,i #aafth ,,congress #b;d ,session ,h4 ,r4 #efha ,,in ,,the ,,house ,,of ,,representatives ,january #bg1 #bjbj,mr4 ,brendan ,f4 ,boyle of ,pennsylvania introduced the following bill2 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 departments1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,communities from ,hospital ,closures ,act of #bjbj4 #b4 ,hospital closings 7a7 ,in general ,part ,c of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdh et seq47 is amended by adding at the end the following3 #cbg;,b4 ,hospital closings 7a7 ,notice requirement 7#a7 ,requirement ,a hospital shall provide written notice to the ,secretary of a determination-- 7,a7 to close all or most of its units or departments 7in this section referred to as a general hospital closing72 or 7,b7 to close an emergency treatment unit or department1 a labor and delivery unit or department1 or any other type of unit or department that the ,secretary determines1 by regulation1 might significantly impact the health and welfare of an affected community such that advanced notice and planning is warranted 7in this section referred to as a significant impact unit closing74 7#b7 ,timing ,a hospital shall give notice required by paragraph 7#a7-- 7,a7 upon making a determination to close described in such paragraph2 and 7,b7 in no event less than #ahj days from the anticipated date of the closing4 7b7 ,prohibition against closing except pursuant to closure plan 7#a7 ,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 department4 7#b7 ,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-- 7,a7 continuity of patient care2 and 7,b7 the health and safety needs of the community served by the unit or department4 7#c7 ,modification ,the ,secretary may condition approval under paragraph 7#b7 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 7#b74 7#d7 ,notification to ,congress ,the ,secretary shall promptly provide written notice to the ,congress upon receiving1 approving1 rejecting1 or requiring a modification to a closure plan under this section4 7c7 ,closure plans 7#a7 ,initial closure plan ,a hospital seeking to carry out a general hospital closing or a significant impact unit closing shall submit to the ,secretary-- 7,a7 not later than #abj days before the anticipated date of the closing1 an initial closure plan2 and 7,b7 not less than every #b weeks thereafter1 through the completion of the proposed closing1 updates on the progress of the hospital in-- 7i7 finalizing the closure plan2 and 7ii7 implementing the closing4 7#b7 ,meetings1 discussions1 and documents ,upon receipt of a closure plan from a hospital1 the ,secretary may1 for the purpose of evaluating the proposed plan and overseeing the implementation of the plan1 require-- 7,a7 attendance at meetings1 and involvement in discussions1 by executive staff and administrators of the hospital2 and 7,b7 provision by the hospital to the ,secretary of relevant information and documents4 7#c7 ,contents of closure plan ,a closure plan under this section shall address the following3 7,a7 ,the reasons for the closing4 7,b7 ,any plans for the closing of all major departments and units of the hospital1 including with respect to-- 7i7 continuity of patient care in each department and unit2 and 7ii7 the transfer of patients to other facilities4 7,c7 ,plans with respect to specialized programs or groups of patients particularly vulnerable to interruptions in medical care1 such as cancer chemotherapy or prenatal care4 7,d7 ,any plans for the closure of an emergency department1 including diversion to other hospital emergency departments and the interface with emergency medical services4 7,e7 ,written agreements with other health care providers to accept responsibility for continuing the care of patients receiving ongoing care at the hospital4 7,f7 ,plans for-- 7i7 how all medical records 7including paper and electronic records7 will be maintained throughout and after the closing2 and 7ii7 how those medical records will be made available to former patients and the physicians who provide care for such patients4 7,g7 ,plans for the maintenance1 transfer1 and disposal of pharmaceuticals1 chemicals1 hazardous substances1 and other similar materials located at the unit or department subject to the closing4 7,h7 ,the anticipated timeline for closing the units or departments subject to the closing4 7,i7 ,a communications and engagement plan with respect to the affected community1 including plans for a public meeting to be held in the affected community4 7,j7 ,changes in the hospital's governing body1 administration1 and medical staff leadership as the closure is implemented4 7,k7 ,a plan regarding the hospital's efforts to assist affected workers and students with-- 7i7 finding suitable employment and educational opportunities2 and 7ii7 continuation of insurance4 7,l7 ,plans to address the effects on bargaining for represented employees4 7,m7 ,an assurance that existing agreements between the hospital and its employees1 and agreements subject to collective bargaining with an organization that represents hospital employees1 will be honored4 7,n7 ,plans with respect to maintaining ongoing hospital security4 7,o7 ,plans for supervising compliance with1 and updates of1 the closure plan4 7d7 ,rule of construction ,nothing in this section shall be construed as creating obligations for the ,federal ,government to relieve1 discharge1 perform1 indemnify1 or assume liability for any obligation or responsibility of a hospital or any of its officers1 directors1 or affiliates4 7e7 ,violations 7#a7 ,determination of violation ,if the ,secretary determines that a hospital has violated or is violating any provision of this section1 the ,secretary may institute an action in a ,federal court of competent jurisdiction to compel compliance with this section4 7#b7 ,judicial remedies ,if a court finds1 pursuant to an action instituted pursuant to paragraph 7#a71 that a hospital has violated or is violating any provision of this section1 the court may-- 7,a7 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 section2 7,b7 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 plan2 and 7,c7 grant such other and further relief as the court may deem just1 proper1 and equitable under the circumstances4 4 7b7 ,applicability ,the amendment made by subsection 7a7 applies with respect to any closing that occurs after the date of enactment of this ,act4