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An Act making appropriations for the Fiscal Year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for certain permanent improvements

H1

HD1

{'Id': 'GOV7', 'Name': 'Maura T. Healey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/GOV7', 'ResponseDate': '2023-03-01T15:21:54.853'}

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An Act relative to the recovery of overearnings

H10

HD10

{'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T14:55:05.15'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H10/DocumentHistoryActions

Bill

So much of the recommendations of the Public Employee Retirement Administration Commission (House, No. 8) as relates to the recovery of overearnings. Public Service.

Paragraph (c) of Section 91 of chapter 32 of the general laws, as appearing in the 2020 Official edition, is hereby amended in line 120 by adding: In the event that any excess is not recovered by the appropriate treasurer or other person responsible for the payment of the compensation, the retirement board of which the member is a retiree may recover an amount equal to the overearnings, but in no event shall such amount exceed the amount of the retirement allowance paid in the year in which the overearnings occurred.

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An Act relative to buffer zones on land under the APR Program

H100

HD992

{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:49:19.59'}

[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:49:19.59'}]

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Bill

By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 100) of Paul A. Schmid, III relative to buffer zones on land under the Agricultural Preservation Restriction Program. Agriculture.

SECTION 1. Chapter 20 Section 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following after section (f): - (g) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may allow for storm water mitigation or nitrogen mitigation purposes, in nitrogen sensitive embayment watersheds, uncultivated, planted or other storm water mitigation infrastructure within 200 feet of any resource area in any parcel that has been accepted into the Massachusetts Agricultural Preservation Restriction program.

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An Act providing living organ donor protections

H1000

HD941

{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T15:52:55.117'}

[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T15:52:55.1166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-06-27T11:11:48.16'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-27T11:12:22.57'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-06-28T16:23:58.76'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-07-10T11:10:48.9633333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-07-10T11:10:48.9633333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-07-10T11:10:48.9633333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-07-10T11:10:48.9633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-07-27T09:33:07.74'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-08-01T09:55:23.2733333'}]

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Bill

By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 1000) of William J. Driscoll, Jr., relative to protections and health insurance coverage for living organ donors. Financial Services.

SECTION 1. Chapter 26 of the General Laws is hereby amended by inserting after section 8L the following section:- Section 8M. The commissioner of insurance shall promulgate rules and regulations necessary to implement and enforce section 47OO of chapter 175, section 39 of chapter 176A, section 26 of chapter 176B and section 34 of chapter 176G. SECTION 2. Chapter 111 of the General Laws is hereby amended by adding the following section:- Section 243. If the department receives materials related to live organ donation from a live organ donation organization that the department determines to be reputable, the department shall make those materials available to the public. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 108N, as appearing in the 2018 Official Edition, the following section:- Section 108O. An insurer or producer authorized to issue policies against disability from injury or disease in the commonwealth shall not: (1) decline or limit coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of coverage, based solely and without any additional actuarial risks upon the status of a person as a living organ donor. A violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D. SECTION 4. Said chapter 175 is hereby further amended by inserting after section 120F, as so appearing, the following section:- Section 120G. Any policy, offer of policy or application for a policy of life insurance, group or individual annuity, pure endowment contract or certificate covering residents of the commonwealth shall not: (1) decline or limit coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of coverage, based solely and without any additional actuarial risks upon the status of a person as a living organ donor. A violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D. SECTION 5. Section 3 of chapter 176U of the General Laws, as so appearing, is hereby amended by adding the following subsection:- (m) A long-term care insurance policy or certificate shall not: (1) decline or limit coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of coverage, based solely and without any additional actuarial risks upon the status of a person as a living organ donor. A violation of this subsection shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D.

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An Act relative to step therapy and in vitro fertilization insurance coverage

H1001

HD952

{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T16:23:45.66'}

[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T16:23:45.66'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T12:15:38.8933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1001/DocumentHistoryActions

Bill

By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 1001) of William J. Driscoll, Jr., and Lindsay N. Sabadosa relative to step therapy and in vitro fertilization insurance coverage. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R, as appearing in the 2018 Official Edition, the following section:- Section 17S. Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide, while this provision is effective, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for medically necessary expenses of diagnosis and treatment of infertility to persons residing within the commonwealth. No coverage for medically necessary expenses of diagnosis and treatment of infertility provided pursuant to this section shall require a patient to take a medication or undergo a procedure prior to or instead of the medication or procedure recommended by the patient’s physician. For purposes of this section, ‘infertility’ shall mean the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the female is age 35 or younger or during a period of 6 months if the female is over the age of 35. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time she attempted to conceive prior to achieving that pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N, as so appearing, the following section:- Section 10O. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan shall provide, while this provision is effective, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for medically necessary expenses of diagnosis and treatment of infertility to persons residing within the commonwealth. No coverage for medically necessary expenses of diagnosis and treatment of infertility provided pursuant to this section shall require a patient to take a medication or undergo a procedure prior to or instead of the medication or procedure recommended by the patient’s physician. For purposes of this section, ‘infertility’ shall mean the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the female is age 35 or younger or during a period of 6 months if the female is over the age of 35. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time she attempted to conceive prior to achieving that pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable. SECTION 3. Section 47H of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- No blanket or general policy of insurance or policy of accident and sickness insurance, policy of accident and sickness insurance or employees’ health and welfare fund providing coverage for medically necessary expenses of diagnosis and treatment of infertility pursuant to this section shall require a patient to take a medication or undergo a procedure prior to or instead of the medication or procedure recommended by the patient’s physician. SECTION 4. Section 8K of chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- No contract providing coverage for medically necessary expenses of diagnosis and treatment of infertility pursuant to this section shall require a patient to take a medication or undergo a procedure prior to or instead of the medication or procedure recommended by the patient’s physician. SECTION 5. Section 4J of chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- No subscription certificate under an individual or group medical service agreement providing coverage for medically necessary expenses of diagnosis and treatment of infertility pursuant to this section shall require a patient to take a medication or undergo a procedure prior to or instead of the medication or procedure recommended by the patient’s physician.

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An Act relative to children's auditory health

H1002

HD2355

{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T15:32:46.07'}

[{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T15:32:46.07'}]

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Bill

By Representative Durant of Spencer, a petition (accompanied by bill, House, No. 1002) of Peter J. Durant relative to auditory healthcare coverage for children. Financial Services.

SECTION 1. Section 23 of chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence of the second paragraph, and inserting the words "The commission shall provide to any child or adult, who is 26 years of age or younger, of an active or retired employee of the commonwealth and who is insured under the group insurance commission coverage for the cost of 1 hearing aid per hearing-impaired ear up to $2,000 for each hearing aid, as defined in section 196 of chapter 112, every 36 months upon a written statement from the child's treating physician that the hearing aids are necessary regardless of etiology." SECTION 2. Section 4N of chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence of the second paragraph, and inserting the words "An individual or group health maintenance contract, except contracts providing supplemental coverage to Medicare or other governmental programs, shall provide coverage and benefits for children 21 years of age or younger, who are insured under such contracts, for expenses incurred for the cost of 1 hearing aid per hearing impaired ear up to $2,000 for each hearing aid, as defined under section 196 of chapter 112, every 36 months upon a written statement from the child's treating physician that the hearing aids are necessary regardless of etiology.”

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An Act further regulating the withdrawal of local subscribers from the commission.

H1003

HD2423

{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-19T12:42:27.503'}

[{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-19T12:42:27.5033333'}]

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Bill

By Representative Elliott of Lowell, a petition (accompanied by bill, House, No. 1003) of Rodney M. Elliott for legislation to further regulate the withdrawal of local subscribers from the Group Insurance Commission. Financial Services.

SECTION 1. Subsection (e) of section 19 of chapter 32B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 208 the words “December 1”, and inserting in place thereof, the words:- March 1. SECTION 2. Subsection (a) of section 23 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out in line 46 the words “December 1”, and inserting in place thereof, the words:- March 1.

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An Act relative to cognitive rehabilitation for individuals with an acquired brain injury

H1004

HD602

{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:10:07.053'}

[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:10:07.0533333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-25T11:56:24.35'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:53:18.5966667'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-01-26T16:52:56.56'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T16:52:33.3233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:52:03.93'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T16:51:46.68'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-26T16:51:27.2866667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:51:08.8'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-01T16:16:19.3833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:58:58.04'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T14:09:34.6333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:16:25.37'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:00:28.9033333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-07T17:22:42.2866667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:04:47.5833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:32:38.02'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:34:05.38'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:31:09.4033333'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:14:02.9466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T05:28:18.0566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:40:45.8666667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-08-11T10:12:16.3766667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T17:19:45.27'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:01:53.1166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T13:00:12.1533333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:02:52.25'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1004/DocumentHistoryActions

Bill

By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 1004) of Kimberly N. Ferguson and others relative to healthcare insurance coverage for cognitive rehabilitation for individuals with an acquired brain injury. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 17R the following section:- Section 17S. (a) For purposes of this section, the following terms shall have the following meanings:- “Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury. “Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit. “Cognitive rehabilitation therapy (CRT)” is a process of re-learning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury. “Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs. “Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings. “Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice. “Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior. “Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function. “Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram. “Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury. “Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay. “Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care- a home and community setting. Maximum opportunity to for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care. (b) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the commission. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the commission. (c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts. (d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice. SECTION 2. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47QQ, the following section:- Section 47RR. (a) For purposes of this section, the following terms shall have the following meanings:- “Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury. “Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit. “Cognitive rehabilitation therapy (CRT)” is a process of relearning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury. “Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs. “Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses relearning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings. “Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice. “Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior. “Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function. “Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram. “Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury. “Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay. “Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care - a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care. (b) The following shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury: (ii)any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer. (c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts. (d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice. SECTION 3. Chapter 176A of the General Law, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 8QQ the following section:- Section 8RR. (a) For purposes of this section, the following terms shall have the following meanings:- “Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury. “Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit. “Cognitive rehabilitation therapy (CRT)” is a process of re-learning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury. “Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs. “Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings. “Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice. “Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior. “Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function. “Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram. “Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury. “Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay. “Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care- a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care. (b) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer. (c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts. (d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice. SECTION 4. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4QQ the following section:- Section 4RR. (a) For purposes of this section, the following terms shall have the following meanings:- “Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury. “Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit. “Cognitive rehabilitation therapy (CRT)” is a process of relearning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury. “Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs. “Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe on daily living in the environment in which they will be used: home and community settings. “Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice. “Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior. “Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function. “Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram. “Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury; “Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay. “Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care, – a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care. (b) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer. (c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts. (d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice. SECTION 5. Chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4GG the following section:- Section 4II. (a) For purposes of this section, the following terms shall have the following meanings:- “Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury. “Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit. “Cognitive rehabilitation therapy (CRT)” is a process of relearning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury. “Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school or engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs. “Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings. “Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice. “Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior. “Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function. “Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram. “Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury. “Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay. “Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care– a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care. (b) Any individual or group health maintenance contract shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer. (c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts. (d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice.

