Budget Amendment ID: FY2019-S4-629-R2

2nd Redraft EHS 629

Essential Services Task Force

Messrs. Timilty, Brady, O'Connor, Feeney and Eldridge, Ms. L'Italien, Mr. Crighton, Ms. Gobi, Ms. Jehlen, Messrs. Welch, Pacheco, Collins and Cyr moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A.  There shall be a task force to investigate the causes and effects of the discontinuation of essential health services by hospitals and existing administrative procedures for the discontinuations under chapter 111 of the General Laws. The task force shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of public health or a designee; the executive director of the center for health information and analysis or a designee; the attorney general or a designee; the secretary of labor and workforce development or a designee; the executive director of the health policy commission or a designee; 1 member of the house or representatives; 1 member of the senate; the president of the Massachusetts Nurses Association or a designee; and 3 community representatives from a region that has experienced the closure or discontinuation of an essential health service in the past 5 years, 1 of whom shall be appointed by the Governor, 1 of whom shall be appointed by the speaker of the house and  1 of whom shall be appointed by the senate president.

The task force shall review: (i) recent discontinuations of essential health services by hospitals; (ii) recent hospital closures; (iii) methods implemented in other states to discourage and to manage the discontinuation of essential health services by hospitals and hospital closures; (iv) the sufficiency of the current essential health services review process, including the role of community involvement within the process; and (v) methods implemented in other states to ensure continued access to essential health services by communities affected by a discontinuation of an essential health service or a hospital closure. To the extent possible, the task force shall incorporate into its review any drafts or discussion documents produced by the task force on the discontinuation of essential health services established under section 229 of chapter 165 of the Acts of 2014.

The task force shall provide recommendations on ways to: (i) improve the notification and community involvement processes when a hospital intends to discontinue an essential health service or cease operations; (ii) ensure that communities in the affected service area have access to alternative providers for discontinued essential health services; (iii) ensure uniform reporting of hospital costs and financial conditions across state agencies to better identify hospitals in distress that are on the verge of closing or discontinuing an essential health service; (iv) impose penalties by the department of public health on hospitals that discontinue an essential health service prior to receiving approval by the department; and (v) prevent the termination of services deemed essential health services by the department of public health.

The task force shall file a report of its findings and recommendations for legislation, if any, with the clerks of the senate and house of representatives, the joint committee on health care financing,  the joint committee on public health and the senate and house committees on ways and means not later than January 31, 2019.”.