Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2461 Compare Versions

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22 HOUSE DOCKET, NO. 2851 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2461
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Hannah Kane
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 to ensure the efficient operation of hospitals.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Hannah Kane11th Worcester1/16/2025Carmine Lawrence Gentile13th Middlesex1/21/2025 1 of 4
1616 HOUSE DOCKET, NO. 2851 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2461
1818 By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 2461) of
1919 Hannah Kane and Carmine Lawrence Gentile relative to the efficient operation of hospitals.
2020 Public Health.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act to ensure the efficient operation of hospitals.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 6D of the General Laws is hereby amended by inserting after
3030 2section 21 the following new language: -
3131 3 Section 22. Ensuring the Efficient Operation of Hospitals
3232 4 (a) The commission shall develop an index to measure and ensure hospital efficiency. In
3333 5developing the hospital efficiency index, the commission shall consider existing measures of
3434 6hospital efficiency, which shall include but not be limited to the following:
3535 7 i. Measures of low-value care and potentially avoidable utilization, including but
3636 8not limited to avoidable hospital admissions, hospital readmissions, avoidable emergency
3737 9department visits, preventable medical errors, hospital-acquired infections, unnecessarily
3838 10extended length of stay, and use of low-value services and treatments, developed in consultation
3939 11with the Betsy Lehman Center; 2 of 4
4040 12 ii.Measures that examine inpatient and outpatient hospital payment levels compared
4141 13with hospital performance on standard quality measure set, as established by the center for health
4242 14information and analysis pursuant to section 14 of chapter 12C;
4343 15 iii.Measures that examine the hospital’s cost of delivering care compared to other
4444 16hospitals, including but not limited to measures of cost per case, ratios comparing costs to
4545 17payments, average length of stay, efficient use of bed capacity, and measures of hospital
4646 18operating expenses per case or service delivered, and compared to Medicare reimbursement rates
4747 19and national trends; and
4848 20 iv.Measures of administrative waste and other unnecessary administrative spending,
4949 21including but not limited to, foregone opportunities due to lack of clinical and operational
5050 22integration, redundant staffing, unnecessary duplication of procedures and diagnostic testing,
5151 23lack of electronic medical records and interoperability of patient medical records.
5252 24 (b) The commission shall develop each component of the efficiency measure for
5353 25application at both the hospital and the system level, unless the commission deems that certain
5454 26measures would be more appropriately applied at the system level.
5555 27 (c) Prior to publishing the hospital efficiency index under subsection (a), the commission
5656 28shall hold a public hearing. The commission shall provide public notice of such hearing at least
5757 2945 days prior to the date of the hearing, including notice to the joint committee on health care
5858 30financing. The commission shall identify as witnesses for the public hearing a representative
5959 31sample of hospitals, hospital systems, payers, including public and private payers, consumer
6060 32organizations, employer representatives, and such other interested parties as the commission may
6161 33determine. Any other interested parties may testify at the hearing. 3 of 4
6262 34 (d) The commission shall evaluate the index every two years and may modify the index.
6363 35Prior to publishing an updated index, the commission shall hold a public hearing as set forth in
6464 36subsection (c).
6565 37 (e) The commission shall publish an annual report on its website and include as part of its
6666 38annual hearings, pursuant to section 8, hospital performance, in the aggregate and by individual
6767 39hospital, on each component of the index.
6868 40 (f)The commission, in consultation with the center for health information and analysis
6969 41shall promulgate regulations governing the collection of data sufficient to monitor hospital
7070 42efficiency.
7171 43 (g) The commission shall develop recommendations governing the enforcement of the
7272 44hospital efficiency index by the state and private and commercial payers. The commission’s
7373 45recommendations shall include, but not be limited to the following:
7474 46 i. Requiring commercial insurers, Medicaid, and group insurance commission to
7575 47directly apply efficiency adjustments to hospital contracts based on performance on the
7676 48efficiency index;
7777 49 ii.Requiring the hospital to enter into an efficiency correction action plan if a
7878 50hospital performs poorly on the index overall or on any component of the index; and
7979 51 iii.Prohibiting commercial, Medicaid, and the group insurance commission payment
8080 52for low value care or other hospital services related to potentially avoidable utilization, provided
8181 53that consumers are protected from balance billing for such services. 4 of 4
8282 54 The commission, in consultation with the center for health information and analysis, the
8383 55office of Medicaid, the group insurance commission, and the division of insurance, shall file a
8484 56report containing its recommendations for enforcement of the hospital efficiency index with the
8585 57house and senate committees on ways and means and the joint committee on health care
8686 58financing and shall be published and made available to the public no later than July 1, 2026.