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An Act relative to the licensure of automobile damage appraisers

H1005

HD3310

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T11:54:55.783'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T11:54:55.7833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1005/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1005) of Michael J. Finn relative to the licensure of motor vehicle damage appraisers. Financial Services.

SECTION 1: Chapter 26 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking section 8G in its entirety and inserting in place thereof the following section:- (a) Any person desiring to act within this state as a motor vehicle physical damage appraiser shall make a written application to the commissioner of insurance for a license and pay a fee of one hundred dollars. Applications for registration as licensed motor vehicle damage appraisers signed and sworn to by the applicants, shall be made upon forms furnished by the commissioner. Each applicant who shall furnish the commissioner with satisfactory proof that they are eighteen years of age or over and of good moral character, that they possess the educational qualifications required for graduation from high school or that they possess relevant work experience deemed satisfactory by the commissioner, shall, upon payment of one hundred dollars, be examined by a written test, and if found qualified by the commissioner, be registered as a licensed appraiser of motor vehicle physical damage and entitled to a numbered certificate in testimony thereof, signed by the commissioner. The commissioner may, at the commissioner's discretion, designate an independent testing service to prepare and administer such examination, provided any examination fees charged by such service shall be paid by the applicant. An applicant failing to pass an examination satisfactory to the commissioner shall be allowed to review the examination. Each licensed appraiser shall be issued a numbered license by the commissioner. All auto damage reports prepared shall include the license number. No licensed appraiser shall include the appraiser’s license number on any motor vehicle damage reports unless the license is in full force and unless the appraiser is the sole author of such motor vehicle damage reports. No appraiser shall complete an auto damage report unless duly licensed. Auto damage reports require an itemization of parts, labor and services necessary for repairs thereof, and shall be sworn to under the penalties of perjury and shall also include the appraiser's signature, license number, fee charged and date the motor vehicle was examined. No person licensed under this section shall refuse to prepare and deliver a motor vehicle damage report. On or about March first of the renewal year, the commissioner shall mail to each licensed appraiser an application for renewal. Such application shall be completed and returned to the commissioner on or before the following first day of June. Each such application shall be accompanied by a renewal fee of one hundred dollars. After verification of the facts stated on the renewal application the commissioner shall issue a certificate of bi-annual registration dated July first, and which shall expire on June thirtieth of the second year following. Any holder of a certificate of registration who fails to renew the application within sixty days after notification by the commissioner that the license has expired, shall before again engaging in the practice of a licensed appraiser within the commonwealth, be required to re-register, pay a fee of fifty dollars, and may be required by the commissioner to be reexamined. A new license to replace such license lost, destroyed or mutilated, shall be issued by the commissioner upon payment of a fee of twenty dollars, and such license shall be stamped or marked ''duplicate''. A roster showing the names and last known places of business of all licensed appraisers shall be prepared by the commissioner during the month of November of each year. Copies of such roster shall be placed on file with the state secretary and furnished to the public on request. The appraiser shall provide a legible copy of the appraisal with the repair shop selected to make the repairs, which appraisal shall contain the name of the insurance company ordering it, if any, the insurance file or claim number, the number of the appraiser's license and the proper identification number of the vehicle. All unrelated or old damage should be clearly indicated on the appraisal. If the appraiser for the insurer and the repair shop fail to agree on a price for repairs, the insurer shall furnish to the insured or claimant a written statement containing the following disclosure: “Under Massachusetts law, you are always entitled to use the repair shop or facility of your choice. Unfortunately, we have been unable to agree on price with the facility you have chosen. In this situation, our payment for repair cost may be limited to the price available from a recognized and conveniently located repair shop or facility registered by the Division of Standards, that is willing and able to repair the damaged motor vehicle within a reasonable time. You may be responsible for the difference between our payment and the price charged to you by the facility you have chosen. Upon your request, we will furnish the name of a repair shop reasonably convenient to you that is able to repair your vehicle for the price in your appraisal.” No appraiser or insurer shall request or suggest that repairs be made in a specified repair shop, unless requested by the insured or claimant. Every appraiser shall reinspect damaged motor vehicles when supplementary allowances are requested by repair shops within five days of a request. When the repair shop and insurance company or employee agree, supplementary allowances requests may be conducted virtually or through the use of photographs, videos, telephone calls, or other electronic measures agreed upon by both parties. No insurance company or employee, agent or insurance agency or representative thereof shall coerce or use any tactics the purpose of which is to prevent insureds or claimants from seeking damage reports on repairs from their own repair shop rather than utilizing a company appraisal facility. No person licensed under this section shall have any interest in any damage report prejudicial to or in conflict with the professional interest therein. The commissioner, after due notice and hearing, shall revoke any license issued by it and cancel the registration of any person who pleads guilty to or is convicted of a fraudulent automobile damage report as a result of a court judgment and said license shall not be reinstated or renewed nor shall said person be relicensed or employed by a license holder. The commissioner, after due notice and hearing, shall cancel for a period not exceeding one year, any license issued by it to, and cancel the registration of, any person who has been shown at such hearing to have been guilty of fraud, deceit, gross negligence, or willful misconduct or conflict of interest in the preparation or completion of any motor vehicle damage report. Any such person shall, before again engaging in the practice of licensed appraiser within the commonwealth, be required to re-register and pay a fee of fifty dollars and be re-examined by the board. Whenever a licensed appraiser, whether employed by a registered motor vehicle repair shop, employed by a licensed insurer or acting as an independent appraiser, determines that a motor vehicle is damaged such that (a) it may no longer meet the safety standards established by the registrar of motor vehicles under section seven A of chapter ninety; or (b), it may no longer comply with the motor vehicle emission standards established by the commissioner of the department of environmental protection under section 142M of chapter one hundred and eleven, then the appraiser shall provide notice, in a format and containing such information as shall be prescribed by the registrar of motor vehicles, to the owner of the motor vehicle that the vehicle no longer meets such safety or emissions standards. The notice shall direct the owner of the motor vehicle to have the vehicle repaired so that it may pass the safety and emissions standards and to obtain a new certificate of inspection. The registrar of motor vehicles shall periodically, but not less frequently than annually issue specific guidelines on the safety or emissions items that require the prescribed notice to and shall publish such guidelines in the Massachusetts Register. The registrar of motor vehicles shall establish rules and regulations promulgated pursuant to chapter 30A for the implementation and enforcement of this paragraph. The commissioner may issue temporary auto damage appraiser licenses to individuals that hold an equivalent license in another state or have worked as an auto damage appraiser in a state that does not require an equivalent license for a period of 90 days after submission of an application and fee of fifty dollars.

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An Act relative to the compulsory automobile insurance limits

H1006

HD3359

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:10:36.747'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:10:36.7466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-02T14:31:44.4533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-03T09:23:20.7433333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:55:51.8066667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-27T09:39:27.2633333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-03T10:46:01.92'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-06T09:49:22.81'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T13:16:59.5666667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-03-22T11:11:40.2566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-05T09:54:39.5766667'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-04-11T11:31:56.3366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1006/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1006) of Michael J. Finn and others relative to the compulsory motor vehicle insurance limits. Financial Services.

SECTION 1. Section 34A of Chapter 90 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out in line 102 the word “twenty” and inserting in place thereof the word “fifty” and by striking out in line 104 the word “forty” and inserting in place thereof the word “one hundred”. SECTION 2. Section 34O of Chapter 90 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out in line 17 the word “five” and inserting in place thereof the word “thirty”.

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An Act relative to insurance coverage of mobile integrated health

H1007

HD3464

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:55:05.14'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:55:05.14'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T14:40:22'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T09:36:35.4433333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-29T11:46:28.7533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1007/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1007) of Michael J. Finn, Lindsay N. Sabadosa and Brian W. Murray relative to insurance coverage of mobile integrated health. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following new section:- Section 17S. The group insurance commission and any carrier as defined in section 1 of chapter 176O or other entity which contracts with the commission to provide health benefits to eligible employees and retirees and their eligible dependents shall not decline to provide coverage for medical, behavioral or health care services solely on the basis that those services were delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility. SECTION 2. Chapter 111O of the General Laws is hereby amended in section 2 by adding the following subsection:- (c) MIH programs that are focused on behavioral health services shall not be subject to application and registration fees. SECTION 3. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following new section:- Section 10O. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, or an accountable care organization shall not decline to provide coverage for medical, behavioral or health care services solely on the basis that those services were delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility. SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 47PP the following new section:- Section 47QQ. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, shall not decline to provide coverage for medical, behavioral or health care services solely on the basis that those services were delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility. SECTION 5. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8QQ the following new section:- Section 8RR. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall not decline to provide coverage for medical, behavioral or health care services delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility. SECTION 6. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4QQ the following new section:- Section 4RR. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall not decline to provide coverage for medical, behavioral or health care services delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility. SECTION 7. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4GG the following new section:- Section 4HH. Any individual or group health maintenance contract that is issued or renewed shall not decline to provide coverage for medical, behavioral or health care services delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral, or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility. SECTION 8. Chapter 176I of the General Laws, as so appearing, is hereby amended by inserting after section 13 the following new section:- Section 14. An organization entering into a preferred provider contract shall not decline to provide coverage for medical, behavioral or health care services delivered by a health care provider, as defined in section 1 of chapter 111O, participating in a mobile integrated health care program approved by the department of public health pursuant to chapter 111O. Medical, behavioral, or health care services delivered by way of an approved mobile integrated health care program shall be covered to the same extent as if they were provided in a health care facility, as defined in section 1 of chapter 111O, and the rates of payments for otherwise covered services shall not be reduced on the grounds that those services were delivered by a health care provider participating in an approved mobile integrated health care program. A contract that provides coverage for care delivered may contain a provision for a deductible, copayment or coinsurance requirement for a service provided by a health care provider participating in an approved mobile integrated health care program as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to delivery of the same services within a health care facility.

