Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H979 Compare Versions

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22 HOUSE DOCKET, NO. 1374 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 979
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Mark J. Cusack
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to transparency of hospital margins & ensuring hospital efficiency.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/18/2023 1 of 3
1616 HOUSE DOCKET, NO. 1374 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 979
1818 By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 979) of
1919 Mark J. Cusack relative to the public reporting of hospital margins. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE HOUSE, NO. 1232 OF 2021-2022.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to transparency of hospital margins & ensuring hospital efficiency.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Chapter 12C of the General Laws, as so appearing in the 2020 edition, is
3131 2hereby amended by inserting after section 8 the following new section:-
3232 3 8A. Reporting of Hospital Margins
3333 4 (a) If in any fiscal year, an Acute Hospital, as defined in this chapter, reports to the center
3434 5an operating margin that exceeds 5 percent, the center shall hold a public hearing within 60 days.
3535 6The Acute Hospital shall submit testimony on its overall financial condition and the continued
3636 7need to sustain an operating margin that exceeds 5 percent. The Acute Hospital shall also submit
3737 8testimony on efforts the Acute Hospital is making to advance health care cost containment and
3838 9health care quality improvement; and whether, and in what proportion to the total operating
3939 10margin, the Acute Hospital will dedicate any funds to reducing health care costs. The center 2 of 3
4040 11shall review such testimony and issue a final report on the results of the hearing. In
4141 12implementing the requirements of this Section, the center shall utilize data collected by hospitals
4242 13pursuant to the requirements of Section 2 of this act.
4343 14 (b) The center for health information and analysis shall examine hospital efficiency for
4444 15all hospitals under section 8 of chapter 12C of the General Laws by annually publishing the
4545 16margins for hospitals for commercial, Medicare and Medicaid lines of business and utilizing data
4646 17submitted as part of the Registered Provider Organization process to report on the underlying
4747 18cost structure for hospitals.
4848 19 (c) Academic medical centers shall report to the center for health information analysis
4949 20and the health policy commission information on the portion of revenues and expenses that are
5050 21devoted to teaching and research. The center shall annually issue a report on the case-mix of
5151 22hospitals and the relationship of case-mix to commercial reimbursements.
5252 23 SECTION 2. Notwithstanding any special or general law to the contrary, the center for
5353 24health and information and analysis, in consultation with the division of insurance, shall
5454 25promulgate regulations on or before July 1, 2023 to establish a uniform methodology for
5555 26calculating and reporting inpatient and outpatient costs, including direct and indirect costs, for all
5656 27hospitals under section 8 (8A) of chapter 12C of the General Laws. The center shall, as necessary
5757 28and appropriate, promulgate regulations or amendments to its existing regulations to require
5858 29hospitals to report cost and cost trend information in a uniform manner including, but not limited
5959 30to, uniform methodologies for reporting the cost and cost trend for categories of direct labor,
6060 31debt service, depreciation, advertising and marketing, bad debt, stop-loss insurance, malpractice
6161 32insurance, health information technology, medical management, development, fundraising, 3 of 3
6262 33research, academic costs, charitable contributions, and operating margins for all commercial
6363 34business and for all state and federal government business, including but not limited to Medicaid,
6464 35Medicare, insurance through the group insurance commission and federal Civilian Health and
6565 36Medical Program of the Uniformed Services. The center shall, before adopting regulations under
6666 37this section, consult with the group insurance commission, the Centers for Medicare and
6767 38Medicaid Services, the attorney general, and representatives from the Massachusetts Hospital
6868 39Association, the Massachusetts Medical Society, the Massachusetts Association of Health Plans,
6969 40the Blue Cross and Blue Shield of Massachusetts, the Massachusetts Health Information
7070 41Management Association, and the Massachusetts Health Data Consortium.