HOWE v. HEALTH FACILITIES APPEALS BOARD


20 Mass. App. Ct. 531 (1985)

481 N.E.2d 510

JUNE HOWE & others vs. HEALTH FACILITIES APPEALS BOARD & another.

Appeals Court of Massachusetts, Suffolk.

August 8, 1985.


Attorney(s) appearing for the Case

Paul R. Collier, III, for the plaintiffs.

Ellen Janos, Assistant Attorney General (Madeline Mirabito Becker, Assistant Attorney General, with her) for Health Facilities Appeals Board.

Harvey W. Freishtat (Peter R. Leone with him) for New England Baptist Hospital.

Present: KASS, CUTTER, & FINE, JJ.


FINE, J.

This case arises under G.L.c. 111, §§ 25B-25G, inserted by St. 1972, c. 776, § 3, the statute popularly known as the determination of need law. The statute requires that any substantial capital expenditure for construction or renovation, or any substantial change in services, by a health care facility be preceded by a determination of need for such by the Department of Public Health (department...

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