HOUSE DOCKET, NO. 3237        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1177

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Ronald Mariano

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to protecting health care consumers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Ronald Mariano

3rd Norfolk

1/18/2019

Carmine Lawrence Gentile

13th Middlesex

2/1/2019

Linda Dean Campbell

15th Essex

2/1/2019


HOUSE DOCKET, NO. 3237        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1177

By Mr. Mariano of Quincy, a petition (accompanied by bill, House, No. 1177) of Ronald Mariano, Carmine Lawrence Gentile and Linda Dean Campbell relative to operations or governance structure changes of healthcare service providers or provider organizations and the review of such changes by the Attorney General.  Health Care Financing.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2218 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to protecting health care consumers.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 13 of chapter 6D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsections (g) and (h) and inserting in place thereof the following 2 subsections:-

(g) Nothing in this section shall prohibit a proposed material change under subsection (a); provided, however, that (i)  any proposed material change shall not be completed until at least 30 days after the commission has issued its final report, and (ii)  if attorney general brings an action as described in subsection (h), any proposed material change shall not be completed while such action is pending and prior to a final judgment being issued by a court of competent jurisdiction.

(h) Any provider or provider organization that meets the criteria in subsection (e) has engaged, or through a material change will engage, in an unfair method of competition or unfair and deceptive trade practice subject to challenge under section 4, but not sections 9 or 11, of  chapter 93A.  The attorney general may take action under chapter 93A or any other law to protect consumers in the health care market, including by bringing an action seeking to restrain such violation of chapter 93A. The commission's final report may be evidence in any such action brought by the attorney general. When the commission, under subsection (f), refers a report on a provider or provider organization to the attorney general, the report shall create a rebuttable presumption that the facts and conclusions stated therein are true.

SECTION 2. Section 11N of chapter 12 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The attorney general may, upon a referral by the health policy commission under section 13 of chapter 6D, bring any appropriate action, including for injunctive relief, as may be necessary under chapter 93A or any other law to restrain unfair methods of competition or unfair and deceptive trade practices by a provider or provider organization. The attorney general may take action under chapter 93A or any other law to protect consumers in the health care market.