Joint Committee on Consumer Protection and Professional Licensure
The Massachusetts Health and Hospital Association (MHA), on behalf of our member hospitals, health systems, physician organizations, and allied health care providers, appreciates the opportunity to submit comments in strong opposition to
HB2821, “An Act to Establish Standards for Medical Gas Piping Systems”.
HB2821 would authorize the Board of Examiners of Plumbers and Gasfitters to oversee and set standards for all work on medical gas and vacuum piping systems located after the source valve in medical facilities. Left unaddressed by this legislation is the fact that medical facilities in the Commonwealth are already required to comply with national and state regulations and standards related to the installation, inspection, testing, maintenance, performance, and safe practices for facilities, material, equipment, and appliances, including medical gas and vacuum systems. These standards are part of the NFPA healthcare facilities code (NFPA 99). The NFPA 99 establishes criteria for levels of health care services or systems based on risk to the patients, staff, or visitors in health care facilities to minimize the hazards of fire, explosion, and electricity. These standards have been adopted by the federal Centers for Medicare and Medicaid Services (CMS - 42 CFR 482.41), which mandates that hospitals and other health care facilities must meet the provisions of the NFPA 101 and 99. These standards are also adopted as part of the national accreditation standards issued by The Joint Commission (TJC - Environmental Care standards - EC 02.03.01 and 02.05.03). Both the CMS and TJC standards and regulations are mandated as part of the facility licensure requirements issued by the Massachusetts Department of Public Health (105 CMR 130.200 and 105 CMR 130.202). Currently, surveyors from CMS, DPH, and TJC inspect medical facilities to ensure compliance with each of these standards.
To date, MHA and our member hospitals have been offered no valid justification for this legislation. If enacted, it would simply result in yet another layer of redundant – and costly – oversight and regulatory review that would add no value to the safety and protection of patients or healthcare workforce. To the contrary, this legislation would require medical facilities to expend time and money for a redundant and unnecessary layer of review – thus diverting those sacred resources away from patient care.
If, for some reason, the committee wishes to advance this legislation, MHA believes the addition of the following language is essential:
A facility shall be deemed in compliance with any regulations promulgated subject to this section provided that the facility has adopted the most current version of the National Fire Protection Association healthcare facilities code utilized by a national accreditation agency or federal agency.
Thank you for the opportunity to offer comments on this important matter. If you have any questions or require further information, please contact MHA's Vice President of Government Advocacy, Michael Sroczynski, at (781) 262-6055 or
msroczynski@mhalink.org.