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An Act requiring licensed auto insurance damage appraisers to provide safety notices to the owners of damaged motor vehicles

H1008

HD3711

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T14:15:39.677'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T14:15:39.6766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1008/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1008) of Michael J. Finn relative to requiring licensed auto insurance damage appraisers to provide safety notices to the owners of damaged motor vehicles. Financial Services.

SECTION 1. Section 8G of chapter 26 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: - "Whenever a licensed appraiser, whether employed by a registered motor vehicle repair shop, employed by a licensed insurer or acting as an independent appraiser, determines that a motor vehicle is damaged such that (a) it may no longer meet the safety standards established by the registrar of motor vehicles under section seven A of chapter ninety; or (b), it may no longer comply with the motor vehicle emission standards established by the commissioner of the department of environmental protection under section 142M of chapter one hundred and eleven, then the appraiser shall provide notice, in a format and containing such information as shall be prescribed by the registrar of motor vehicles, to the owner of the motor vehicle that the vehicle no longer meets such safety or emissions standards. The notice shall direct the owner of the motor vehicle to have the vehicle repaired so that it may pass the safety and emissions standards and to obtain a new certificate of inspection. The registrar of motor vehicles shall periodically, but not less frequently than annually issue specific guidelines on the safety or emissions items that require the prescribed notice to and shall publish such guidelines in the Massachusetts Register. The registrar of motor vehicles shall establish rules and regulations promulgated pursuant to chapter 30A for the implementation and enforcement of this paragraph. SECTION 2. This act shall take effect on passage."

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An Act relative to uncollected co-pays, co-insurance and deductibles

H1009

HD3135

{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-17T10:37:41.68'}

[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-17T10:37:41.68'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:44:05.2733333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:38:33.94'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1009/DocumentHistoryActions

Bill

By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 1009) of Carole A. Fiola, Michael J. Soter and Paul A. Schmid, III for legislation to require certain healthcare carriers to share accountability with providers for uncollectible patient obligations after insurance. Financial Services.

SECTION 1. Chapter 176O of the General Laws, as appearing in the 2018 official edition, is hereby amended by adding the following new section: Section 7A. Equitable Funding for Health Care Provider Bad Debt (a) Notwithstanding any other provision of the general laws to the contrary, a carrier shall reimburse a health care provider no less than sixty-five percent (65%) of each co-payment, co-insurance and/or deductible amount due under an insured’s health benefit plan which are unpaid after reasonable collection efforts have been made by the health care provider pursuant to subsection (c) of this section. (b) As used in this section, the following words shall have the following meanings: a “co-payment” is defined as a fixed dollar amount that is owed by an insured as required under a health benefit plan for health care services provided and billed by a healthcare provider. A “co-insurance” is defined as a percentage of the allowed amount, after a co-payment, if any, that an insured must pay for covered services received under a health benefit plan for health care services provided and billed by a healthcare provider. A “deductible” is defined as a specific dollar amount that an insured must pay for covered services before the carrier’s health benefit plan becomes obligated to pay for covered health care services provided and billed by a healthcare provider; such deductible does not include any portion of premiums paid by an insured. (c) Reimbursement for uncollected co-payment, co-insurance and/or deductible amounts due (each a “claim”) under an insured’s health benefit plan for covered services rendered shall be deemed an uncollectible bad debt, and a health care provider may submit a request for reimbursement to the carrier under the following conditions: (1) The claim must be derived from the wholly or partially uncollected co-payment, co-insurance and/or deductible amounts under an insured’s health benefit plan; (2) The reimbursement requested by the health care provider should be for a claim where the co-payment, co-insurance, or deductible amount was at least two hundred and fifty dollars ($250), and each claim reflected a unique covered service under the health benefit plan per insured; (3) The health care provider must have made reasonable collection efforts for each claim filed for reimbursement under this section, such efforts including documentation that the claim has remained partially or fully unpaid and is not subject to an on-going payment plan for more than one hundred twenty (120) days from the date the first bill was mailed, which may include such efforts as telephone calls, collection letters, or any other notification method that constitutes a genuine and continuous effort to contact the member, said documentation shall include the date and method of contact; (4) On or before May 1 of each year, the health care provider shall submit an aggregate request for reimbursement representing all claims that meet the criteria under this section in the prior calendar year. The request for reimbursement shall include documentation of the attempt to collect on the claim(s), the name and identification number of the insured, the date of service, the unpaid co-payment, co-insurance, or deductible, the amount that was collected, if any, and the date and general method of contact with the insured. For the purposes of this section, an insured co-payment, co-insurance, and/or deductible amount due shall be determined based on the date that the service is rendered; provided further that a carrier shall not prohibit reimbursement if the insured is no longer covered by the plan on the date that the request is made. (5) Nothing in this section shall prevent the carrier from conducting an audit of the request for reimbursement of unpaid co-payment, co-insurance, and/or deductible amounts to verify that the insured was eligible for coverage at the time of service, that the service was a covered health benefit under the applicable health benefit plan, and to verify from the provider’s internal log that reasonable efforts were made to contact the insured following the criteria outlined in this section. The carrier must complete any such audit of the submitted report from the health care provider and notify the health care provider of any disputes as to the request for reimbursement within one hundred and twenty (120) days of receipt of the request for reimbursement from the health care provider. The carrier shall pay the health care provider sixty-five percent (65%) of the undisputed amounts as submitted by the health care provider in the request for reimbursement in accordance with this section within 120 days of receipt of such requests from the health care provider. Any dispute regarding contested claims shall be subject to a dispute resolution process applicable to the arrangement between the carrier and the health care provider; and (6)Any amounts attributable to co-payment, co-insurance, or deductible amount collected by a health care provider after reimbursement has been made by the carrier pursuant to this section shall be recorded by the health care provider and reported as an offset to future submissions to such carrier. (d)No carrier shall prohibit a health care provider from collecting the amount of the insured’s co-payment, co-insurance, and/or deductible, if any, at the time of service. SECTION 2. The division shall promulgate regulations within ninety (90) days of the effective date of this act that are consistent with the rules developed by the Centers for Medicare & Medicaid Services for reasonable collection efforts required by a health care provider prior to submission of a request of reimbursement to a carrier. Notwithstanding the foregoing, in the event that the division fails to promulgate such regulations, the provisions of section 1 shall be self-implementing, and carriers shall make applicable payments to health care providers in accordance with the provisions of section 1 utilizing the same process adopted by the Centers for Medicare & Medicaid Services' reasonable collection efforts for bad debt, as documented in the most recent Medicare Provider Reimbursement Manual, CMS Pub. 15-1 and 15-2 (HIM-15) in effect within 90 days of the effective date of this Act. The division shall further require each carrier to provide the division an annual report showing the total number and amount of uncollected co-payments, co-insurances, and deductibles that are reimbursed as well as those that are denied. The report shall be made publicly available on the division’s website.

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An Act protecting our soil and farms from PFAS contamination

H101

HD1171

{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:53:40.773'}

[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:53:40.7733333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-01T12:45:38.6033333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-01T12:45:19.03'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-01T12:45:04.8233333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-01T12:44:34.9166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-01T12:38:41.4533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T12:38:23'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-01T12:37:55.25'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T12:37:28.4666667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-01T12:37:10.7733333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-01T14:24:28.2533333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T10:37:47.1966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T10:36:12.69'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T10:44:29.9966667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-27T11:15:57.4466667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-01T16:17:47.5766667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-15T13:18:37.2566667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-03-28T11:56:26.77'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-31T11:04:29.0933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-31T11:04:06.0166667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-04-12T15:56:26.92'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-04-12T15:56:03.4066667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-04-12T15:55:48.57'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-04-25T19:47:34.4033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-20T08:04:06.6166667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-20T08:04:00.5033333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-20T08:03:54.0366667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-20T08:03:46.05'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H101/DocumentHistoryActions

Bill

By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 101) of Paul A. Schmid, III and others for legislation to establish the agricultural PFAS relief fund to assist farmers who have suffered losses due to the presence of PFAS in soil, water, or agricultural products. Agriculture.

