Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1705 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 581 FILED ON: 1/10/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1705
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William C. Galvin
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 patient care access.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2025 1 of 6
16	16	HOUSE DOCKET, NO. 581 FILED ON: 1/10/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1705
18	18	By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1705) of
19	19	William C. Galvin relative to patient safety, medical error reporting and medical malpractice.
20	20	The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1501 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to patient care access.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 111 is hereby amended by striking out the definition
32	32	2of “Medical peer review committee” or “committee”, and inserting in place thereof the following
33	33	3definition:-
34	34	4 “Medical peer review committee” or “committee”, a committee of health care providers,
35	35	5which functions to: (i) evaluate or improve the quality of health care rendered by providers of
36	36	6health care services; (ii) determine whether health care services were performed in compliance
37	37	7with the applicable standards of care; (iii) determine whether the costs of health care services
38	38	8were performed in compliance with the applicable standards of care; (iv) determine whether the
39	39	9cost of the health care services rendered were considered reasonable by the providers of health
40	40	10services in the area; (v) determine whether a health care provider’s actions call into question 2 of 6
41	41	11such health care provider’s fitness to provide health care services; or (vi) evaluate and assist
42	42	12health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical
43	43	13disability, mental instability or otherwise; provided further, that “medical peer review
44	44	14committee” shall also include: (i) a committee of a pharmacy society or association that is
45	45	15authorized to evaluate the quality of pharmacy services or the competence of pharmacists and
46	46	16suggest improvements in pharmacy systems to enhance patient care; or (ii) a pharmacy peer
47	47	17review committee established by a person or entity that owns a licensed pharmacy or employs
48	48	18pharmacists that is authorized to evaluate the quality of pharmacy services or the competence of
49	49	19pharmacists and suggest improvements in pharmacy systems to enhance patient care.
50	50	20 SECTION 2. Said chapter 111 of the General Laws is hereby further amended by
51	51	21inserting at the end of section 204 the following :
52	52	22 (f) The provisions of this section shall apply to any committee formed by an individual
53	53	23health care provider, physician group practice, licensed health care facility or any combination
54	54	24thereof to perform the duties or functions of medical peer review as set forth in section one of
55	55	25this chapter, notwithstanding the fact that the formation of the committee is not required by law
56	56	26or regulation or that the individual, group or facility is not solely affiliated with a public hospital
57	57	27or licensed hospital or nursing home or health maintenance organization.
58	58	28 SECTION 3. Section 5(c) of Chapter 112 is hereby amended on line 140 after the word
59	59	29“occasions” by inserting the following: For purposes of this subsection, the offering of expert
60	60	30testimony in any action for malpractice, negligence, error, omission, mistake, or unauthorized
61	61	31rendering of professional services against a physician licensed pursuant to section 2 of Chapter
62	62	32112 of the general laws, shall constitute the practice of medicine. 3 of 6
63	63	33 SECTION 4. Chapter 175 of the Massachusetts General Laws is hereby amended by the
64	64	34addition of the following new section:
65	65	35 Section 193 V: Every insurer or risk management organization which provides
66	66	36insurance to a physician licensed under Chapter 112 of the Massachusetts General Laws shall
67	67	37make an annual report to the Betsy Lehman Center for Patient Safety and Medical Error
68	68	38Reduction established by Chapter 177 of the Acts of 2001. Said report shall list the top ten
69	69	39categories of losses, claims or actions for damage for personal injuries alleged to have been
70	70	40caused by error, omission or negligence in the performance by physicians of medical services the
71	71	41company incurred during the previous calendar year. Said report shall also identify the top ten
72	72	42defendant specialties as to cost and frequency of cases in the prior year. Where applicable,
73	73	43organizations shall include reports outlining losses and claims for non-physician health care
74	74	44providers as well. Reports shall include completed cases and settlements only and shall include
75	75	45no information identifying providers or patients. Reports shall be provided to the center at its
76	76	46request under annual timelines and reporting requirements established by the center with the
77	77	47input of the advisory committee established in Chapter 6A Section 16 E (C). The Center shall
78	78	48use this information in the development of evidence-based best practices to reduce medical
79	79	49errors and enhance patient safety as required by Chapter 6A Section 16 E (e) 1 to increase
80	80	50awareness of error prevention strategies through public and professional education as required by
81	81	51Chapter 6A Section 16 E (e) 4.
