Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S736 Compare Versions

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

Old	New	Differences
1	1	1 of 2
2	2	SENATE DOCKET, NO. 379 FILED ON: 1/13/2023
3	3	SENATE . . . . . . . . . . . . . . No. 736
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 :Julian CyrCape and IslandsJohn C. VelisHampden and Hampshire1/25/2023Michael D. BradySecond Plymouth and Norfolk1/25/2023Adam Scanlon14th Bristol1/25/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/25/2023Erika Uyterhoeven27th Middlesex1/26/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Robyn K. KennedyFirst Worcester1/26/2023Paul R. FeeneyBristol and Norfolk2/7/2023Marc R. PachecoThird Bristol and Plymouth2/7/2023Thomas M. Stanley9th Middlesex2/7/2023Michael F. RushNorfolk and Suffolk2/7/2023Michael O. MooreSecond Worcester2/7/2023Pavel M. PayanoFirst Essex2/7/2023James B. EldridgeMiddlesex and Worcester2/22/2023Bruce E. TarrFirst Essex and Middlesex2/22/2023 2 of 2
18	18	Adam GomezHampden2/22/2023Vanna Howard17th Middlesex3/7/2023 1 of 4
19	19	SENATE DOCKET, NO. 379 FILED ON: 1/13/2023
20	20	SENATE . . . . . . . . . . . . . . No. 736
21	21	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 736) of Julian Cyr, John C. Velis,
22	22	Michael D. Brady, Adam Scanlon and other members of the General Court for legislation
23	23	relative to the closing of hospital essential services. Health Care Financing.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE SENATE, NO. 754 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act relative to the closing of hospital essential services.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
35	35	2is hereby amended by striking subsection (4) of section 51G and inserting in place thereof the
36	36	3following section:
37	37	4 (4) (a) A hospital shall notify the department of a proposed closure at least one calendar
38	38	5year in advance of the date of the proposed closure or discontinuance of an essential health
39	39	6service.
40	40	7 (b) At least 30 days prior to notifying the department of the proposed closure or
41	41	8discontinuance of an essential health service, the hospital shall inform either electronically or in
42	42	9writing the Department and the following parties of its intent to submit notice to close a service: 2 of 4
43	43	10(a) The hospital’s patient and family council; (b) Each staff member of the hospital; (c) Every
44	44	11labor organization that represents the hospital’s workforce during the period of the essential
45	45	12services closure; (d) The members of the General Court who represent the city or town in which
46	46	13the hospital is located; and; (e) A representative of the local officials of the city or town in which
47	47	14the hospital is located. The department shall define essential services according to 105 CMR 130.
48	48	15 (c) At least 30 days prior to notifying the department of the proposed closure of an
49	49	16essential health service, a detailed account of any community engagement and planning which
50	50	17has occurred prior to such filing, and such other information as the Commissioner may require
51	51	18shall be presented to the department. With respect to the proposed closure of an essential health
52	52	19service, the hospital shall also send a copy of the notice that it submits to the Department to the
53	53	20Health Policy Commission, Office of the Attorney General, Center for Health Information and
54	54	21Analysis, and Executive Office of Labor and Workforce Development as well as each of the
55	55	22health care coalitions and community groups identified by the hospital in its notice to the
56	56	23department.
57	57	24 (d) The hospital proposing the discontinuance shall provide, with their initial notice to the
58	58	25department, evidence of support or non-opposition to the proposed change from each
59	59	26municipality to which it provides the service as a health care resource, as determined pursuant to
60	60	27section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be
61	61	28obtained, evidence of having given notice and allowed an opportunity for comment from said
62	62	29municipalities. Any information given without meeting the requirements of this paragraph shall
63	63	30not constitute notice to the department for the purpose of establishing the earliest date on which
64	64	31the hospital may close or discontinue an essential health service. 3 of 4
65	65	32 (e) The department shall, in the event that a hospital proposes to discontinue an essential
66	66	33health service or services, determine whether any such discontinued services are necessary for
67	67	34preserving access and health status in the hospital’s service area, require the hospital to submit a
68	68	35plan for assuring access to such necessary services following the hospital’s closure of the
69	69	36service, and assure continuing access to such services in the event that the department determines
70	70	37that their closure will significantly reduce access to necessary services. This plan shall include
71	71	38the creation of a community oversight committee comprised of a representative from each
72	72	39municipality to which the hospital provides the service as a health care resource as well as non-
73	73	40managerial employees, including registered nurses and ancillary staff, from the hospital, and a
74	74	41representative from a local interfaith organization to ensure that any plan approved by the
75	75	42department is followed. The community oversight group shall inform the department in the event
76	76	43the plan is not executed and followed by the hospital. If the hospital's plan for assuring
77	77	44continued access to a necessary service relies upon the availability of similar services at another
78	78	45hospital or health facility with which it does not share common ownership, the department shall
79	79	46require the hospital to submit with said plan a statement from each other hospital or health
80	80	47facility listed in the plan, affirming their capacity to provide continued access as described in the
81	81	48plan. The department shall conduct a public hearing prior to a determination on the closure of
82	82	49said essential services or of the hospital. No original license shall be granted to establish or
83	83	50maintain an acute-care hospital, as defined by section 25B, unless the applicant submits a plan, to
84	84	51be approved by the department, for the provision of community benefits, including the
85	85	52identification and provision of essential health services. In approving the plan, the department
86	86	53may take into account the applicants existing commitment to primary and preventive health care
87	87	54services and community contributions as well as the primary and preventive health care services 4 of 4
88	88	55and community contributions of the predecessor hospital. The department may waive this
89	89	56requirement, in whole or in part, at the request of the applicant which has provided or at the time
90	90	57the application is filed, is providing, substantial primary and preventive health care services and
91	91	58community contributions in its service area.
92	92	59 (f) If a hospital executes a plan to discontinue an essential health service, said plan not
93	93	60having been approved by the department pursuant to this section, the Attorney General shall seek
94	94	61an injunction to require that the essential health service be maintained for the duration of the
95	95	62notice period outlined in paragraph (a) of this section. Additionally, that hospital shall not be
96	96	63eligible to have an application approved pursuant to section 25C for a period of three years from
97	97	64the date the service is discontinued, or until the essential health service is restored, or until such
98	98	65time as the department is satisfied that a plan is in place that, at the time of the discontinuance,
99	99	66would have met the requirements of paragraph (c).
100	100	67 (g) To preserve access to essential services, hospitals shall not close any beds, units or
101	101	68facilities for the duration of any declared state of emergency pertaining to health care.