SECTION 1. Chapter 20 of the General Laws is hereby amended by inserting after section 32 the following section:- Section 33. An individual or entity engaged in the practice of farming, as defined in section 1A of chapter 128, shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by PFAS present in soil, water, or agricultural products as a result of standard agricultural practices. For the purposes of this section, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:- 2RRRRR. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural PFAS Relief Fund, which shall be used exclusively to assist farmers in the commonwealth who have suffered losses or incurred costs resulting from standard agricultural practices that may have resulted in the actual or suspected presence of PFAS in soil, water, or agricultural products. For the purposes of this section, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. The Agricultural PFAS Relief Fund may receive money from: any appropriations authorized by the general court specifically designated to be credited to the fund; gifts, grants and donations from public or private sources; federal reimbursements and grants-in-aid; and any interest earned from the fund. The commissioner of agricultural resources shall promulgate rules and regulations to direct the expenditure of money from this fund for purposes including, but not limited to: testing of soil, water, or agricultural products for PFAS; costs incurred from adapting management and business practices as a result of the disallowance of use of products containing PFAS or the disruption of business caused by the presence of PFAS; development and implementation of educational resources for farmers to adapt to management changes resulting from the presence of PFAS; physical and mental health needs of farm owners and personnel resulting from exposure to PFAS; remediation practices and needed infrastructure for the elimination of PFAS; development of PFAS testing capacity at The University of Massachusetts Amherst Center for Agriculture, Food and the Environment. Regulations shall follow the department of agricultural resource’s environmental justice policy. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all funds under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The department of agricultural resources may expend money in the fund without further appropriation and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29. SECTION 3. Section 12 of chapter 61A of the General Laws is hereby amended by inserting after the second paragraph the following paragraph:- No conveyance tax under this section shall be assessed on land that is removed from agricultural or horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in soil, water, or agricultural products derived from such land. For the purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the commissioner of revenue and the commissioner of environmental protection, may promulgate regulations to enforce this paragraph. SECTION 4. Section 13 of chapter 61A of the General Laws is hereby amended by adding the following subsection:- (e) No roll-back tax imposed by this section shall be assessed on land that no longer meets the definition of land actively devoted to agricultural, horticultural or agricultural and horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in soil, water, or agricultural products derived from such land. For the purposes of this subsection, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the commissioner of revenue and the commissioner of environmental protection, may promulgate regulations to enforce this subsection. SECTION 5. Chapter 111 of the General Laws is hereby amended by inserting after section 171 the following section:- Section 171A. (a) For the purposes of this section, the following words shall have the following meanings: “Biosolids”, treated sewage sludge used for land application and surface disposal; provided, that the department of environmental protection may further define biosolids and sludge for the purposes of this section. “PFAS”, a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. (b) All biosolids being transported from point of origin for land application including, but not limited to, transfer to composting and fertilizer production facilities, shall be tested by the department of environmental protection for presence of PFAS. The testing results and records of the location where 10 tons or more of the biosolids were applied, including street address and parcel number, shall be kept and maintained by the transporter, offered to the land or facility owner, and submitted to the department of environmental protection. SECTION 6. Chapter 128 of the General Laws is hereby amended by inserting after section 66 the following section:- Section 66A. The commissioner shall not issue a license pursuant to Section 66 for the retail sale of any fertilizer, compost, mulch, top soil replacement, or other soil amendments that have not been tested for the presence of perfluoroalkyl and polyfluoroalkyl substances. The department shall set maximum levels for the amount of perfluoroalkyl and polyfluoroalkyl substances that may be in any fertilizer, compost, mulch, top soil amendment or other soil amendment sold in the retail market. All fertilizer, compost, mulch, top soil replacement or other soil amendment for retail sale that contains any detectable perfluoroalkyl substance or polyfluoroalkyl substance must contain a warning label that states, “Warning: This product is made from sewage sludge (treated human or industrial waste). This product has been tested and found to contain perfluoroalkyl and polyfluoroalkyl substances (PFAS), which may be absorbed in plants and can cause harmful health effects at very low levels.”

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An Act relative to ambulance service reimbursement

H1010

HD3148

{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:18:54.523'}

[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:18:54.5233333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:43:28.9233333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-06T16:32:36.0266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:10:11.6366667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-24T10:06:07.5533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-24T14:09:45.0033333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:21:16.9333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:23:11.4033333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-25T08:46:51.1266667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:43:42.2433333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:47:42.6633333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:40:52.4566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1010/DocumentHistoryActions

Bill

By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 1010) of Carole A. Fiola and others relative to payment for ambulance services provided to certain insured individuals. Financial Services.

SECTION XX. Chapter 176D of the General Laws is hereby amended by inserting after section 3B the following section:- Section 3C. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Ambulance service provider”, a person or entity licensed by the department of public health under section 6 of chapter 111C to establish or maintain an ambulance service except non-profit corporations licensed to operate critical care ambulance services that perform both ground and air transports. “Emergency ambulance services”, emergency services that an ambulance service provider is authorized to render under its ambulance service license when a condition or situation in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by the individual, a bystander or an emergency medical services provider. “Insurance policy” and “insurance contract”, any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides coverage for expenses incurred by an insured for services rendered by an ambulance service provider. “Insured”, an individual entitled to ambulance services benefits under an insurance policy or insurance contract. “Insurer”, a person as defined in section 1 of chapter 176D; any health maintenance organization as defined in section 1 of chapter 176G; a non-profit hospital service corporation organized under chapter 176A; any organization as defined in section 1 of chapter 176I that participates in a preferred provider arrangement also as defined in said section 1 of said chapter 176I; any carrier offering a small group health insurance plan under chapter 176J; any company as defined in section 1 chapter 175; any employee benefit trust; any self-insurance plan, and any company certified under section 34A of chapter 90 and authorized to issue a policy of motor vehicle liability insurance under section 113A of chapter 175 that provides insurance for the expense of medical coverage. “Municipally Established Ambulance Rates”, rates for emergency ambulance service established annually by a municipality for the current procedure codes and definitions for ambulance service published by the Centers for Medicare and Medicaid Services under Title XVIII of the Social Security Act. (b) Notwithstanding any general or special provision of law to the contrary, in any instance in which an ambulance service provider provides an emergency ambulance service to an insured but is not an ambulance service provider under contract to the insurer maintaining or providing the insured’s insurance policy or insurance contract, the insurer maintaining or providing such insurance policy or insurance contract shall pay the ambulance service provider directly and promptly for the emergency ambulance service rendered to the insured. Such payment shall be made to the ambulance service provider notwithstanding that the insured’s insurance policy or insurance contract contains a prohibition against the insured assigning benefits thereunder so long as the insured executes an assignment of benefits to the ambulance service provider and such payment shall be made to the ambulance service provider in the event an insured is either incapable or unable as a practical matter to execute an assignment of benefits under an insurance policy or insurance contract pursuant to which an assignment of benefits is not prohibited, or in connection with an insurance policy or insurance contract that contains a prohibition against any such assignment of benefits. An ambulance service provider shall not be considered to have been paid for an emergency ambulance service rendered to an insured if the insurer makes payment for the emergency ambulance service to the insured. An ambulance service provider shall have a right of action against an insurer that fails to make a payment to it under this subsection. (c) Payment to an ambulance service provider under subsection (b) shall be at a rate equal to the rate established by the municipality from which the patient was transported. (d) Municipalities shall report their municipally established ambulance rates to CHIA that are in effect as of June 30, 2019; and to CHIA annually on or before June 30 to be included in the CHIA Transparency Initiative. (e) Municipalities shall not increase their municipally established ambulance rates by a percentage that exceeds the current Health Care Cost Growth Benchmark set by the Health Policy Commission unless approved by the secretary of health and human services. (f) An ambulance service provider receiving payment for an ambulance service in accordance with subsections (b) and (c) shall be deemed to have been paid in full for the ambulance service provided to the insured, and shall have no further right or recourse to further bill the insured for said ambulance service with the exception of coinsurance, co-payments or deductibles for which the insured is responsible under the insured’s insurance policy or insurance contract. (g) No term or provision of this section 3C shall be construed as limiting or adversely affecting an insured’s right to receive benefits under any insurance policy or insurance contract providing insurance coverage for ambulance services. No term or provision of this section 3C shall create an entitlement on behalf of an insured to coverage for ambulance services if the insured’s insurance policy or insurance contract provides no coverage for ambulance services”. (h) A municipality may appeal to the secretary for a municipally established ambulance rate increase that is in excess of the current Health Care Cost Benchmark. There shall be an ambulance service advisory council to advise the secretary on such requests. The council shall be appointed by the secretary and consist of the following members or a designee: (i) the secretary of public safety and security; (ii) the commissioner of the group insurance commission; (iii) a representative of the Fire Chiefs Association of Massachusetts; (iv) the president of the Massachusetts Municipal Association; (v) the president of the Massachusetts Association of Health Plans, Inc.; (vi) the president of Blue Cross and Blue Shield of Massachusetts (vii) the president of the Professional Fire Fighters of Massachusetts; (viii) a representative of the Massachusetts Ambulance Association, Incorporated; and (ix) the president of a commercial insurer. The council shall make recommendations for rate increases in excess of the current Health Care Cost Benchmark that consider (A) cost differences associated with differences in geography that impact services; (B) differences in distances travelled for services; (C) the actual cost of providing services and readiness; (D) quality of care; (E) any new costs for compliance with new state or federal statutory or regulatory compliance.

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An Act relative to fair and equitable compensation for medical services

H1011

HD145

{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:25:45.8'}

[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:25:45.8'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T09:47:09.8466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T17:02:00.0433333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-04-05T09:07:26.4033333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-21T16:15:21.21'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1011/DocumentHistoryActions

Bill

By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1011) of William C. Galvin, Carol A. Doherty and James B. Eldridge relative to fair and equitable compensation for medical services. Financial Services.

Section 16 of chapter 176O of the General Laws is hereby amended by striking out subsection (c) and inserting in place thereof the following subsections: (c) Carriers are prohibited from reducing the payment of a negotiated rate for evaluation and management or procedural services under a participating provider agreement that are furnished by a participating provider and that are otherwise covered services solely because the provider also billed other health care services, including but not limited to minor surgery, on the same day as the evaluation and management or procedural services. Any provision of a provider agreement that allows for a reduction in reimbursement as prohibited by this subsection shall be void. (d) With respect to an insured enrolled in a health benefit plan under which the carrier or utilization review organization only provides administrative services, the obligations of a carrier or utilization review organization created by this section and related to payment shall be limited to recommending to the third party payor that coverage should be authorized.

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An Act exempting visiting trainees from certain employment requirements

H1012

HD149

{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:32:17.27'}

[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:32:17.27'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T09:47:24.6433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1012/DocumentHistoryActions

Bill

By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1012) of William C. Galvin and Carol A. Doherty relative to unemployment insurance and family medical leave benefits for certain visiting trainees. Financial Services.

SECTION 1. Section 6 of chapter 151A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following subsection:- (y) service performed by a nonresident alien for the period the nonresident alien is temporarily present in the United States as a nonimmigrant under subparagraph (F ), (J ), (M ) or (Q ) of section 101(a)(15) of the Immigration and Nationality Act, codified as 8 U.S.C. section 1101, and which is performed to carry out the purpose specified in said subparagraph (F), (J), (M) or (Q), as the case may be . SECTION 2. The definition of “Covered individual” in section 1 of chapter 175M of the General Laws, as so appearing, is hereby amended by adding the following sentence:- A nonresident alien shall not be a “covered individual” for the period the nonresident alien is temporarily present in the United States as a nonimmigrant under subparagraph (F), (J), (M) or (Q) of section 101(a)(15) of the Immigration and Nationality Act, codified as 8 U.S.C. section 1101, for service performed to carry out the purpose specified in said subparagraph (F), (J), (M) or (Q), as the case may be.

