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2 | 2 | | HOUSE DOCKET, NO. 2851 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2461 |
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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 | | Hannah Kane |
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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 to ensure the efficient operation of hospitals. |
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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:Hannah Kane11th Worcester1/16/2025Carmine Lawrence Gentile13th Middlesex1/21/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 2851 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2461 |
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18 | 18 | | By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 2461) of |
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19 | 19 | | Hannah Kane and Carmine Lawrence Gentile relative to the efficient operation of hospitals. |
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20 | 20 | | Public Health. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to ensure the efficient operation of hospitals. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 6D of the General Laws is hereby amended by inserting after |
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30 | 30 | | 2section 21 the following new language: - |
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31 | 31 | | 3 Section 22. Ensuring the Efficient Operation of Hospitals |
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32 | 32 | | 4 (a) The commission shall develop an index to measure and ensure hospital efficiency. In |
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33 | 33 | | 5developing the hospital efficiency index, the commission shall consider existing measures of |
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34 | 34 | | 6hospital efficiency, which shall include but not be limited to the following: |
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35 | 35 | | 7 i. Measures of low-value care and potentially avoidable utilization, including but |
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36 | 36 | | 8not limited to avoidable hospital admissions, hospital readmissions, avoidable emergency |
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37 | 37 | | 9department visits, preventable medical errors, hospital-acquired infections, unnecessarily |
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38 | 38 | | 10extended length of stay, and use of low-value services and treatments, developed in consultation |
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39 | 39 | | 11with the Betsy Lehman Center; 2 of 4 |
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40 | 40 | | 12 ii.Measures that examine inpatient and outpatient hospital payment levels compared |
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41 | 41 | | 13with hospital performance on standard quality measure set, as established by the center for health |
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42 | 42 | | 14information and analysis pursuant to section 14 of chapter 12C; |
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43 | 43 | | 15 iii.Measures that examine the hospital’s cost of delivering care compared to other |
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44 | 44 | | 16hospitals, including but not limited to measures of cost per case, ratios comparing costs to |
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45 | 45 | | 17payments, average length of stay, efficient use of bed capacity, and measures of hospital |
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46 | 46 | | 18operating expenses per case or service delivered, and compared to Medicare reimbursement rates |
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47 | 47 | | 19and national trends; and |
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48 | 48 | | 20 iv.Measures of administrative waste and other unnecessary administrative spending, |
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49 | 49 | | 21including but not limited to, foregone opportunities due to lack of clinical and operational |
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50 | 50 | | 22integration, redundant staffing, unnecessary duplication of procedures and diagnostic testing, |
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51 | 51 | | 23lack of electronic medical records and interoperability of patient medical records. |
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52 | 52 | | 24 (b) The commission shall develop each component of the efficiency measure for |
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53 | 53 | | 25application at both the hospital and the system level, unless the commission deems that certain |
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54 | 54 | | 26measures would be more appropriately applied at the system level. |
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55 | 55 | | 27 (c) Prior to publishing the hospital efficiency index under subsection (a), the commission |
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56 | 56 | | 28shall hold a public hearing. The commission shall provide public notice of such hearing at least |
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57 | 57 | | 2945 days prior to the date of the hearing, including notice to the joint committee on health care |
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58 | 58 | | 30financing. The commission shall identify as witnesses for the public hearing a representative |
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59 | 59 | | 31sample of hospitals, hospital systems, payers, including public and private payers, consumer |
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60 | 60 | | 32organizations, employer representatives, and such other interested parties as the commission may |
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61 | 61 | | 33determine. Any other interested parties may testify at the hearing. 3 of 4 |
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62 | 62 | | 34 (d) The commission shall evaluate the index every two years and may modify the index. |
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63 | 63 | | 35Prior to publishing an updated index, the commission shall hold a public hearing as set forth in |
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64 | 64 | | 36subsection (c). |
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65 | 65 | | 37 (e) The commission shall publish an annual report on its website and include as part of its |
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66 | 66 | | 38annual hearings, pursuant to section 8, hospital performance, in the aggregate and by individual |
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67 | 67 | | 39hospital, on each component of the index. |
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68 | 68 | | 40 (f)The commission, in consultation with the center for health information and analysis |
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69 | 69 | | 41shall promulgate regulations governing the collection of data sufficient to monitor hospital |
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70 | 70 | | 42efficiency. |
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71 | 71 | | 43 (g) The commission shall develop recommendations governing the enforcement of the |
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72 | 72 | | 44hospital efficiency index by the state and private and commercial payers. The commission’s |
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73 | 73 | | 45recommendations shall include, but not be limited to the following: |
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74 | 74 | | 46 i. Requiring commercial insurers, Medicaid, and group insurance commission to |
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75 | 75 | | 47directly apply efficiency adjustments to hospital contracts based on performance on the |
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76 | 76 | | 48efficiency index; |
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77 | 77 | | 49 ii.Requiring the hospital to enter into an efficiency correction action plan if a |
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78 | 78 | | 50hospital performs poorly on the index overall or on any component of the index; and |
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79 | 79 | | 51 iii.Prohibiting commercial, Medicaid, and the group insurance commission payment |
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80 | 80 | | 52for low value care or other hospital services related to potentially avoidable utilization, provided |
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81 | 81 | | 53that consumers are protected from balance billing for such services. 4 of 4 |
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82 | 82 | | 54 The commission, in consultation with the center for health information and analysis, the |
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83 | 83 | | 55office of Medicaid, the group insurance commission, and the division of insurance, shall file a |
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84 | 84 | | 56report containing its recommendations for enforcement of the hospital efficiency index with the |
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85 | 85 | | 57house and senate committees on ways and means and the joint committee on health care |
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86 | 86 | | 58financing and shall be published and made available to the public no later than July 1, 2026. |
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