82	82	52 SECTION 5. Section 60G(a) of Chapter 231 of the General is amended by striking in
83	83	53lines 10 and 11 the following: “prior to the judgment” and adding in lines 12 and 27 after the
84	84	54word “compensated” the following: , replaceable, compensable or indemnifiable,. 4 of 6
85	85	55 SECTION 6. Section 60K of Chapter 231 of the General Laws is hereby amended by
86	86	56adding the following at the end thereof: In any action for malpractice, error or mistake against a
87	87	57provider of health licensed pursuant to section 2 of Chapter 112, including actions pursuant to
88	88	58section 60B of this Chapter, an expert witness shall be board certified in the same specialty as the
89	89	59defendant licensed pursuant to section 2 of Chapter 112.
90	90	60 SECTION 7. Chapter 231 of the General Laws is hereby amended by adding after
91	91	61section 60L, the following new section:
92	92	62 Section 60M. In every action for malpractice, negligence, error, omission, mistake or
93	93	63the unauthorized rendering of professional services against a provider of health care where the
94	94	64court shall, at the request of either party, (a) Enter a judgment ordering that money damages or
95	95	65its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic
96	96	66payments rather than by a lump-sum payment if the award equals or exceeds fifty thousand
97	97	67dollars ($50,000) in future damages. In entering a judgment ordering of the payment of future
98	98	68damages by periodic payments, the court shall make a specific finding as to the dollar amount of
99	99	69periodic payments which will compensate the judgment creditor for such future damages, the
100	100	70court shall require the defendant who is not adequately insured to post security adequate to
101	101	71assure full payment of such damages awarded by the judgment. Upon termination of periodic
102	102	72payments of future damages, the court shall order the return of this security, or so much as
103	103	73remains, to the defendant.
104	104	74 (b)(1) The judgment ordering the payment of future damages by periodic
105	105	75payments shall specify the recipient or recipients of the payments, the dollar amount of the
106	106	76payments, the interval between payments, and the number of payments or the period of time over 5 of 6
107	107	77which payments shall be made. Such payments shall only be subject to modification in the event
108	108	78of the death of the judgment creditor.
109	109	79 (2) In the event that the court finds that the defendant has exhibited a continuing
110	110	80pattern of failing to make the payments, as specified in paragraph (1), the court shall find the
111	111	81defendant in contempt of court and, in addition to the required periodic payments, shall order the
112	112	82defendant to pay the plaintiff all damages caused by the failure to make such periodic payments,
113	113	83including court costs and attorney’s fees.
114	114	84 (c) However, money damages awarded for loss of future earnings shall not be
115	115	85reduced or payments terminated by reason of the death of the plaintiff, but shall be paid to
116	116	86persons to whom the plaintiff owed a duty of support, as provided by law, immediately prior to
117	117	87his death. In such cases the court which rendered the original judgment, may, upon petition of
118	118	88any party in interest, modify the judgment to award and apportion the unpaid future damages in
119	119	89accordance with this subdivision.
120	120	90 (d) Following the occurrence or expiration of all obligations specified in the
121	121	91periodic payment judgment, any obligation of the defendant to make future payments shall cease
122	122	92and any security given, pursuant to section (a) shall revert to the defendant.
123	123	93 SECTION 8. Said chapter 231 is hereby amended by inserting after section 60M the
124	124	94following section: —
125	125	95 Section 60N. In any action for malpractice, negligence, error, omission, mistake or
126	126	96unauthorized rendering of professional services against a provider of health care, in which a
127	127	97verdict is rendered or a finding made or an order for judgment made for pecuniary damages for
128	128	98personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk 6 of 6
129	129	99of the court to the amount of damages interest thereon, at a rate to be determined as set forth
130	130	100below rather than the rate specified in section 6B of chapter 231, from the date of the
131	131	101commencement of the action even though such interest brings the amount of the verdict or
132	132	102finding beyond the maximum liability imposed by law. For all judgments entered after the
133	133	103effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to
134	134	104the weekly average 1-year constant maturity Treasury yield, as published by the Board of
135	135	105Governors of the Federal Reserve System for the calendar week preceding the date of judgment.
136	136	106At no point shall the rate of interest established by this section exceed the rate of interest set forth
137	137	107in said section 6B of chapter 231.