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An Act regarding cervical cancer and women's preventative health

H1013

HD159

{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:43:19.217'}

[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:43:19.2166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1013/DocumentHistoryActions

Bill

By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1013) of William C. Galvin relative to insurance coverage for cervical cancer and women’s preventative health screenings. Financial Services.

SECTION 1. Chapter 175, as so appearing in the General Laws, is hereby amended by inserting after 47BB the second time it appears, the following section:- Section 47DD. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the Commonwealth shall provide coverage for cytological screenings and HPV screenings with no cost sharing to the member. SECTION 2. Chapter 176A, as so appearing in the General Laws, is hereby amended by inserting after 8EE the following section:- Section 8FF. Any contract between a subscriber and a corporation under an individual or group hospital service plan which is delivered, issued or renewed within the Commonwealth shall provide coverage for cytological screenings and HPV screenings with no cost sharing to the member. SECTION 3. Chapter 176B, as so appearing in the General Laws, is hereby amended by inserting after section 4EE the second time it appears the following section:- Section 4FF. Any subscription certificate under an individual or group service agreement delivered, issued or renewed within the Commonwealth shall provide coverage for cytological screenings and HPV screenings with no cost sharing to the member. SECTION 4. Chapter 176G, as so appearing in the General Laws, is hereby amended by inserting after section 4W the following section:- Section 4X. Any individual or group health maintenance contract shall provide coverage for the cost of annual cytological screenings and HPV screenings with no cost sharing to the member.

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An Act to improve child and adolescent mental health services

H1014

HD2566

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:17:57.023'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:17:57.0233333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-19T14:40:53.13'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T15:59:26.2833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T12:03:35.1033333'}]

{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-19T14:38:45.707'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1014/DocumentHistoryActions

Bill

By Representatives Garballey of Arlington and Armini of Marblehead, a petition (accompanied by bill, House, No. 1014) of Sean Garballey, Jennifer Balinsky Armini and Lindsay N. Sabadosa relative to the definition of licensed mental health professional in the insurance laws. Financial Services.

SECTION 1. Section 22 of Chapter 32A of the General Laws is hereby amended by striking out the last paragraph, inserted by section 1 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:— For the purposes of this section, “licensed mental health professional” shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, or a licensed educational psychologist within the lawful scope of practice for such educational psychologist. SECTION 2. Section 47B of Chapter 175 of the General Laws is hereby amended by striking out the next to the last paragraph, inserted by section 2 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:— For the purposes of this section, “licensed mental health professional” shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, or a licensed educational psychologist within the lawful scope of practice for such educational psychologist. SECTION 3. Section A of Chapter 176A of the General Laws is hereby amended by striking out the next to the last paragraph, inserted by section 4 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:— For the purposes of this section, “licensed mental health professional” shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, or a licensed educational psychologist within the lawful scope of practice for such educational psychologist. SECTION 4. Section 4A of Chapter 176B of the General Laws is hereby amended by striking out the next to the last paragraph, inserted by section 6 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:— For the purposes of this section, “licensed mental health professional” shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, or a licensed educational psychologist within the lawful scope of practice for such educational psychologist. SECTION 5. Section 4M of Chapter 176G of the General Laws is hereby amended by striking out the next to the last paragraph, inserted by section 10 of chapter 80 to the acts of 2000, and inserting in place thereof the following paragraph:— For the purposes of this section, “licensed mental health professional” shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, or a licensed educational psychologist within the lawful scope of practice for such educational psychologist. SECTION 6. This act shall apply to all policies, contracts, agreements, plans and certificates of insurance issued or delivered within or without the commonwealth on or after March 1, 2006, and to all policies, contracts, agreements, plans and certificates of insurance in effect before that date upon renewal or after March 1, 2006.

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An Act providing for certain health insurance coverage

H1015

HD2573

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:19:36.013'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:19:36.0133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1015/DocumentHistoryActions

Bill

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1015) of Sean Garballey relative to providing certain health insurance coverage. Financial Services.

SECTION 1. Section 17A of chapter 32A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the cost of enteral formulas for home use, whether administered orally or via tube feeding, for which a physician has issued a written order. Such written order shall state that the enteral formula is clearly medically necessary and has been proven effective as a disease-specific treatment regimen for those individuals who are or will become malnourished or suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or death. Specific diseases for which enteral formulas have been proven effective shall include, but are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which if left untreated will cause malnourishment, chronic physical or intellectual disability or death. Enteral formulas which are medically necessary and taken under written order from a physician for the treatment of specific diseases shall be distinguished from nutritional supplements taken electively. SECTION 2. Section 47I of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- Any individual policy of accident and sickness insurance issued pursuant to section 108, and any group blanket policy of accident and sickness insurance issued pursuant to section 110, shall provide coverage for the cost of enteral formulas for home use, whether administered orally or via tube feeding, for which a physician has issued a written order. Such written order shall state that the enteral formula is clearly medically necessary and has been proven effective as a disease-specific treatment regimen for those individuals who are or will become malnourished or suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or death. Specific diseases for which enteral formulas have been proven effective shall include, but are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which if left untreated will cause malnourishment, chronic physical or intellectual disability or death. Enteral formulas which are medically necessary and taken under written order from a physician for the treatment of specific diseases shall be distinguished from nutritional supplements taken electively. SECTION 3. Section 8L of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- Any contract between a subscriber and the corporation under an individual or group hospital service plan that shall be delivered, issued or renewed in the commonwealth shall provide, as benefits to all individual subscribers and members within the commonwealth, coverage for the cost of enteral formulas for home use, whether administered orally or via tube feeding, for which a physician has issued a written order. Such written order shall state that the enteral formula is clearly medically necessary and has been proven effective as a disease-specific treatment regimen for those individuals who are or will become malnourished or suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or death. Specific diseases for which enteral formulas have been proven effective shall include, but are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which if left untreated will cause malnourishment, chronic physical or intellectual disability or death. Enteral formulas which are medically necessary and taken under written order from a physician for the treatment of specific diseases shall be distinguished from nutritional supplements taken electively. SECTION 4. Section 4K of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- Any subscription certificate under an individual or group medical service agreement that shall be delivered, issued or renewed in the commonwealth shall provide, as benefits to all individual subscribers and members within the commonwealth, all group members having a principal place of employment within the commonwealth and all persons included in section 4C, coverage for the cost of enteral formulas for home use, whether administered orally or via tube feeding, for which a physician has issued a written order. Such written order shall state that the enteral formula is clearly medically necessary and has been proven effective as a disease-specific treatment regimen for those individuals who are or will become malnourished or suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or death. Specific diseases for which enteral formulas have been proven effective shall include, but are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which if left untreated will cause malnourishment, chronic physical or intellectual disability or death. Enteral formulas which are medically necessary and taken under written order from a physician for the treatment of specific diseases shall be distinguished from nutritional supplements taken electively. SECTION 5. Section 4D of chapter 176G of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- A group health maintenance contract shall provide coverage for the cost of enteral formulas for home use, whether administered orally or via tube feeding, for which a physician has issued a written order. Such written order shall state that the enteral formula is clearly medically necessary and has been proven effective as a disease-specific treatment regimen for those individuals who are or will become malnourished or suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or death. Specific diseases for which enteral formulas have been proven effective shall include, but are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which if left untreated will cause malnourishment, chronic physical or intellectual disability or death. Enteral formulas which are medically necessary and taken under written order from a physician for the treatment of specific diseases shall be distinguished from nutritional supplements taken electively.

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An Act to enact pharmacy benefit manager duties

H1016

HD2602

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:01:51.017'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:01:51.0166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1016/DocumentHistoryActions

Bill

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1016) of Sean Garballey relative to pharmacy benefit managers and the processing and payment of claims for prescription drugs. Financial Services.

