Section 36C Acquisition of or affiliation with certain health care programs or facilities by trustees; approval of proposed transactions; procedures - Massachusetts Statutes

Section 36C. (a) The trustees are hereby authorized to acquire by purchase or otherwise affiliate with, or operate physicians practices, satellite clinics, ambulatory care centers, mental health programs or facilities, health care facilities, outpatient diagnostic or treatment centers, home health care programs, long-term care facilities, rehabilitation facilities, laboratories, fitness centers, and similar health care or related programs or facilities, provided such transactions are determined by said trustees to be in the best interests of the teaching hospital or to further the educational and research mission of the medical school. If such transactions require, as incidental to them, the acquisition of an interest in real property by purchase, lease, lease-purchase or otherwise, said real property shall be considered unique for the purposes of section forty H of chapter seven, and such acquisition shall be within the exemption provided in paragraph (b).

(b) No such transaction shall be undertaken unless it is first approved by the secretary of administration and finance, subject to such conditions as the secretary may deem appropriate. At least thirty days prior to entering into any binding agreement for such transaction, the trustees shall file a statement with the secretary of administration and finance and the secretary of health and human services containing such information regarding the proposed transaction as the secretary of administration shall require. Any such proposed transaction that is approved pursuant to this paragraph, or deemed to have been approved pursuant to paragraph (c) shall be exempt from any other general or special law or regulation applicable to state agencies alone.

(c) If the secretary of administration and finance fails to send the trustees a written notice disapproving the proposed transaction stating the reasons for such disapproval within thirty days after the receipt of the trustees’ statement, the proposed transaction shall be deemed to have been approved. The trustees may take such actions as they deem appropriate to cure any problems identified by said secretary and resubmit such proposals.

(d) The trustees shall cause to be filed with the secretary of administration and finance and the secretary of health and human services a copy of the operating budget of the university teaching hospital and all monthly financial statements summarizing activity within the hospital trust fund. The secretary of health and human services, or his designee, shall serve as a member of the hospital management board. Notice and minutes of all meetings of said board shall be sent to the secretary of administration and finance and the secretary of health and human services on a timely basis.