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2 | 2 | | HOUSE DOCKET, NO. 1374 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 979 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Mark J. Cusack |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to transparency of hospital margins & ensuring hospital efficiency. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/18/2023 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 1374 FILED ON: 1/18/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 979 |
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18 | 18 | | By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 979) of |
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19 | 19 | | Mark J. Cusack relative to the public reporting of hospital margins. Financial Services. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 1232 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to transparency of hospital margins & ensuring hospital efficiency. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Chapter 12C of the General Laws, as so appearing in the 2020 edition, is |
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31 | 31 | | 2hereby amended by inserting after section 8 the following new section:- |
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32 | 32 | | 3 8A. Reporting of Hospital Margins |
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33 | 33 | | 4 (a) If in any fiscal year, an Acute Hospital, as defined in this chapter, reports to the center |
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34 | 34 | | 5an operating margin that exceeds 5 percent, the center shall hold a public hearing within 60 days. |
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35 | 35 | | 6The Acute Hospital shall submit testimony on its overall financial condition and the continued |
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36 | 36 | | 7need to sustain an operating margin that exceeds 5 percent. The Acute Hospital shall also submit |
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37 | 37 | | 8testimony on efforts the Acute Hospital is making to advance health care cost containment and |
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38 | 38 | | 9health care quality improvement; and whether, and in what proportion to the total operating |
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39 | 39 | | 10margin, the Acute Hospital will dedicate any funds to reducing health care costs. The center 2 of 3 |
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40 | 40 | | 11shall review such testimony and issue a final report on the results of the hearing. In |
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41 | 41 | | 12implementing the requirements of this Section, the center shall utilize data collected by hospitals |
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42 | 42 | | 13pursuant to the requirements of Section 2 of this act. |
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43 | 43 | | 14 (b) The center for health information and analysis shall examine hospital efficiency for |
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44 | 44 | | 15all hospitals under section 8 of chapter 12C of the General Laws by annually publishing the |
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45 | 45 | | 16margins for hospitals for commercial, Medicare and Medicaid lines of business and utilizing data |
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46 | 46 | | 17submitted as part of the Registered Provider Organization process to report on the underlying |
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47 | 47 | | 18cost structure for hospitals. |
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48 | 48 | | 19 (c) Academic medical centers shall report to the center for health information analysis |
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49 | 49 | | 20and the health policy commission information on the portion of revenues and expenses that are |
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50 | 50 | | 21devoted to teaching and research. The center shall annually issue a report on the case-mix of |
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51 | 51 | | 22hospitals and the relationship of case-mix to commercial reimbursements. |
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52 | 52 | | 23 SECTION 2. Notwithstanding any special or general law to the contrary, the center for |
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53 | 53 | | 24health and information and analysis, in consultation with the division of insurance, shall |
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54 | 54 | | 25promulgate regulations on or before July 1, 2023 to establish a uniform methodology for |
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55 | 55 | | 26calculating and reporting inpatient and outpatient costs, including direct and indirect costs, for all |
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56 | 56 | | 27hospitals under section 8 (8A) of chapter 12C of the General Laws. The center shall, as necessary |
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57 | 57 | | 28and appropriate, promulgate regulations or amendments to its existing regulations to require |
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58 | 58 | | 29hospitals to report cost and cost trend information in a uniform manner including, but not limited |
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59 | 59 | | 30to, uniform methodologies for reporting the cost and cost trend for categories of direct labor, |
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60 | 60 | | 31debt service, depreciation, advertising and marketing, bad debt, stop-loss insurance, malpractice |
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61 | 61 | | 32insurance, health information technology, medical management, development, fundraising, 3 of 3 |
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62 | 62 | | 33research, academic costs, charitable contributions, and operating margins for all commercial |
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63 | 63 | | 34business and for all state and federal government business, including but not limited to Medicaid, |
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64 | 64 | | 35Medicare, insurance through the group insurance commission and federal Civilian Health and |
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65 | 65 | | 36Medical Program of the Uniformed Services. The center shall, before adopting regulations under |
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66 | 66 | | 37this section, consult with the group insurance commission, the Centers for Medicare and |
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67 | 67 | | 38Medicaid Services, the attorney general, and representatives from the Massachusetts Hospital |
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68 | 68 | | 39Association, the Massachusetts Medical Society, the Massachusetts Association of Health Plans, |
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69 | 69 | | 40the Blue Cross and Blue Shield of Massachusetts, the Massachusetts Health Information |
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70 | 70 | | 41Management Association, and the Massachusetts Health Data Consortium. |
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