SECTION 1: The General Laws are hereby amended by inserting after Chapter 175M following new chapter: CHAPTER 175N. Pharmacy Benefit Manager Duty of Care. Section 1. Definitions As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Carrier”, any health insurance issuer that is subject to state law regulating insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state or local governmental employer plan. “Commissioner”, the commissioner of insurance. “Division”, the division of insurance. “Enrollee”, any individual entitled to coverage of health care services from a carrier. “Health benefit plan”, a policy, contract, certificate, or agreement entered into, offered or issued by a carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. “Person”, a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government or governmental subdivision or agency. “Pharmacy benefit management fee”, a fee that covers the cost of providing one or more pharmacy benefit management services and that does not exceed the value of the service or services actually performed by the pharmacy benefit manager. “Pharmacy benefit management service”: (i) Negotiating the price of prescription drugs, including negotiating and contracting for direct or indirect rebates, discounts, or other price concessions. (ii) Managing any aspect(s) of a prescription drug benefit, including but not limited to, the processing and payment of claims for prescription drugs, the performance of utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, managing data relating to the prescription drug benefit, or the provision of services related thereto. (iii) Performing any administrative, managerial, clinical, pricing, financial, reimbursement, data administration or reporting, or billing service; and (iv) Such other services as the commissioner may define in regulation. “Pharmacy benefit manager”, any person that, pursuant to a written agreement with a carrier or health benefit plan, either directly or indirectly, provides one or more pharmacy benefit management services on behalf of the carrier or health benefit plan, and any agent, contractor, intermediary, affiliate, subsidiary, or related entity of such person who facilitates, provides, directs, or oversees the provision of the pharmacy benefit management services. “Pharmacy benefit manager duty”, a duty and obligation to perform pharmacy benefit management services with care, skill, prudence, diligence, fairness, transparency, and professionalism, and for the best interests of the enrollee, the health benefit plan, and the provider, as consistent with the requirements of this section and any regulations that may be adopted to implement this chapter. “Provider”, an individual or entity that provides, dispenses, or administers one or more units of a prescription drug. “Related entity”: (i) any entity, whether foreign or domestic, that is a member of any controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code, except that “50 percent” shall be substituted for “80 percent” wherever the latter percentage appears in such code) of which a pharmacy benefit manager is a member; or (ii) any of the following persons or entities that are treated as a related entity to the extent provided in rules adopted by the commissioner: (A) a person other than a corporation that is treated under such rules as a related entity of a pharmacy benefit manager, or (B) a person or entity that is treated under such rules as affiliated with a pharmacy benefit manager in cases where the pharmacy benefit manager is a person other than a corporation. “Spread pricing”, any amount charged or claimed by a pharmacy benefit manager in excess of the ingredient cost for a dispensed prescription drug plus dispensing fee paid directly or indirectly to any pharmacy, pharmacist, or other provider on behalf of the health benefit plan, less a pharmacy benefit management fee. Section 2. Pharmacy Benefit Manager Duties (a) Pharmacy benefit manager duty. A pharmacy benefit manager shall owe the pharmacy benefit manager duty to any enrollee, health benefit plan, or provider that receives pharmacy benefit management services from the pharmacy benefit manager or that furnishes, covers, receives, or is administered a unit of a prescription drug for which the pharmacy benefit manager has provided pharmacy benefit management services. (1) Duty to enrollees. The pharmacy benefit manager duty owed to enrollees shall include duties of care and good faith and fair dealing. The commissioner shall adopt regulations defining the scope of the duties owed to enrollees, including by obligating pharmacy benefit managers to provide all pharmacy benefit management services related to formulary design, utilization management, and grievances and appeals in a transparent manner to enrollees that is consistent with the best interest of enrollees and to disclose all conflicts of interest to enrollees. (2) Duty to health benefit plans. The pharmacy benefit manager duty owed to health benefit plans shall include duties of care and good faith and fair dealing. The commissioner shall adopt regulations defining the scope of the duties owed to health benefit plans, including by obligating pharmacy benefit managers to provide transparency to health benefit plans about amounts charged or claimed by the pharmacy benefit manager in a manner that is adequate to identify any instances of spread pricing and to disclose all conflicts of interest to health benefit plans. (3) Duty to providers. The pharmacy benefit manager duty owed to providers shall include duties of care and good faith and fair dealing. The commissioner shall adopt regulations defining the scope of the duties owed to providers, including by obligating pharmacy benefit managers to provide transparency to providers about amounts charged or claimed by the pharmacy benefit manager in a manner that is adequate to identify any instances of spread pricing and to disclose all conflicts of interest to providers. (b) Conflicts of interest. Where there is a conflict between the pharmacy benefit manager duties owed under this section, the pharmacy benefit manager duty owed to an enrollee shall be primary over the duty owed to any other party, and the pharmacy benefit manager duty owed to a provider shall be primary over the duty owed to a health benefit plan. Section 3. Savings Clause (a) In implementing the requirements of this Act, the state shall only regulate a pharmacy benefit manager, carrier, or health benefit plan to the extent permissible under applicable law. (b) If any section, provision, or portion of this Act, including any condition or prerequisite to any action or determination thereunder, is for any reason held to be illegal or invalid, this illegality or invalidity shall not affect the remainder thereof or any other section, provision, or portion of this Act, including any condition or prerequisite to any action or determination thereunder, which shall be construed and enforced and applied as if such illegal or invalid portion were not contained therein. Section 4. Penalties (a) If the commissioner determines that a pharmacy benefit manager is in violation of this chapter or any rule or regulation promulgated under this chapter, the commissioner shall issue a monetary penalty, suspend or revoke the pharmacy benefit manager’s license or take other action that the commissioner deems necessary. (b) The commissioner shall issue rules and regulations to establish a process for administrative appeal of any penalty, suspension or revocation imposed in accordance with this section. Section 5. Rules The commissioner shall adopt any written policies, procedures, or regulations the commissioner determines necessary to implement this section.

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An Act relative to pediatric care appointments

H1017

HD2613

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T15:09:53.297'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T15:09:53.2966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-27T14:32:26.3366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T10:30:08.7433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1017/DocumentHistoryActions

Bill

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1017) of Sean Garballey, Rebecca L. Rausch and James B. Eldridge relative to pediatric care appointments. Financial Services.

SECTION 1. Section 47C of chapter 175 of the general laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “annually” and inserting in place thereof the following words:- once per calendar year.

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An Act further regulating the rental of motor vehicles

H1018

HD3192

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T10:43:15.03'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T10:43:15.03'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1018/DocumentHistoryActions

Bill

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1018) of Sean Garballey for legislation to further regulate the rental of motor vehicles. Financial Services.

SECTION 1. Chapter 90 of the General Laws is hereby amended by adding the following 3 sections: Section 63. As used in sections 63 to 65, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Motor vehicle" shall: (1) have the same meaning as in section 1 of chapter 90; (2) have a gross weight rating of 10,000 pounds or less; and (3) shall not include a “commercial motor vehicle” as defined in section 1 of chapter 90F. “Rental facilitator", any person having any right, access, ability, or authority to offer, reserve, book, arrange for, remarket, distribute, broker, resell, coordinate, or otherwise facilitate rental of a motor vehicle to a renter, whether directly or indirectly, through an Internet transaction or any other means whatsoever. “Vehicle rental transaction”, the transfer of possession of a motor vehicle, for a consideration, without the transfer of ownership of such motor vehicle, whether directly or indirectly, through a rental facilitator or otherwise. Section 64. (a) Vehicle rental transactions shall be subject to all statutory and regulatory obligations for private passenger motor vehicle rental vehicles, transactions, and companies including, but not limited to compliance with sections 11 and 12, section 20E, section 32C section 32, section 32E1/2, section 32E3/4, section 32E7/8 of chapter 90; section 2 of chapter 64I and section 92A of chapter 266. (b) If the rental of a motor vehicle is offered, reserved, booked, arranged for, or otherwise facilitated in whole or in part by a rental facilitator, the rental facilitator shall: (i) demand and collect all applicable taxes and fees from the renter, and (ii) shall remit the tax to the state. If a rental facilitator required to collect and remit a tax under this chapter fails to make a return, no assessment shall be made except against the rental facilitator. Section 65. (a) Rental facilitators, upon request of an airport, including but not limited to any entity responsible for regulating commerce at such airport within the commonwealth, enter into an agreement, which agreement may be a concession agreement, prior to: (i) listing, publishing or advertising rental vehicles parked on airport property or at airport facilities; (ii) facilitating the rental of vehicles to transport airport customers to or from airport property or airport facilities, regardless of whether that use is to be initiated on or off of airport property or airport facilities; or (iii) promoting or marketing the rental of vehicles to transport airport customers to or from airport property or airport facilities, regardless of whether that transportation is to be initiated on or off of airport property or airport facilities. (b) The agreement described in subsection (a) shall set forth the same or reasonably similar standards, regulations, procedures, fees, and access requirements applicable to all vehicle rental transactions conducted at airport. (c) If a rental facilitator: (i) fails or refuses to enter into an agreement described in subsection (a) after request by an airport, or (ii) performs, participates in, or undertakes any of the actions set forth in subsection (a) before entering into an agreement described in said subsection (a) after request by an airport, the affected airport may seek an injunction prohibiting operations at the airport and may also seek damages against rental facilitator. SECTION 2. Subsection (a) of section 168 of chapter 175 of the General Laws, as most recently amended by section 79 of chapter 358 of the acts of 2020, is hereby amended by striking out the definitions of “Personal vehicle sharing” and "Personal vehicle sharing program”. SECTION 3. Subsection (b) of said chapter 168 of said chapter 175, as most recently amended by section 80 of said chapter 358, is hereby amended by striking out the words “The commissioner may, upon the payment of the fee prescribed by section 14, issue to any suitable persons aged 18 or older, a license to act as a special insurance broker to negotiate, continue or renew contracts of insurance against any of the hazards specified in section 47, except as specified in clause Fifteenth thereof, and except accident and health, workers’ compensation, compulsory motor vehicle liability, with the exception of both motor vehicle policies for transportation network vehicles and any contracts that directly or indirectly provide insurance or other forms of protection, including , without limitation, collision damage waivers, for vehicles and vehicle drivers engaged. In personal vehicle sharing through a personal vehicle sharing program, and life insurance on property or interests in the commonwealth with an unauthorized company upon the following condition" and inserting in place thereof the following words:- The commissioner may, upon the payment of the fee prescribed by section 14, issue to any suitable persons aged 18 or older, a license to act as a special insurance broker to negotiate, continue or renew contracts of insurance against any of the hazards specified in section 47, except as specified in clause Fifteenth thereof, and except accident and health, workers’ compensation, compulsory motor vehicle liability with the exception of motor vehicle policies for transportation network vehicles, and life insurance on property or interests. In the commonwealth with an unauthorized company upon the following conditions:. SECTION 4. Said section 168 of said chapter 175, as amended by section 81 of said chapter 358, is hereby further amended by striking out subsections (i) and (j) and inserting in place thereof the following subsection:- (i) The commissioner may promulgate regulations as necessary to implement this section. SECTION 6. Chapter 175 of the General Laws is hereby amended by adding the following 8 sections:- Section 230. As used in sections 1 to 7 inclusive, the following words shall, unless the context requires otherwise, have the following meanings:- “Peer-to-peer car sharing” , the authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. Peer-to-peer car sharing shall not include rental car or rental activity as defined in section 32E1/2 of chapter 90. “Peer-to-peer car sharing program”, a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean rental car company as defined in section 32E1/2 of chapter 90. This Act is intended to govern the intersection of peer-to-peer car services and the state-regulated business of insurance. Nothing in this Act shall be construed to extend beyond insurance or have any implications for other provisions of the code of this state, including but not limited to, those related to motor vehicle regulation, airport regulation, or taxation. “Car sharing program agreement” means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. Car sharing program agreement shall not include rental car agreement, or similar, as defined in section 32E1/2 of said chapter 90. “Shared vehicle”, a vehicle that is available for sharing through a peer-to-peer car sharing program. Shared vehicle shall not include rental car or rental vehicle as defined in section 32E1/2 of said chapter 90 “Shared vehicle driver”, an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. “Shared vehicle owner”, the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. “Car sharing delivery period “, the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement. “Car sharing period” , the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time. “Car sharing start time”, the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer–to–peer car sharing program. “Car sharing termination time” , the earliest of the following events: (1) The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement; (2) When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program; or (3) When the shared vehicle owner or the shared vehicle owner’s authorized designee, takes possession and control of the shared vehicle. Section 231. (a) A peer-to-peer car sharing program shall assume liability, except as provided in subsection (b) of this chapter, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in sections 34A to 34R, inclusive of chapter 90. (b) Notwithstanding the definition of “Car sharing termination time” as set forth in section 230 and this section , the assumption of liability under this subsection does not apply to any shared vehicle owner when: (1) A shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred, or (2) Acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of car sharing program agreement. (c) Notwithstanding the definition of “car sharing termination time” as set forth in section 1 or 2 of this section, the assumption of liability under subsection (a) of this section would apply to bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties required by section 34A to 34N, inclusive of chapter 90. (d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than the minimum amounts set forth in section34M of Chapter 90 and: (1) recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or (2) does not exclude use of a shared vehicle by a shared vehicle driver. (e) The insurance described under subsection (d) may be satisfied by motor vehicle liability insurance maintained by: (1) a shared vehicle owner; (2) a shared vehicle driver; (3) a peer-to-peer car sharing program; or (4) both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car sharing program. (f) The insurance described in subsection (e) that is satisfying the insurance requirement of subsection (d) shall be primary during each car sharing period. (g) The peer-to-peer car sharing program shall assume primary liability for a claim when it is in whole or in part providing the insurance required under subsections (d) and (e) and: (1) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss; and (2) the peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by section 234. The shared motor vehicle’s insurer shall indemnify the car sharing program to the extent of its obligation under, if any, the applicable insurance policy, if it is determined that the shared motor vehicle’s owner was in control of the shared motor vehicle at the time of the loss. (h) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (e) has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by subsection (d) beginning with the first dollar of a claim and have the duty to defend such claim except under circumstances as set forth in clause (1) of paragraph (b) of section 230. (i) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on another automobile insurer first denying a claim nor shall another automobile insurance policy be required to first deny a claim. (j) Nothing in this chapter shall : (1) limit the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program; or (2) limit the ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement. Section 232. At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder. Section 233. (a) An authorized insurer that writes motor vehicle liability insurance in the commonwealth may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including, but not limited to: (i)liability coverage for bodily injury and property damage; (ii) personal injury protection coverage as defined in section 34M of chapter 90; (iii) uninsured and underinsured motorist coverage; (1) medical payments coverage; (2) comprehensive physical damage coverage; and (3) collision physical damage coverage (b) Nothing in this section shall invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use. Section 234. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owner’s insurer, or the shared vehicle driver’s insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations. Section 235. A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability in accordance with 49 U.S.C. § 30106 and under any state or local law that imposes liability solely based on vehicle ownership. Section 236. A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if the claim is: (1) made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period; and (2) excluded under the terms of its policy. Section 237. (a) Notwithstanding the. provisions of any law, rule or regulation to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period. (b) Nothing in this section shall establish liability on a peer-to-peer car sharing program to maintain the coverage set forth in section 230. (c) A peer–to–peer car sharing program may own and maintain as the named insured 1 or more policies of motor vehicle liability insurance that provides coverage for: (1) liabilities assumed by the peer–to–peer car sharing program under a peer–to–peer car sharing program agreement; (2) any liability of the shared vehicle owner; or (3) damage or loss to the shared motor vehicle; or any liability of the shared vehicle driver. Section 238. Each car sharing program agreement made in the commonwealth shall disclose to the shared vehicle owner and the shared vehicle driver: (a) any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement; (b) that a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program; (c) that the peer-to-peer car sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage; (d) the daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver; (e) that the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle; (f) an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and (g) if there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle. Section 239. (a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle: (1) holds a driver’s license issued under section 8 of chapter 90 that authorizes the driver to operate vehicles of the class of the shared vehicle; or (2) is a nonresident who: (i) has a driver’s license issued by the state or country of the driver’s residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and (ii) is at least the same age as that required of a resident to drive; or (3) otherwise is specifically authorized to drive vehicles of the class of the shared vehicle. (b) A peer-to-peer car sharing program shall keep a record of: (1) The name and address of the shared vehicle driver; (2) The number of the driver’s license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and (3) The place of issuance of the driver’s license. Section 240. A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of such equipment during the sharing period not caused by the vehicle owner. The peer- to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period. Section 241. (a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall: (1) verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and (2) notify the shared vehicle owner of the requirements under subsection (b). (b) (1) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made. (2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program, as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made. If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall so that the shared vehicle owner may address the safety recall repair. SECTION 7. This act shall take effect July 1, 2023.

