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Bill H.4062
Section 51G of chapter 111 of the General Laws, as amended by section 63 of chapter 343 of the acts of 2024, is hereby further amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-
(4) Any hospital shall inform the department 90 days prior to the closing of the hospital or the discontinuance of any essential health service provided therein. The department shall by regulation define the words “essential health service” for the purposes of this section. The department shall, in the event that a hospital proposes to discontinue an essential health service or services, conduct a public hearing on the closure of said essential services or of the hospital, and the department may seek an analysis of the impact of the closure from the health policy commission. The department shall determine whether any such discontinued services are necessary for preserving access and health status in the hospital's service area and shall require hospitals to submit a plan for assuring access to such necessary services following the hospital's closure of the service and assure continuing access to such services in the event that the department determines that their closure will significantly reduce access to necessary services. The department, in making any determination on the closure of said essential services or a hospital, shall: (i) consider the state health resource plan developed pursuant to section 22 of chapter 6D; and (ii) seek an analysis of the impact of the closure from the division of insurance to determine if the closure will cause a carrier not to meet the standards for network adequacy pursuant to 211 CMR 52.12 or any successor regulation. The department shall conduct a public hearing prior to a determination on the closure of said essential services or of the hospital. No original license shall be granted to establish or maintain an acute-care hospital, as defined in section 25B, unless the applicant submits a plan, to be approved by the department, for the provision of community benefits, including the identification and provision of essential health services. In approving the plan, the department may take into account the applicant's existing commitment to primary and preventive health care services and community contributions as well as the primary and preventive health care services and community contributions of the predecessor hospital. The department may waive this requirement, in whole or in part, at the request of the applicant that has provided or at the time the application is filed, is providing, substantial primary and preventive health care services and community contributions in its service area.
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