Vermont S. 10: An act relating to liability for the contamination of potable water supplies

Bill Text

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S.10 1
Introduced by Senators Hardy and Lyons 2
Referred to Committee on 3
Date: 4
Subject: Health; health care facilities; Green Mountain Care Board; certificate 5
of need 6
Statement of purpose of bill as introduced: This bill proposes to modify the 7
requirements for obtaining a certificate of need before offering or developing a 8
new health care project, including increasing monetary thresholds and 9
eliminating the requirement for certain projects to obtain a certificate of need. 10
An act relating to modifying requirements for obtaining a certificate of need 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 18 V.S.A. § 9434 is amended to read: 13
§ 9434. CERTIFICATE OF NEED; GENERAL RULES 14
(a) A health care facility other than a hospital shall not develop or have 15
developed on its behalf a new health care project without issuance of a 16
certificate of need by the Board. For purposes of this subsection, a “new 17
health care project” includes the following: 18
(1) The construction, development, purchase, renovation, or other 19
establishment of a health care facility, or any capital expenditure by or on 20

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

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next two budgeted fiscal years, if the service or technology was not offered or 1
employed, either on a fixed or a mobile basis, by the health care facility within 2
the previous three fiscal years. 3
(6) The construction, development, purchase, lease, or other 4
establishment of an ambulatory surgical center. 5
(b) A hospital shall not develop or have developed on its behalf a new 6
health care project without issuance of a certificate of need by the Board. For 7
purposes of this subsection, a “new health care project” includes the following: 8
(1) The construction, development, purchase, renovation, or other 9
establishment of a health care facility, or any capital expenditure by or on 10
behalf of a hospital, for which the capital cost exceeds $3,000,000.00 11
$10,000,000.00. 12
(2) The purchase, lease, or other comparable arrangement of a single 13
piece of diagnostic and therapeutic equipment for which the cost, or in the case 14
of a donation the value, is in excess of $1,500,000.00 $5,000,000.00. For 15
purposes of this subdivision, the purchase or lease of one or more articles of 16
diagnostic or therapeutic equipment that are necessarily interdependent in the 17
performance of their ordinary functions or that would constitute any health 18
care facility included under subdivision 9432(8)(B) of this title, as determined 19
by the Board, shall be considered together in calculating the amount of an 20
expenditure. The Board’s determination of functional interdependence of 21

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items of equipment under this subdivision shall have the effect of a final 1
decision and is subject to appeal under section 9381 of this title. 2
(3) The offering of a health care service or technology having an annual 3
operating expense that exceeds $1,000,000.00 $3,000,000.00 for either of the 4
next two budgeted fiscal years, if the service or technology was not offered or 5
employed, either on a fixed or a mobile basis, by the hospital within the 6
previous three fiscal years. 7
(4) A change from one licensing period to the next in the number