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An Act ensuring pharmacy access

H1019

HD1333

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:12:38.293'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:12:38.2933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1019/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1019) of Colleen M. Garry relative to the rights of pharmacists to participate as preferred health care providers. Financial Services.

Section 1. Chapter 176I of the General Laws shall be amended by adding at the end of section 4 the following language:- “No pharmacy or pharmacist shall be denied the right to participate as a preferred provider under the same terms and conditions currently applicable to all other preferred or contracting providers provided the pharmacy or pharmacist is registered and accepts the terms and conditions of the contract.”

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An Act relative to farmer-distilleries

H102

HD1451

{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-18T13:53:36.173'}

[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-18T13:53:36.1733333'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T13:55:35.7833333'}]

{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T13:53:36.173'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H102/DocumentHistoryActions

Bill

By Representatives Straus of Mattapoisett and Peake of Provincetown, a petition (accompanied by bill, House, No. 102) of William M. Straus and Sarah K. Peake relative to farmer-distilleries. Agriculture.

SECTION 1. Section 1 of chapter 138 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following definition after the definition of “Direct wine shipper”:- “Direct distilled products shipper”, a person who sells, delivers or exports distilled products to consumers in the commonwealth under a license issued pursuant to section 19I. SECTION 2. Section 15F of said chapter 138, as so appearing, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:- Notwithstanding any other provision of chapter 138, in any city or town wherein the granting of licenses to sell wine or distilled spirits is authorized under this chapter, the local licensing authority may issue to an applicant authorized to operate a farmer-distillery under section 19E or a farmer-winery under section 19B or in any other state, a special license for the sale of wine or distilled products produced by or for the licensee in sealed containers for off-premise consumption at an indoor or outdoor agricultural event. All such sales of wine or distilled products shall be conducted by an agent, representative, or solicitor of the licensee to customers who are at least 21 years of age. A licensee under this section may provide, without charge, samples of wine or distilled products to prospective customers at an indoor or outdoor agricultural event. All samples of wine shall be served by an agent, representative, or solicitor of the licensee to individuals who are at least 21 years of age and all samples shall be consumed in the presence of such agent, representative, or solicitor of the licensee; provided, however, that no sample shall exceed one (1) ounce of wine or .25 ounces of distilled product and no more than 5 samples shall be served to an individual prospective customer. For the purposes of this section, the term ''agricultural event'' shall be limited to those events certified by the department of agricultural resources as set forth in this section. SECTION 3. Section 17 of said chapter 138, as so appearing, is hereby amended in line 228 by inserting after the word “holder” the following:- “of a farmer-distillery license under section 19E or”. SECTION 4. Subsection (h) of section 19E of said chapter 138, as so appearing, is hereby amended in line 120 by striking the word “and”; and in line 121 by inserting after the word “country” the following words:- “; and (10) at retail by the bottle to consumers for consumption off the premises in accordance with a license issued under section 15F”. SECTION 5. Subsection (i) of said section 19E of said chapter 138, as so appearing, is hereby amended in line 125 by inserting after the word “premises” the following:- “, except where a farmer-distillery obtains additional licenses for the sale of distilled products to consumers at additional locations off the distillery premises at locations authorized by a license issued pursuant to section 15F”. SECTION 6. Said chapter 138, as so appearing, is hereby amended by adding the following section:- Section 19I. (a) The commission may issue a direct distilled products shipper license pursuant to this section to any person, firm or corporation that holds a federal basic permit pursuant to the federal Alcohol Administration Act, compiled in 27 U.S.C. § 201 et seq.; holds a license in the commonwealth or any other state to manufacture and export distilled products; and is in the business of manufacturing or bottling distilled products. (b) Under this section, a direct distilled products shipper licensee may make sales and delivery of distilled products directly to residents of the commonwealth who are 21 years of age or older, for personal use and not for resale. (c) The fee for a license issued pursuant to this section shall be $300 per distillery; provided that an affiliate, franchise or subsidiary of the distillery shall require a separate license. Licenses shall be renewed annually at a fee of $150. If a direct distilled products shipper's license expires and is not renewed, a subsequent application shall be treated as an application for a new license. An applicant for a direct distilled products shipper license shall provide the commission and the department of revenue with a true copy of the applicable alcoholic beverage license to manufacture, export and sell the applicant's distilled products as issued by the appropriate licensing authority. A copy of the direct distilled products shipment license obtained pursuant to this section shall be provided by the commission to the department of revenue. (d) A direct distilled products shipper licensee under this section shall ship wine in accordance with section 22. (e) A direct distilled products shipper licensee may ship up to 12 cases of distilled products, containing not more than 9 liters of distilled product per case, per year to a resident of the commonwealth. (f) A licensee under this section shall: (i) report yearly to the commission and the department of revenue the total number of liters of distilled products shipped into the commonwealth for the preceding year; (ii) pay to the department of revenue, under the department's rules and regulations, for each shipment of distilled products the excise levied on importations of distilled products calculated under section 21 and any and all other applicable taxes; and (iii) upon request, allow the commission or the department of revenue to perform an audit of the direct shipper licensee's records. (g) No person, firm or corporation shall ship distilled products directly to consumers without a direct distilled products shipper license. A person, firm or corporation who manufactures, transports, imports or exports distilled products in violation of this section shall be deemed to have engaged in a deceptive act or practice under chapter 93A. (h) Whoever ships distilled products in violation of this section shall be subject to the following penalties: for a first violation, by suspension of the direct distilled products shipper license for 60 days or a fine of $500, or both; for a second violation, by suspension of the direct distilled products shipper license for 120 days or a fine of $1,000, or both; and for a third or subsequent violation, by suspension of the direct distilled products shipper license for 1 year or by a fine of $3,000, or both. A licensee whose license has been suspended for 1 year or more may apply for a direct distilled products shipper license and shall be treated as a new applicant. The commission may revoke a direct distilled products shipper license after 3 or more violations. (i) If a violation of this section involves the sale or delivery of distilled products to a person under 21 years of age, the commission may impose the following additional penalties: for a first violation, by suspension of the direct shipper license for 180 days or a fine of $1,000, or both; for a second violation, by suspension of the direct shipper license for 1 year or a fine of $2,000, or both; and for a third or subsequent violation, by suspension of the direct shipper license for 2 years or by a fine of $5,000, or both. Nothing in this section shall preclude enforcement of violations of section 34. (j) The commission shall promulgate rules and regulations to effectuate this section. The department of revenue may promulgate rules and regulations necessary to effectuate the oversight and collection of taxes due to the commonwealth as a result of the sale and shipment of distilled products into the commonwealth pursuant to this section. (k) The commission shall issue an annual report to the joint committee on consumer protection and professional licensure, which shall include, but not be limited to, the number of direct distilled products shipment licenses issued and a review of violations and enforcement measures taken pursuant to this section. SECTION 7. Section 22 of said chapter 138, as so appearing, is hereby amended in line 60 by striking the words “19B, 19C and 19F” and inserting in place thereof the following:- “19B, 19C, 19E, 19F and 19I”.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide support for farmer-distilleries, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]

