1 of 2
HOUSE DOCKET, NO. 267 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1175
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Edward F. Coppinger
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the closing of hospital essential services.
_______________
PETITION OF:
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
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
HOUSE DOCKET, NO. 267 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1175
By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1175) of
Edward F. Coppinger and others relative to the closing of hospital essential services. Health
Care Financing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1253 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the closing of hospital essential services.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is
2hereby amended by striking subsection (4) of section 51G and inserting in place thereof the
3following section:
4 (4) (a) A hospital shall notify the department of a proposed closure at least one calendar
5year in advance of the date of the proposed closure or discontinuance of an essential health
6service.
7 (b) At least 30 days prior to notifying the department of the proposed closure or
8discontinuance of an essential health service, the hospital shall inform either electronically or in
9writing the Department and the following parties of its intent to submit notice: (a) The hospital’s 2 of 4
10patient and family council; (b) Each staff member of the hospital; (c) Every labor organization
11that represents the hospital’s workforce during the period of the essential services closure; (d)
12The members of the General Court who represent the city or town in which the hospital is
13located; and; (e) A representative of the local officials of the city or town in which the hospital is
14located. The department shall define essential services according to 105 CMR 130.
15 (c) At least 30 days prior to notifying the department of the proposed closure of an
16essential health service, a detailed account of any community engagement and planning which
17has occurred prior to such filing, and such other information as the Commissioner may require
18shall be presented to the department. With respect to the proposed closure of an essential health
19service, the hospital shall also send a copy of the notice that it submits to the Department to the
20Health Policy Commission, Office of the Attorney General, Center for Health Information and
21Analysis, and Executive Office of Labor and Workforce Development as well as each of the
22health care coalitions and community groups identified by the hospital in its notice to the
23department.
24 d) The hospital proposing the discontinuance shall provide, with their initial notice to the
25department, evidence of support or non-opposition to the proposed change from each
26municipality to which it provides the service as a health care resource, as determined pursuant to
27section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be
28obtained, evidence of having given notice and allowed an opportunity for comment from said
29municipalities. Any notice given without meeting the requirements of this paragraph shall not
30constitute notice to the department for the purpose of establishing the earliest date on which the
31hospital may close or discontinue an essential health service. 3 of 4
32 (e) The department shall, in the event that a hospital proposes to discontinue an essential
33health service or services, determine whether any such discontinued services are necessary for
34preserving access and health status in the hospital’s service area, require the hospital to submit a
35plan for assuring access to such necessary services following the hospital’s closure of the
36service, and assure continuing access to such services in the event that the department determines
37that their closure will significantly reduce access to necessary services. This plan shall include
38the creation of a community oversight committee comprised of a representative from each
39municipality to which the hospital provides the service as a health care resource as well as non-
40managerial employees, including registered nurses and ancillary staff, from the hospital, and a
41representative from a local interfaith organization to ensure that any plan approved by the
42department is followed. The community oversight group shall inform the department in the event
43the plan is not executed and followed by the hospital. If the hospital's plan for assuring
44continued access to a necessary service relies upon the availability of similar services at another
45hospital or health facility with which it does not share common ownership, the department shall
46require the hospital to submit with said plan a statement from each other hospital or health
47facility listed in the plan, affirming their capacity to provide continued access as described in the
48plan. The department shall conduct a public hearing prior to a determination on the closure of
49said essential services or of the hospital. No original license shall be granted to establish or
50maintain an acute-care hospital, as defined by section 25B, unless the applicant submits a plan, to
51be approved by the department, for the provision of community benefits, including the
52identification and provision of essential health services. In approving the plan, the department
53may take into account the applicants existing commitment to primary and preventive health care
54services and community contributions as well as the primary and preventive health care services 4 of 4
55and community contributions of the predecessor hospital. The department may waive this
56requirement, in whole or in part, at the request of the applicant which has provided or at the time
57the application is filed, is providing, substantial primary and preventive health care services and
58community contributions in its service area.
59 (f) If a hospital executes a plan to discontinue an essential health service, said plan not
60having been approved by the department pursuant to this section, the Attorney General shall seek
61an injunction to require that the essential health service be maintained for the duration of the
62notice period outlined in subsection (a). Additionally, that hospital shall not be eligible to have
63an application approved pursuant to section 25C for a period of three years from the date the
64service is discontinued, or until the essential health service is restored, or until such time as the
65department is satisfied that a plan is in place that, at the time of the discontinuance, would have
66met the requirements of paragraph (c).
67 (g) To preserve access to essential services, hospitals shall not close any beds, units or
68facilities for the duration of any declared state of emergency pertaining to health care.