[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5681 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5681
To amend the Public Health Service Act to require hospitals to submit
notice to the Secretary of Health and Human Services before closing all
or certain units or departments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2020
Mr. Brendan F. Boyle of Pennsylvania introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to require hospitals to submit
notice to the Secretary of Health and Human Services before closing all
or certain units or departments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Communities from Hospital
Closures Act of 2020''.
SEC. 2. HOSPITAL CLOSINGS.
(a) In General.--Part C of title III of the Public Health Service
Act (42 U.S.C. 248 et seq.) is amended by adding at the end the
following:
``SEC. 327B. HOSPITAL CLOSINGS.
``(a) Notice Requirement.--
``(1) Requirement.--A hospital shall provide written notice
to the Secretary of a determination--
``(A) to close all or most of its units or
departments (in this section referred to as a `general
hospital closing'); or
``(B) to close an emergency treatment unit or
department, a labor and delivery unit or department, or
any other type of unit or department that the Secretary
determines, by regulation, might significantly impact
the health and welfare of an affected community such
that advanced notice and planning is warranted (in this
section referred to as a `significant impact unit
closing').
``(2) Timing.--A hospital shall give notice required by
paragraph (1)--
``(A) upon making a determination to close
described in such paragraph; and
``(B) in no event less than 180 days from the
anticipated date of the closing.
``(b) Prohibition Against Closing Except Pursuant to Closure
Plan.--
``(1) Prohibition.--A hospital shall not close any unit or
department as part of a general hospital closing or a
significant impact unit closing except pursuant to a written
closure plan that has been approved by the Secretary with
respect to such unit or department.
``(2) Approval standard.--The Secretary shall approve a
closure plan with respect to the closing of a unit or
department only if the Secretary determines that the closure
plan adequately addresses--
``(A) continuity of patient care; and
``(B) the health and safety needs of the community
served by the unit or department.
``(3) Modification.--The Secretary may condition approval
under paragraph (2) on the agreement by the hospital to modify
the closure plan to include such conditions as the Secretary
determines to be necessary meet the approval standard of
paragraph (2).
``(4) Notification to congress.--The Secretary shall
promptly provide written notice to the Congress upon receiving,
approving, rejecting, or requiring a modification to a closure
plan under this section.
``(c) Closure Plans.--
``(1) Initial closure plan.--A hospital seeking to carry
out a general hospital closing or a significant impact unit
closing shall submit to the Secretary--
``(A) not later than 120 days before the
anticipated date of the closing, an initial closure
plan; and
``(B) not less than every 2 weeks thereafter,
through the completion of the proposed closing, updates
on the progress of the hospital in--
``(i) finalizing the closure plan; and
``(ii) implementing the closing.
``(2) Meetings, discussions, and documents.--Upon receipt
of a closure plan from a hospital, the Secretary may, for the
purpose of evaluating the proposed plan and overseeing the
implementation of the plan, require--
``(A) attendance at meetings, and involvement in
discussions, by executive staff and administrators of
the hospital; and
``(B) provision by the hospital to the Secretary of
relevant information and documents.
``(3) Contents of closure plan.--A closure plan under this
section shall address the following:
``(A) The reasons for the closing.
``(B) Any plans for the closing of all major
departments and units of the hospital, including with
respect to--
``(i) continuity of patient care in each
department and unit; and
``(ii) the transfer of patients to other
facilities.
``(C) Plans with respect to specialized programs or
groups of patients particularly vulnerable to
interruptions in medical care, such as cancer
chemotherapy or prenatal care.
``(D) Any plans for the closure of an emergency
department, including diversion to other hospital
emergency departments and the interface with emergency
medical services.
``(E) Written agreements with other health care
providers to accept responsibility for continuing the
care of patients receiving ongoing care at the
hospital.
``(F) Plans for--
``(i) how all medical records (including
paper and electronic records) will be
maintained throughout and after the closing;
and
``(ii) how those medical records will be
made available to former patients and the
physicians who provide care for such patients.
``(G) Plans for the maintenance, transfer, and
disposal of pharmaceuticals, chemicals, hazardous
substances, and other similar materials located at the
unit or department subject to the closing.
``(H) The anticipated timeline for closing the
units or departments subject to the closing.
``(I) A communications and engagement plan with
respect to the affected community, including plans for
a public meeting to be held in the affected community.
``(J) Changes in the hospital's governing body,
administration, and medical staff leadership as the
closure is implemented.
``(K) A plan regarding the hospital's efforts to
assist affected workers and students with--
``(i) finding suitable employment and
educational opportunities; and
``(ii) continuation of insurance.
``(L) Plans to address the effects on bargaining
for represented employees.
``(M) An assurance that existing agreements between
the hospital and its employees, and agreements subject
to collective bargaining with an organization that
represents hospital employees, will be honored.
``(N) Plans with respect to maintaining ongoing
hospital security.
``(O) Plans for supervising compliance with, and
updates of, the closure plan.
``(d) Rule of Construction.--Nothing in this section shall be
construed as creating obligations for the Federal Government to
relieve, discharge, perform, indemnify, or assume liability for any
obligation or responsibility of a hospital or any of its officers,
directors, or affiliates.
``(e) Violations.--
``(1) Determination of violation.--If the Secretary
determines that a hospital has violated or is violating any
provision of this section, the Secretary may institute an
action in a Federal court of competent jurisdiction to compel
compliance with this section.
``(2) Judicial remedies.--If a court finds, pursuant to an
action instituted pursuant to paragraph (1), that a hospital
has violated or is violating any provision of this section, the
court may--
``(A) enjoin the hospital from carrying out any
action in furtherance of closing a unit or department
until the hospital has given proper notice and
otherwise complied with this section;
``(B) appoint a special master or temporary manager
to ensure that the hospital submits a closure plan in
accordance with this section and complies with such
closure plan; and
``(C) grant such other and further relief as the
court may deem just, proper, and equitable under the
circumstances.''.
(b) Applicability.--The amendment made by subsection (a) applies
with respect to any closing that occurs after the date of enactment of
this Act.
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