SENATE DOCKET, NO. 61        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1466

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 to protect essential health services.

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PETITION OF:

SENATE DOCKET, NO. 61        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1466

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1343 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to protect essential health services.

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 51G of Chapter 111 of the General Laws is hereby amended in Subsection (4) by inserting, after the first sentence, the following:-

Any such notification shall include, but not be limited to, the following:

1. The reasons for which the closing or discontinuance is being proposed.

2. An analysis of the economic feasibility of retaining the essential health service or hospital and the economic impacts of the proposed closing or discontinuance

3. An analysis of the clinical safety of retaining the essential health service or hospital and any threats to public health and safety that would be caused by the proposed closing or discontinuance

SECTION 2. Section 51G of Chapter 111 of the General Laws is hereby amended in Subsection (4) by adding, after the word “services” in the fourth sentence the following:-

The department may, if it determines that an essential health service can be retained in a clinically safe manner without depriving the hospital of a fair net operating income, deny the proposed discontinuance and require the retention of the essential health service either in its original condition or any modification which the department deems to be satisfactory.

In the event that a hospital proposed for closure is owned or controlled by an entity which holds a license for facilities other than the hospital proposed for closure, and the department determines that the hospital can be retained in a clinically safe manner and without depriving that entity of a fair net operating income, the department may require the retention of said hospital either in its original configuration or any modification which the department deems to be satisfactory.