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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5681 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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