Budget Amendment ID: FY2024-S3-573

EHS 573

Combating V.I.P. Medicine to Protect Healthcare Access and Affordability

Mr. Montigny moved that the proposed new text be amended by inserting after section ___ the following section:-

“SECTION ___.  Section 10 of chapter 6D of the General Laws is hereby amended by striking subsection (m) and inserting in place thereof the following subsection:-

“(m) All health care entities shall, in good faith, work to implement the performance improvement plan.  A health care entity seeking to establish new business partnerships or operations outside of the commonwealth while implementing a performance improvement plan shall not be considered to be working in good faith and shall be subject to penalties set forth in subsection (q).  At any point during the implementation of the performance improvement plan the health care entity may file amendments to the performance improvement plan, subject to approval of the commission.”; and

by inserting after section ___ the following section:-

"SECTION ___.  Said section 10 of chapter 6D of the General Laws is hereby amended by striking subsection (q) and inserting in place thereof the following subsection:-

“(q) If the commission determines that a health care entity has: (i) willfully neglected to file a performance improvement plan with the commission within 45 days as required under subsection (d); (ii) failed to file an acceptable performance improvement plan in good faith with the commission; (iii) failed to implement the performance improvement plan in good faith; or (iv) knowingly failed to provide information required by this section to the commission or that knowingly falsifies the same, the commission shall assess a civil penalty to the health care entity of $500,000 per day.  Fines collected pursuant to this section shall be deposited into the Health Safety Net Trust Fund established in section 66 of chapter 118E.”; and

by inserting after section ___ the following section:-

“SECTION ___. Chapter 111 of the General Laws is hereby amended by inserting after section 53H the following section:-

Section 53I.  (a) Notwithstanding any general or special law to the contrary, no health care provider shall knowingly or intentionally violate department rules and regulations adopted under this chapter, at the direct request of a patient, authorized caregiver or other interested person.  Any violation shall be documented and reported by the health care provider to the department within 72 hours.  The department may impose penalties including, but not limited to, a fine of up to $5,000 per violation or complaint to the relevant board of registration.  A health care provider who fails to report a violation, as so provided, may be subject to additional penalties up to $50,000 per violation.

(b)  Notwithstanding any general or special law to the contrary, a health care provider shall not knowingly or intentionally designate, mark, label or confer any special status unrelated to medical diagnosis, treatment or care to a patient due to socio-economic status or direct relationship to the health care provider.  The department may impose penalties including, but not limited to, a fine of up to $5,000 per violation or complaint to the relevant board of registration.

(c) A penalty assessed under this section shall not preclude the department from assessing fees for violations under this chapter.

(d) A health care provider reporting a violation pursuant to this section shall be afforded protection from retaliatory action in accordance with section 187 of chapter 149.

(e) The commissioner may promulgate regulations to enforce this section.”.