Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1175 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 267 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1175
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward F. Coppinger
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the closing of hospital essential services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward F. Coppinger10th Suffolk1/11/2023Christopher Hendricks11th Bristol1/25/2023Peter Capano11th Essex1/25/2023John H. Rogers12th Norfolk1/25/2023Angelo J. Puppolo, Jr.12th Hampden1/25/2023Patricia A. Duffy5th Hampden1/25/2023Daniel J. Ryan2nd Suffolk1/25/2023Josh S. Cutler6th Plymouth1/25/2023Joseph W. McGonagle, Jr.28th Middlesex1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023James C. Arena-DeRosa8th Middlesex1/25/2023Frank A. Moran17th Essex1/25/2023Jeffrey N. Roy10th Norfolk1/25/2023Adam Scanlon14th Bristol1/25/2023Tram T. Nguyen18th Essex1/25/2023Daniel M. Donahue16th Worcester1/25/2023Natalie M. Higgins4th Worcester1/25/2023Steven Ultrino33rd Middlesex1/25/2023 2 of 2
16	16	Gerard J. Cassidy9th Plymouth1/25/2023Christopher J. Worrell5th Suffolk1/25/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Erika Uyterhoeven27th Middlesex1/26/2023Carmine Lawrence Gentile13th Middlesex1/26/2023Margaret R. Scarsdale1st Middlesex1/26/2023Kevin G. Honan17th Suffolk1/26/2023Michael P. Kushmerek3rd Worcester1/30/2023Edward R. Philips8th Norfolk1/30/2023Adrianne Pusateri Ramos14th Essex1/30/2023Simon Cataldo14th Middlesex1/30/2023Patrick Joseph Kearney4th Plymouth1/30/2023Jessica Ann Giannino16th Suffolk1/30/2023Manny Cruz7th Essex1/30/2023Meghan Kilcoyne12th Worcester1/30/2023Sean Garballey23rd Middlesex1/30/2023Thomas M. Stanley9th Middlesex1/30/2023Rob Consalvo14th Suffolk1/30/2023James K. Hawkins2nd Bristol1/30/2023Michael D. BradySecond Plymouth and Norfolk1/30/2023Kate Donaghue19th Worcester1/30/2023Carol A. Doherty3rd Bristol1/30/2023Brian W. Murray10th Worcester1/30/2023Rita A. Mendes11th Plymouth1/30/2023Ryan M. Hamilton15th Essex1/31/2023Tackey Chan2nd Norfolk1/31/2023Angelo L. D'Emilia8th Plymouth2/1/2023Samantha Montaño15th Suffolk2/1/2023Jennifer Balinsky Armini8th Essex2/7/2023Mary S. Keefe15th Worcester2/14/2023Michelle M. DuBois10th Plymouth2/14/2023Paul McMurtry11th Norfolk2/14/2023Joan Meschino3rd Plymouth2/14/2023James B. EldridgeMiddlesex and Worcester2/14/2023Adrian C. Madaro1st Suffolk2/14/2023Colleen M. Garry36th Middlesex2/14/2023Bruce E. TarrFirst Essex and Middlesex2/22/2023Denise C. Garlick13th Norfolk2/27/2023Christopher Richard Flanagan1st Barnstable2/27/2023 1 of 4
17	17	HOUSE DOCKET, NO. 267 FILED ON: 1/11/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1175
19	19	By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1175) of
20	20	Edward F. Coppinger and others relative to the closing of hospital essential services. Health
21	21	Care Financing.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1253 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to the closing of hospital essential services.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Section 1. Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is
33	33	2hereby amended by striking subsection (4) of section 51G and inserting in place thereof the
34	34	3following section:
35	35	4 (4) (a) A hospital shall notify the department of a proposed closure at least one calendar
36	36	5year in advance of the date of the proposed closure or discontinuance of an essential health
37	37	6service.
38	38	7 (b) At least 30 days prior to notifying the department of the proposed closure or
39	39	8discontinuance of an essential health service, the hospital shall inform either electronically or in
40	40	9writing the Department and the following parties of its intent to submit notice: (a) The hospital’s 2 of 4
41	41	10patient and family council; (b) Each staff member of the hospital; (c) Every labor organization
42	42	11that represents the hospital’s workforce during the period of the essential services closure; (d)
43	43	12The members of the General Court who represent the city or town in which the hospital is
44	44	13located; and; (e) A representative of the local officials of the city or town in which the hospital is
45	45	14located. The department shall define essential services according to 105 CMR 130.
