The following legislation was submitted to the Massachusetts Legislature by the Massachusetts Medical Society for consideration during the 2013-14 session.
An Act Relative to Medical Peer Review
Sponsor: Costello
HD.1422
This bill would help insure high standards of care by updating existing peer review statutes and corresponding confidentiality protections. Under current law, only certain peer review programs are afforded confidentiality. This legislation would expand that definition to include ACO's and other entities with legitimate interests in reviewing the quality of care provided to the patients of the Commonwealth. New bill, but similar language was included in House and Senate payment reform legislation.
An Act to Clarify the Reporting of Medical Liability Claims
Sponsors: S. Walsh/Eldridge
HD.1306
SD.1002
This bill would expand upon the patient care protections of Chapter 224 of the Acts of 2012 by clarifying that payments made under the Disclosure, Offer and Apology (DA&O) program where the unanticipated injury is not the result of substandard care would be exempt from reporting by the Board of Registration in Medicine. New Bill
An Act Relative to Communications Between Health Insurers and Patients
Sponsor: Brady
HD.1211
This bill would prohibit health insurers and Accountable Care Organizations from initiating communication with patients and their families regarding treatment options and code statuses without a physicians knowledge or presence. New bill.
An Act Relative to the Valuation of Professional Practices in Divorce Proceedings
Sponsor: Brady
HD.922
This bill would ensure that professional corporations, including physician office practices, be valued at fair market value, as defined consistently with federal statutes governing other transactions involving physician practices. New Bill
An Act To Extend Patient Protections To Recipients Of MassHealth
Sponsors: Cusack
HD.964
This bill would extend the protections of the Patient Protection Act to recipients of MassHealth and require Medicaid to meet the prompt payments provisions of that law for services rendered to MassHealth beneficiaries. It would also require timely notification of defective claims, limit recoupment, and prohibit retroactive denial of claims. Final 11/12 Status: H.1231 (Pedone). Referred to Health Care Financing Committee. Study.
An Act Relative To Patient Care Access
Sponsors: Rep Galvin/Kennedy
HD.644
SD.383
This bill would increase reporting requirements for liability insurers; allow future sources to be included as evidence of collateral sources; require expert witnesses in actions against physicians to be board certified in the same specialty as the defendant physician; grant the Board of Registration in Medicine authority to review the testimony of expert witnesses from a clinical perspective as to the standard of medical care; allow for periodic payments of awards over $50,000; and eliminate joint and several liability. Final 11/12 Status: H.1301 (Galvin). Referred to Judiciary. Study. S.432 (Kennedy). Referred to Financial Services Committee. Study.
An Act Relative To Expert Witnesses In Actions For Medical Malpractice
Sponsor: Rep. Galvin
HD.646
This bill would require expert witnesses in actions against physicians to be board certified in the same specialty as the defendant physician; would grant the Board of Registration in Medicine authority to review the testimony of expert witnesses from a clinical perspective as to the standard of medical care. Refile H.1302 (Galvin). Referred to Judiciary Committee. Study.
An Act Relative To Insurance Companies And Quality Measures
Sponsors: Mariano/Creem
HD.1800
SD.278
This bill would provide standards to assure the integrity of the information used by insurers in measuring "quality" for pay-for-performance, tiering of co-payments and other purposes. It would also ban the practice of placing physicians who are new to practice in a low quality/high cost tier. Refile H.302 (Mariano) Referred to Financial Services Committee. Study.
S.494 (Creem). Referred to Health Care Financing Committee. Study.
An Act To Provide For The Autonomy Of Hospital Medical Staffs
Sponsor: Rep Kafka
HD.265
This bill would assure the autonomy of hospital medical staffs by statutorily establishing basic self-governing rights including establishing by-laws, electing officers, assessing dues and hiring independent legal counsel. Would also allow an existing med staff the right to reorganize and redefine its own governance structure as appropriate; all properly licensed and hospital credentialed physicians involved in patient care to be eligible for voice and vote in organized medical staff self-governance; the medical staff should be a representative democracy where members personally participate with voice and vote in the decision making and election of their representatives.Refile H.2363 (Kafka); S.1095 (Fargo). Referred to Public Health. Study.
An Act To Provide For The Privacy Of Information Submitted By Hospital Medical Staff
Sponsor: Senator Kennedy
SD.386
This bill would safeguard the confidentiality of hospital medical staff members' personal and financial information disclosed pursuant to hospital conflict of interest policies.
Refile H.1510 (Pedone). Referred to Public Health Committee. Study.
S.513 (Kennedy). Referred to Health Care Financing Committee. Study.
