Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2469 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1658 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2469
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael P. Kushmerek and Christine P. Barber
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 :DATE ADDED:Michael P. Kushmerek3rd Worcester1/15/2025Christine P. Barber34th Middlesex1/15/2025Sean Reid11th Essex2/10/2025Susannah M. Whipps2nd Franklin2/10/2025Rodney M. Elliott16th Middlesex2/10/2025Manny Cruz7th Essex2/11/2025Colleen M. Garry36th Middlesex2/11/2025Jason M. LewisFifth Middlesex2/18/2025Paul R. FeeneyBristol and Norfolk2/18/2025Thomas M. Stanley9th Middlesex2/18/2025Vanna Howard17th Middlesex2/18/2025Michael D. BradySecond Plymouth and Norfolk2/28/2025Adrianne Pusateri Ramos14th Essex3/10/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1658 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2469
18	18	By Representatives Kushmerek of Fitchburg and Barber of Somerville, a petition (accompanied
19	19	by bill, House, No. 2469) of Michael P. Kushmerek, Christine P. Barber and others relative to
20	20	the discontinuance of health service. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to the closing of hospital essential services.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
30	30	2is hereby amended by striking subsection (4) of section 51G and inserting in place thereof the
31	31	3following section:
32	32	4 (4) (a) A hospital shall notify the department of a proposed closure at least one calendar
33	33	5year in advance of the date of the proposed closure or discontinuance of an essential health
34	34	6service.
35	35	7 (b) At least 30 days prior to notifying the department of the proposed closure or
36	36	8discontinuance of an essential health service, the hospital shall inform either electronically or in
37	37	9writing the Department and the following parties of its intent to submit notice to close a service:
38	38	10(a) The hospital’s patient and family council; (b) Each staff member of the hospital; (c) Every
39	39	11labor organization that represents the hospital’s workforce during the period of the essential
40	40	12services closure; (d) The members of the General Court who represent the city or town in which 2 of 4
41	41	13the hospital is located; and; (e) A representative of the local officials of the city or town in which
42	42	14the hospital is located. The department shall define essential services according to 105 CMR 130.
43	43	15 (c) At least 30 days prior to notifying the department of the proposed closure of an
44	44	16essential health service, a detailed account of any community engagement and planning which
45	45	17has occurred prior to such filing, and such other information as the Commissioner may require
46	46	18shall be presented to the department. With respect to the proposed closure of an essential health
47	47	19service, the hospital shall also send a copy of the notice that it submits to the Department to the
48	48	20Health Policy Commission, Office of the Attorney General, Center for Health Information and
49	49	21Analysis, and Executive Office of Labor and Workforce Development as well as each of the
50	50	22health care coalitions and community groups identified by the hospital in its notice to the
51	51	23department.
52	52	24 (d) The hospital proposing the discontinuance shall provide, with their initial notice to the
53	53	25department, evidence of support or non-opposition to the proposed change from each
54	54	26municipality to which it provides the service as a health care resource, as determined pursuant to
55	55	27section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be
56	56	28obtained, evidence of having given notice and allowed an opportunity for comment from said
57	57	29municipalities. Any information given without meeting the requirements of this paragraph shall
58	58	30not constitute notice to the department for the purpose of establishing the earliest date on which
59	59	31the hospital may close or discontinue an essential health service.
60	60	32 (e) The department shall, in the event that a hospital proposes to discontinue an essential
61	61	33health service or services, determine whether any such discontinued services are necessary for
62	62	34preserving access and health status in the hospital’s service area, require the hospital to submit a 3 of 4
63	63	35plan for assuring access to such necessary services following the hospital’s closure of the
64	64	36service, and assure continuing access to such services in the event that the department determines
65	65	37that their closure will significantly reduce access to necessary services. This plan shall include
66	66	38the creation of a community oversight committee comprised of a representative from each
67	67	39municipality to which the hospital provides the service as a health care resource as well as non-
68	68	40managerial employees, including registered nurses and ancillary staff, from the hospital, and a
69	69	41representative from a local interfaith organization to ensure that any plan approved by the
70	70	42department is followed. The community oversight group shall inform the department in the event
71	71	43the plan is not executed and followed by the hospital. If the hospital's plan for assuring continued
72	72	44access to a necessary service relies upon the availability of similar services at another hospital or
73	73	45health facility with which it does not share common ownership, the department shall require the
74	74	46hospital to submit with said plan a statement from each other hospital or health facility listed in
75	75	47the plan, affirming their capacity to provide continued access as described in the plan. The
76	76	48department shall conduct a public hearing prior to a determination on the closure of said essential
77	77	49services or of the hospital. No original license shall be granted to establish or maintain an acute-
78	78	50care hospital, as defined by section 25B, unless the applicant submits a plan, to be approved by
79	79	51the department, for the provision of community benefits, including the identification and
80	80	52provision of essential health services. In approving the plan, the department may take into
81	81	53account the applicants existing commitment to primary and preventive health care services and
82	82	54community contributions as well as the primary and preventive health care services and
83	83	55community contributions of the predecessor hospital. The department may waive this
84	84	56requirement, in whole or in part, at the request of the applicant which has provided or at the time 4 of 4
85	85	57the application is filed, is providing, substantial primary and preventive health care services and
86	86	58community contributions in its service area.
87	87	59 (f) If a hospital executes a plan to discontinue an essential health service, said plan not
88	88	60having been approved by the department pursuant to this section, the Attorney General shall seek
89	89	61an injunction to require that the essential health service be maintained for the duration of the
90	90	62notice period outlined in paragraph (a) of this section. Additionally, that hospital shall not be
91	91	63eligible to have an application approved pursuant to section 25C for a period of three years from
92	92	64the date the service is discontinued, or until the essential health service is restored, or until such
93	93	65time as the department is satisfied that a plan is in place that, at the time of the discontinuance,
94	94	66would have met the requirements of paragraph (c).
95	95	67 (g) To preserve access to essential services, hospitals shall not close any beds, units or
96	96	68facilities for the duration of any declared state of emergency pertaining to health care.