46	46	15 (c) At least 30 days prior to notifying the department of the proposed closure of an
47	47	16essential health service, a detailed account of any community engagement and planning which
48	48	17has occurred prior to such filing, and such other information as the Commissioner may require
49	49	18shall be presented to the department. With respect to the proposed closure of an essential health
50	50	19service, the hospital shall also send a copy of the notice that it submits to the Department to the
51	51	20Health Policy Commission, Office of the Attorney General, Center for Health Information and
52	52	21Analysis, and Executive Office of Labor and Workforce Development as well as each of the
53	53	22health care coalitions and community groups identified by the hospital in its notice to the
54	54	23department.
55	55	24 d) The hospital proposing the discontinuance shall provide, with their initial notice to the
56	56	25department, evidence of support or non-opposition to the proposed change from each
57	57	26municipality to which it provides the service as a health care resource, as determined pursuant to
58	58	27section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be
59	59	28obtained, evidence of having given notice and allowed an opportunity for comment from said
60	60	29municipalities. Any notice given without meeting the requirements of this paragraph shall not
61	61	30constitute notice to the department for the purpose of establishing the earliest date on which the
62	62	31hospital may close or discontinue an essential health service. 3 of 4
63	63	32 (e) The department shall, in the event that a hospital proposes to discontinue an essential
64	64	33health service or services, determine whether any such discontinued services are necessary for
65	65	34preserving access and health status in the hospital’s service area, require the hospital to submit a
66	66	35plan for assuring access to such necessary services following the hospital’s closure of the
67	67	36service, and assure continuing access to such services in the event that the department determines
68	68	37that their closure will significantly reduce access to necessary services. This plan shall include
69	69	38the creation of a community oversight committee comprised of a representative from each
70	70	39municipality to which the hospital provides the service as a health care resource as well as non-
71	71	40managerial employees, including registered nurses and ancillary staff, from the hospital, and a
72	72	41representative from a local interfaith organization to ensure that any plan approved by the
73	73	42department is followed. The community oversight group shall inform the department in the event
74	74	43the plan is not executed and followed by the hospital. If the hospital's plan for assuring
75	75	44continued access to a necessary service relies upon the availability of similar services at another
76	76	45hospital or health facility with which it does not share common ownership, the department shall
77	77	46require the hospital to submit with said plan a statement from each other hospital or health
78	78	47facility listed in the plan, affirming their capacity to provide continued access as described in the
79	79	48plan. The department shall conduct a public hearing prior to a determination on the closure of
80	80	49said essential services or of the hospital. No original license shall be granted to establish or
81	81	50maintain an acute-care hospital, as defined by section 25B, unless the applicant submits a plan, to
82	82	51be approved by the department, for the provision of community benefits, including the
83	83	52identification and provision of essential health services. In approving the plan, the department
84	84	53may take into account the applicants existing commitment to primary and preventive health care
85	85	54services and community contributions as well as the primary and preventive health care services 4 of 4
86	86	55and community contributions of the predecessor hospital. The department may waive this
87	87	56requirement, in whole or in part, at the request of the applicant which has provided or at the time
88	88	57the application is filed, is providing, substantial primary and preventive health care services and
89	89	58community contributions in its service area.
90	90	59 (f) If a hospital executes a plan to discontinue an essential health service, said plan not
91	91	60having been approved by the department pursuant to this section, the Attorney General shall seek
92	92	61an injunction to require that the essential health service be maintained for the duration of the
93	93	62notice period outlined in subsection (a). Additionally, that hospital shall not be eligible to have
94	94	63an application approved pursuant to section 25C for a period of three years from the date the
95	95	64service is discontinued, or until the essential health service is restored, or until such time as the
96	96	65department is satisfied that a plan is in place that, at the time of the discontinuance, would have
97	97	66met the requirements of paragraph (c).
98	98	67 (g) To preserve access to essential services, hospitals shall not close any beds, units or
99	99	68facilities for the duration of any declared state of emergency pertaining to health care.