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COMM. OF PUBLIC HEALTH v. BESSIE M. BURKE MEM. HOSP.

366 Mass. 734 (1975)

323 N.E.2d 309

COMMISSIONER OF PUBLIC HEALTH vs. THE BESSIE M. BURKE MEMORIAL HOSPITAL & another; WINCHENDON HOSPITAL, INC., intervener.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1975.

Attorney(s) appearing for the Case

Kenneth A. Behar, Assistant Attorney General (David W. Rosenberg with him) for the Commissioner of Public Health.

Edward J. Grimley, Jr., Assistant City Solicitor, for The Bessie M. Burke Memorial Hospital & another.

John L. Saltonstall, Jr., for Winchendon Hospital, Inc., intervener.

John F. Donovan, Jr., for the House of Representatives, & Albert S. Previte, Jr., pro se, amici curiae, submitted briefs.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & KAPLAN, JJ.

KAPLAN, J.

To prevent unnecessary expansion of health care facilities in the Commonwealth and encourage appropriate allocation of resources for health care purposes, legislation was passed forbidding substantial new construction of such facilities except upon application to the Department of Public Health and administrative "determination" of "need." The two hospitals involved in the present case each applied for a determination with respect to a desired construction...

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