Section 4H. The department is hereby authorized, subject to appropriation, to establish and maintain services for the treatment and care of persons suffering from chronic renal diseases within the commonwealth.

The department may enter into such agreements with community hospitals and other health, welfare and rehabilitation agencies as are necessary to carry out the purposes of this section. The department may enter into agreements with out-of-hospital dialysis units licensed under the provisions of section fifty-one A for the care and treatment of persons suffering from renal disease; provided, that said units are licensed and operated pursuant to the rules and regulations of the department relative to out-of-hospital dialysis units; and, provided further, that any such agreement with an out-of-hospital dialysis unit be made in conjunction with a facility operated by the department which provides in-patient care and treatment for persons suffering from renal disease. Any payment made by the department or any other agency of the commonwealth to an out-of-hospital dialysis unit with which an agreement has been made in accordance with the provisions of this section shall be subject to the provisions of sections thirty K to thirty P, inclusive, of chapter seven and shall in no case be in excess of any applicable rate determined by the executive office of health and human services, or a governmental unit designated by the executive office or any successor agency.