SB 2863: Sweeping Changes to Health Care Law in Massachusetts

Governor Deval Patrick signed into law a sweeping package of health care legislation on August 10, 2008. The law, Senate Bill No. 2863, addresses:

• “Gift ban” and mandatory reporting requirements relating to payments to providers by pharmaceutical and medical device manufacturers


• The Health Care Quality and Cost Council, establishing standard performance measures, quality performance benchmarks, and health information technology adoption goals


• Requirements for licensure and determination of need for physician-owned ambulatory surgery centers


• New determination of need thresholds, including for outpatient hospital services


• The new Department of Public Health (DPH) Health Care Workforce Center and its programs to address the burgeoning primary care provider shortage


• New DPH requirements, including serious event reporting, establishment of family health councils and rapid response teams, and electronic hospital records storage


• The new e-Health Council and its programs for encouraging development of a state-wide health information exchange


• Insurance laws changes, including parity for nurse practitioners

There is something for everybody involved in the health care delivery system in the new law. It will require much regulatory activity by state agencies to implement the legislature’s goals.

Michael L. Blau, Alan H. Einhorn, Alpana M. Kumar, Lawrence B. Litwak, Lawrence W. Vernaglia, and Health Care Industry Team Chair J. Mark Waxman provided a briefing on the new legislation and answered questions about its likely impact on the health care industry.