or conversion, or 6
through relocation from one physical facility or site to another. 7
(3) The offering of any home health service, or the transfer or 8
conveyance of more than a 50 percent ownership interest in a health care 9
facility other than a hospital or nursing home. 10
(4) The purchase, lease, or other comparable arrangement of a single 11
piece of diagnostic and therapeutic equipment for which the cost, or in the case 12
of a donation the value, is in excess of $1,000,000.00 $10,000,000.00. For 13
purposes of this subdivision, the purchase or lease of one or more articles of 14
diagnostic or therapeutic equipment that are necessarily interdependent in the 15
performance of their ordinary functions or that would constitute any health 16
care facility included under subdivision 9432(8)(B) of this title, as determined 17
by the Board, shall be considered together in calculating the amount of an 18
expenditure. The Board’s determination of functional interdependence of 19
items of equipment under this subdivision shall have the effect of a final 20
decision and is subject to appeal under section 9381 of this title. 21

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VT LEG #379404 v.1
(5) The offering of a health care service or technology having an annual 1
operating expense that exceeds $500,000.00 $10,000,000.00 for either of the 2
next two budgeted fiscal years, if the service or technology was not offered or 3
employed, either on a fixed or a mobile basis, by the health care facility within 4
the previous three fiscal years. 5
(6) The construction, development, purchase, lease, or other 6
establishment or expansion of an ambulatory surgical center for which the cost 7
exceeds $10,000,000.00. 8
(b) A hospital shall not develop or have developed on its behalf a new 9
health care project without issuance of a certificate of need by the Board. For 10
purposes of this subsection, a “new health care project” includes the following: 11
(1) The construction, development, purchase, renovation, or other 12
establishment of a health care facility, or any capital expenditure by or on 13
behalf of a hospital, for which the capital cost exceeds $3,000,000.00 14
$10,000,000.00. 15
(2) The purchase, lease, or other comparable arrangement of a single 16
piece of diagnostic and therapeutic equipment for which the cost, or in the case 17
of a donation the value, is in excess of $1,500,000.00 $10,000,000.00. For 18
purposes of this subdivision, the purchase or lease of one or more articles of 19
diagnostic or therapeutic equipment that are necessarily interdependent in the 20
performance of their ordinary functions or that would constitute any health 21

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VT LEG #379404 v.1
care facility included under subdivision 9432(8)(B) of this title, as determined 1
by the Board, shall be considered together in calculating the amount of an 2
expenditure. The Board’s determination of functional interdependence of 3
items of equipment under this subdivision shall have the effect of a final 4
decision and is subject to appeal under section 9381 of this title. 5
(3) The offering of a health care service or technology having an annual 6
operating expense that exceeds $1,000,000.00 $10,000,000.00 for either of the 7
next two budgeted fiscal years, if the service or technology was not offered or 8
employed, either on a fixed or a mobile basis, by the hospit