Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1503 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 318 FILED ON: 1/10/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1503
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 IslandsJoanne M. ComerfordHampshire, Franklin and Worcester2/5/2025Susannah M. Whipps2nd Franklin2/7/2025Manny Cruz7th Essex2/11/2025Jason M. LewisFifth Middlesex2/13/2025Paul R. FeeneyBristol and Norfolk2/13/2025Thomas M. Stanley9th Middlesex2/14/2025Vanna Howard17th Middlesex2/14/2025 1 of 4
16	16	SENATE DOCKET, NO. 318 FILED ON: 1/10/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1503
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1503) of Julian Cyr, Joanne M.
19	19	Comerford, Susannah M. Whipps, Manny Cruz and other members of the General Court for
20	20	legislation relative to the closing of hospital essential services. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 736 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 the closing of hospital essential services.
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 51G of chapter 111 of the General Laws, as appearing in the 2022 Official
32	32	2Edition, is hereby amended by striking subsection (4) and inserting in place thereof the following
33	33	3section:
34	34	4 (4)(a) A hospital shall notify the department of a proposed closure at least one calendar
35	35	5year in advance of the date of the proposed closure or discontinuance of an essential health
36	36	6service.
37	37	7 (b) At least 30 days prior to notifying the department of the proposed closure or
38	38	8discontinuance of an essential health service, the hospital shall inform either electronically or in
39	39	9writing the Department and the following parties of its intent to submit notice to close a service: 2 of 4
40	40	10(a) The hospital’s patient and family council; (b) Each staff member of the hospital; (c) Every
41	41	11labor organization that represents the hospital’s workforce during the period of the essential
42	42	12services closure; (d) The members of the General Court who represent the city or town in which
43	43	13the hospital is located; and; (e) A representative of the local officials of the city or town in which
44	44	14the hospital is located. The department shall define essential services according to 105 CMR 130.
45	45	15 (c) At least 30 days prior to notifying the department of the proposed closure of an
46	46	16essential health service, a detailed account of any community engagement and planning which
47	47	17has occurred prior to such filing, and such other information as the Commissioner may require
48	48	18shall be presented to the department. With respect to the proposed closure of an essential health
49	49	19service, the hospital shall also send a copy of the notice that it submits to the Department to the
50	50	20Health Policy Commission, Office of the Attorney General, Center for Health Information and
51	51	21Analysis, and Executive Office of Labor and Workforce Development as well as each of the
52	52	22health care coalitions and community groups identified by the hospital in its notice to the
53	53	23department.
54	54	24 (d) The hospital proposing the discontinuance shall provide, with their initial notice to the
55	55	25department, evidence of support or non-opposition to the proposed change from each
56	56	26municipality to which it provides the service as a health care resource, as determined pursuant to
57	57	27section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be
58	58	28obtained, evidence of having given notice and allowed an opportunity for comment from said
59	59	29municipalities. Any information given without meeting the requirements of this paragraph shall
60	60	30not constitute notice to the department for the purpose of establishing the earliest date on which
61	61	31the hospital may close or discontinue an essential health service. 3 of 4
62	62	32 (e) The department shall, in the event that a hospital proposes to discontinue an essential
63	63	33health service or services, determine whether any such discontinued services are necessary for
64	64	34preserving access and health status in the hospital’s service area, require the hospital to submit a
65	65	35plan for assuring access to such necessary services following the hospital’s closure of the
66	66	36service, and assure continuing access to such services in the event that the department determines
67	67	37that their closure will significantly reduce access to necessary services. This plan shall include
68	68	38the creation of a community oversight committee comprised of a representative from each
69	69	39municipality to which the hospital provides the service as a health care resource as well as non-
70	70	40managerial employees, including registered nurses and ancillary staff, from the hospital, and a
71	71	41representative from a local interfaith organization to ensure that any plan approved by the
72	72	42department is followed. The community oversight group shall inform the department in the event
73	73	43the plan is not executed and followed by the hospital. If the hospital's plan for assuring
74	74	44continued access to a necessary service relies upon the availability of similar services at another
75	75	45hospital or health facility with which it does not share common ownership, the department shall
76	76	46require the hospital to submit with said plan a statement from each other hospital or health
77	77	47facility listed in the plan, affirming their capacity to provide continued access as described in the
78	78	48plan. The department shall conduct a public hearing prior to a determination on the closure of
79	79	49said essential services or of the hospital. No original license shall be granted to establish or
80	80	50maintain an acute-care hospital, as defined by section 25B, unless the applicant submits a plan, to
81	81	51be approved by the department, for the provision of community benefits, including the
82	82	52identification and provision of essential health services. In approving the plan, the department
83	83	53may take into account the applicants existing commitment to primary and preventive health care
84	84	54services and community contributions as well as the primary and preventive health care services 4 of 4
85	85	55and community contributions of the predecessor hospital. The department may waive this
86	86	56requirement, in whole or in part, at the request of the applicant which has provided or at the time
87	87	57the application is filed, is providing, substantial primary and preventive health care services and
88	88	58community contributions in its service area.
89	89	59 (f) If a hospital executes a plan to discontinue an essential health service, said plan not
90	90	60having been approved by the department pursuant to this section, the Attorney General shall seek
91	91	61an injunction to require that the essential health service be maintained for the duration of the
92	92	62notice period outlined in paragraph (a) of this section. Additionally, that hospital shall not be
93	93	63eligible to have an application approved pursuant to section 25C for a period of three years from
94	94	64the date the service is discontinued, or until the essential health service is restored, or until such
95	95	65time as the department is satisfied that a plan is in place that, at the time of the discontinuance,
96	96	66would have met the requirements of paragraph (c).
97	97	67 (g) To preserve access to essential services, hospitals shall not close any beds, units or
98	98	68facilities for the duration of any declared state of emergency pertaining to health care.