Text of
legislation filed by MMS for the 2015-16 session of the Massachusetts
Legislature:
SECTION 1. Section 1 of chapter 111, as
appearing in the 2010 Official Edition, is hereby amended by striking out the
definition of “Medical peer review committee” or “committee”, and inserting in place
thereof the following definition:-
“Medical
peer review committee” or “committee”, a committee of health care providers,
which functions to: (i) evaluate or improve the quality of health care rendered
by providers of health care services; (ii) determine whether health care
services were performed in compliance with the applicable standards of care;
(iii) determine whether the costs of health care services were performed in
compliance with the applicable standards of care; (iv) determine whether the
cost of the health care services rendered were considered reasonable by the
providers of health services in the area; (v) determine whether a health care
provider’s actions call into question such health care provider’s fitness to
provide health care services; or (vi) evaluate and assist health care providers
impaired or allegedly impaired by reason of alcohol, drugs, physical
disability, mental instability or otherwise; provided further, that “medical
peer review committee” shall also include: (i) a committee of a pharmacy
society or association that is authorized to evaluate the quality of pharmacy
services or the competence of pharmacists and suggest improvements in pharmacy
systems to enhance patient care; or (ii) a pharmacy peer review committee
established by a person or entity that owns a licensed pharmacy or employs
pharmacists that is authorized to evaluate the quality of pharmacy services or
the competence of pharmacists and suggest improvements in pharmacy systems to
enhance patient care.
SECTION 2. Said chapter 111 of the General
Laws is hereby further amended by inserting at the end of section 204 the
following :
(f) The
provisions of this section shall apply to any committee formed by an individual
health care provider, physician group practice, licensed health care facility
or any combination thereof to perform the duties or functions of medical peer
review as set forth in section one of this chapter, notwithstanding the
fact that the formation of the committee is not required by law or regulation
or that the individual, group or facility is not solely affiliated with a
public hospital or licensed hospital or nursing home or health maintenance
organization.