Massachusetts SD 2120: An Act relative to the closing of hospital essential services

Bill Text

1 of 2 
SENATE DOCKET, NO. 2120        FILED ON: 1/18/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 672 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Julian Cyr 
_________________ 
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 the closing of hospital essential services. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Julian Cyr Cape and Islands  
Timothy R. Whelan 1st Barnstable 1/23/2019 
Walter F. Timilty Norfolk, Bristol and Plymouth 1/29/2019 
Mary S. Keefe 15th Worcester 1/29/2019 
Michael O. Moore Second Worcester 1/29/2019 
Patrick M. O'Connor Plymouth and Norfolk 1/30/2019 
Adam G. Hinds Berkshire, Hampshire, Franklin and 
Hampden 
1/30/2019 
Diana DiZoglio First Essex 1/30/2019 
Joanne M. Comerford Hampshire, Franklin and Worcester 1/31/2019 
David Henry Argosky LeBoeuf 17th Worcester 1/31/2019 
Mike Connolly 26th Middlesex 1/31/2019 
David Allen Robertson 19th Middlesex 2/1/2019 
Jack Patrick Lewis 7th Middlesex 2/1/2019 
Marc R. Pacheco First Plymouth and Bristol 2/1/2019 
Rebecca L. Rausch Norfolk, Bristol and Middlesex 2/1/2019 
James K. Hawkins 2nd Bristol 2/11/2019 
James B. Eldridge Middlesex and Worcester 2/11/2019 

2 of 2 
Christine P. Barber 34th Middlesex 3/20/2019 

1 of 4 
SENATE DOCKET, NO. 2120        FILED ON: 1/18/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 672 
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 672) of Julian Cyr, Timothy R. Whelan, 
Walter F. Timilty, Mary S. Keefe and other members of the General Court for legislation relative 
to the closing of hospital essential services.  Health Care Financing. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
_______________
 
 
An Act relative to the closing of hospital essential services. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby 
2amended by striking subsection (4) of section 51G and inserting in place thereof the following 
3section: 
4 (4)(a) A hospital shall notify the department of a proposed closure at least one calendar 
5year in advance of the date of the proposed closure or discontinuance of an essential health 
6service.  
7 (b) At least 30 days prior to notifying the department of the proposed closure or 
8discontinuance of an essential health service, the hospital shall inform either electronically or in 
9writing the Department and the following parties of its intent to submit notice to close a service: 
10(a)  The hospital’s patient and family council; (b) Each staff member of the hospital; (c) Every 
11labor organization that represents the hospital’s workforce during the period of the essential 
12services closure; (d) The members of the General Court who represent the city or town in which 

2 of 4 
13the hospital is located; and; (e) A representative of the local officials of the city or town in which 
14the hospital is located. The department shall define essential services according to 105 CMR 130. 
15 (c) At least 30 days prior to notifying the department of the proposed closure of an 
16essential health service, a detailed account of any community engagement and planning which 
17has occurred prior to such filing, and such other information as the Commissioner may require 
18shall be presented to the department. With respect to the proposed closure of an essential health 
19service, the hospital shall also send a copy of the notice that it submits to the Department to the 
20Health Policy Commission, Office of the Attorney General, Center for Health Information and 
21Analysis, and Executive Office of Labor and Workforce Development as well as each of the 
22health care coalitions and community groups identified by the hospital in its notice to the 
23department. 
24 (c) The hospital proposing the discontinuance shall provide, with their initial notice to the 
25department, evidence of support or non-opposition to the proposed change from each 
26municipality to which it provides the service as a health care resource, as determined pursuant to 
27section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be 
28obtained, evidence of having given notice and allowed an opportunity for comment from said 
29municipalities. Any information given without meeting the requirements of this paragraph shall 
30not constitute notice to the department for the purpose of establishing the earliest date on which 
31the hospital may close or discontinue an essential health service. 
32 (d) The department shall, in the event that a hospital proposes to discontin