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HD 1538

An Act preserving essential services in our hospitals

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 3 co-sponsors

Requires regulator review and public hearings before closing essential hospital services; if deemed essential, a 3-year moratorium to protect access.

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Bill Summary · HD 1538

Summary: HD 1538 — An Act preserving essential services in our hospitals (Massachusetts)

Overview

HD 1538, titled “An Act preserving essential services in our hospitals,” is a proposed bill filed in the Massachusetts General Court. The bill seeks to add safeguards around the closure or discontinuation of essential health services at hospitals by creating a regulatory framework, public review, and a temporary non-closure period when essential services are deemed necessary to preserve access in a hospital’s service area. The bill amends Chapter 111, Section 51G.

Note: The version text provided indicates the bill was filed on January 15, 2025 (House Docket No. 1538 is associated with House No. 2445). A prior related measure from the 2023-2024 session is cited as House No. 4230.

Purpose and intent

  • To ensure that the closure or discontinuation of essential health services at hospitals is subjected to regulatory review, public input, and a determination of impact on access and health status in the hospital’s service area.
  • To provide a mechanism that can temporarily protect certain essential services from closure, preserving patient access to critical care.

Key provisions (substantive changes to Chapter 111, Section 51G)

  • Notice requirement: Hospitals must inform the Department of Public Health (or the relevant department) 90 days prior to proposing a closure of the hospital or discontinuation of any essential health service.
  • Definition of “essential health service”: The department would define what constitutes an essential health service by regulation.
  • Public hearing: If a hospital proposes to discontinue an essential health service or the hospital itself, the department must conduct a public hearing on the proposed closure or service discontinuation.
  • Determination and protection: The department would determine whether the discontinued service is necessary to preserve access and health status in the hospital’s service area. If the department so determines, the essential health service may not be proposed for closure for three years.

Who/what is affected

  • Hospitals in the Commonwealth that might consider closing or discontinuing services.
  • The Massachusetts Department of Public Health (or the corresponding department responsible for health services regulation).
  • Patients and communities served by the hospital, particularly those relying on services identified as essential.
  • Health system planning and hospital administrators who would need to engage in regulated notice and public hearings.

Procedural and timeline aspects

  • 90-day notice: Hospitals must notify the department well in advance of proposed closures or discontinuations.
  • Regulation development: The department would define what counts as an “essential health service” through regulatory processes.
  • Public hearing: Required when a proposed closure or discontinuation involves an essential service.
  • 3-year moratorium: If the department determines the service is essential for preserving access and health status, the service cannot be closed for at least three years.

Potential impacts and considerations

  • Access protection: The bill strengthens protections for communities that depend on certain hospital services.
  • Regulatory process: Introduces a formal, regulator-driven process with public input, which could influence hospital strategic decisions.
  • Definition challenges: The effectiveness hinges on how “essential health service” is defined in regulation, which can affect scope and outcomes.
  • Fiscal and operational effects: Hospitals may face added planning and compliance requirements; regulators may need resources to administer hearings and reviews.

Status and next steps

  • Status in the General Court is not specified here; the bill is introduced as House Docket No. 1538 (also referenced as House No. 2445 in the 2025 session) with related prior similar matter (No. 4230 in 2023-2024).
  • If advanced, the bill would move through the Public Health committee and later to the full House and Senate for consideration, with regulatory development occurring in parallel.

Compiled from official sources — confirm details with the bill’s official record.

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