Mass. Gen. Laws ch. 111 § 92
Each city shall, and each town may, and upon request of the department shall, establish and maintain constantly within its limits one or more hospitals for the reception of persons having smallpox, diphtheria, scarlet fever, or other diseases dangerous to the public health except tuberculosis as defined by the department unless there already exists therein a hospital satisfactory to the department for the reception of persons ill with such diseases, or unless some arrangement satisfactory to the department is made for the care of such persons. All such hospitals established and maintained by cities and towns shall be subject to the orders and regulations of the boards of health thereof. Plans for construction of such hospitals shall be approved by the department before they are constructed, and the district health officers shall annually make such examination of said hospitals, and of all other hospitals, sanatoria, asylums, homes, prisons and dispensaries, both public and private, caring for diseases dangerous to the public health, as in the opinion of the department may be necessary, and report as to their condition and needs to those responsible for their management. A city or town which, upon the request of the department, refuses or neglects to establish and maintain such a hospital shall forfeit not more than five hundred dollars; provided, that if, in the opinion of the boards of health of two or more adjoining municipalities, such hospitals can advantageously be established and maintained in common, the authorities of the said cities or towns may, subject to the approval of the department, enter into any agreements deemed necessary to establish and maintain the same.
Mass. Gen. Laws ch. 111, § 92