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An Act relative to colon cancer under the age of 50 years of age, prevalence, screening and insurance coverage and care in the Commonwealth aka Martha's Bill

H1020

HD1343

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:06:51.49'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:06:51.49'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-20T15:03:23.6533333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-23T11:40:45.51'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:14:32.51'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T17:50:43.3633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T11:15:26.4933333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T11:15:26.4933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-01T16:20:48.85'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T10:25:28.6666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-06T12:49:20.0733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1020/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1020) of Colleen M. Garry and others relative to colon cancer under the age of 50 years of age, prevalence, screening and insurance coverage and care. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 17Q the following section:- Section 17R. (a) The commission shall provide to any active or retired employee of the commonwealth starting at 45 years of age who is insured under the group insurance commission coverage for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (vii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a colorectal cancer screening service procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both. (b) Colorectal cancer screening services pursuant to subsection (a) performed under contract with the commission shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 47KK the following section:- Section 47LL. (a) Any policy of accident and sickness insurance issued pursuant to section 108, and any group blanket policy of accident and sickness insurance issued pursuant to section 110 that is delivered, issued or renewed by agreement within or without the commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both. (b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8MM the following section:- Section 8NN. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both. (b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4MM the following section:- Section 4NN. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (iv) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both. (b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4EE the following section:- Section 4FF. (a) An individual or group health maintenance contract that is issued or renewed shall provide coverage, starting at 45 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both. (b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. SECTION 7. Resolved, that a special commission, to consist of 13 members as follows: the secretary of the executive office of health and human services, or a designee; the commissioner of public health, or a designee; the commissioner of insurance, or a designee; and 10 members who shall be appointed as follows: 3 members appointed by the senate president, 1 of whom shall be the senate chairman of the joint committee on public health, or a designee, 1 of whom shall be a person with Colon Cancer under the age of 50 years old and 1 of whom is a medical specialist in Colon Cancer under the age of 50 years old ; 3 members appointed by the speaker of the house of representatives, 1 of whom shall be the house chairman of the joint committee on public health, or a designee, 1 of whom shall be a person with Colon Cancer under the age of 50 years old and 1 of whom is a medical specialist in Colon Cancer under the age of 50 years old ; and 4 members appointed by the governor, 1 of whom shall be a person with Colon Cancer under the age of 50 years old , 1 of whom is a medical specialist in Colon Cancer under the age of 50 years old, and 2 members of the public with demonstrated expertise in issues relating to the work of the commission, is hereby established for the purpose of making an investigation and study to: (1) establish a mechanism in order to ascertain the prevalence of Colon Cancer under the age of 50 years old in Massachusetts, and the unmet needs of persons with Colon Cancer under the age of 50 years old and those of their families; collect time of diagnosis statistics and likely risks for Colon Cancer under the age of 50 years old; (2) study Colon Cancer under the age of 50 years old prevention, screening, education and support programs for Colon Cancer under the age of 50 years old in the Commonwealth; (3) provide recommendations for additional legislation, support programs and resources necessary to meet the unmet needs of persons with Colon Cancer under the age of 50 years old and their families and how to effectuate an early diagnosis and treatment for Colon Cancer under the age of 50 years old patients. Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments. The commission shall organize within 120 days following the appointment of a majority of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the commission. The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as provided by section 2A of chapter 4 of the General Laws. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any state, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes. The executive office of health and human services shall provide staff support to the commission. The commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the senate and the clerk of the House of representatives on or before December 31, 2023.

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An Act concerning the safety of autistic and alzheimer individuals

H1021

HD1363

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:52:03.82'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:52:03.82'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-23T09:27:54.6766667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:06:41.46'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1021/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1021) of Colleen M. Garry, Rodney M. Elliott and Marcus S. Vaughn for legislation to provide insurance coverage for the use of electronic tracking devices to protect the safety of persons with Autism spectrum disorder or Alzheimer’s disease. Financial Services.

SECTION 1: Chapter 118E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 9C the following section:- Section 9D. (a) Definitions. As used in the section: (i) “Technology-Assisted Tracking Device” shall mean any wearable device that complies with the following imperatives: a)Waterproof and able to function under water (which is a major destination as seen above), compliant with IP66 and IP68 standards b) Works indoors or under cover (Radio Frequency is the best technology for this), and does not need direct line of sight to the sky (GPS) c) Not dependent on third-party public communication networks (such as cellular, GSM, GPRS, or similar as these are NOT prevalent everywhere) d) Wrist or ankle strap needs to be tamper-resistant, but changeable by the caregiver directly e) System specifics need to avoid false alarms in order not to waste LE and SAR time, and have a patient specific code for each device so as to avoid mistaken identities (b) A health benefit plan shall provide full coverage, subject to all applicable co-payments, coinsurance, deductibles, and out-of-pocket limits, for insured individuals who are diagnosed by a license physician with dementia, Alzheimer's disease, or Autism spectrum Disorder, to obtain a Technology-Assisted Tracking Device if they or their guardian choose.

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An Act relative to access to care for Ehler Danlos syndrome patients

H1022

HD1364

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:50:57.747'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:50:57.7466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1022/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1022) of Colleen M. Garry relative to providing coverage for physical therapy preventative, ongoing chronic maintenance, and acute treatment for Ehlers-Danlos syndrome patients. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17O, as inserted by chapter 233 of the acts 2016, the following section:- Section 17P. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission that provides coverage for cancer chemotherapy treatment shall provide coverage for physical therapy preventative, ongoing chronic maintenance, and acute treatment for Ehler Danlos Syndrome patients. SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after section 47II, as inserted by chapter 233 of the acts 2016, the following section:- Section 47JJ. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall provide for preventative, ongoing chronic maintenance and acute treatment physical therapy for Ehler Danlos Syndrome patients when determined to be medically necessary and ordered by a physician after making a thorough evaluation of the patient’s symptoms, diagnostic test results or response to therapy. Therapy otherwise eligible for benefits pursuant to this section shall not be denied solely because such therapy may be characterized as unproven, experimental, or investigational in nature. SECTION 3. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK, as inserted by chapter 233 of the acts 2016, the following section:- Section 8LL. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for preventative, ongoing chronic maintenance and acute treatment physical therapy for Ehler Danlos Syndrome patients when determined to be medically necessary and ordered by a physician after making a thorough evaluation of the patient’s symptoms, diagnostic test results or response to therapy. Therapy otherwise eligible for benefits pursuant to this section shall not be denied solely because such therapy may be characterized as unproven, experimental, or investigational in nature. SECTION 4. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK, as inserted by chapter 233 of the acts 2016, the following section:- Section 4LL. Any subscription certificate under an individual or group medical service agreement delivered, issued, or renewed within the Commonwealth shall provide coverage for preventative, ongoing chronic maintenance and acute treatment physical therapy for Ehler Danlos Syndrome patients when determined to be medically necessary and ordered by a physician after making a thorough evaluation of the patient’s symptoms, diagnostic test results and response in therapy. Therapy otherwise eligible for benefits pursuant to this section shall not be denied solely because such therapy may be characterized as unproven, experimental, or investigational in nature. SECTION 5. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC, as inserted by chapter 233 of the acts 2016, the following section:- Section 4DD. Any individual or group health maintenance contract shall provide coverage for preventative, ongoing chronic maintenance and acute treatment physical therapy for Ehler Danlos Syndrome patients when determined to be medically necessary and ordered by a physician after making a thorough evaluation of the patient’s symptoms, diagnostic test results and response in therapy. Therapy otherwise eligible for benefits pursuant to this section shall not be denied solely because such therapy may be characterized as unproven, experimental, or investigational in nature.

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An Act to promote economic mobility through matched savings

H1023

HD2411

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T13:13:51.6'}

[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T13:13:51.6'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-28T11:45:09.8466667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-04-27T15:55:56.1633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-25T16:02:04.5233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-03T15:54:37.3966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1023/DocumentHistoryActions

Bill

By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1023) of Carmine Lawrence Gentile and Samantha Montaño relative to economic mobility through matched savings. Financial Services.

Chapter 23A of the General Laws is hereby amended by adding the following three sections:- Section 70. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Account holder”, a household that is an eligible participant. “Eligible participant”, a household which has an income that does not exceed 80 per cent of the median income for the area, with adjustments made for smaller and larger families, as such median shall be determined from time to time by the secretary of the United States Department of Housing and Urban Development pursuant to 42 U.S.C. 1437(a)(B)(2) or any successor legislation and the regulations promulgated thereunder; provided however, that: (1) notwithstanding any federal law or rule to contrary, a person shall not be denied assistance under this chapter based wholly or in part on the amount of the person’s assets; (2) that any income generated by such assets may be treated as countable income; (3) receipt of federal, state or local public assistance of any form shall not make a person ineligible to be an account holder. “Community-based organization”, a public or private nonprofit organization that is exempt from taxation under 26 U.S.C. 501(c)(3), a community foundation, housing authority, a city or town with demonstrated effectiveness in representing a community or a significant segment of a community and providing educational or related social services to individuals in that community. “Fiscal intermediary”, a Massachusetts nonprofit organization that is exempt from taxation under 26 U.S.C. 501(c)(3) with demonstrated effectiveness in matched-savings account management. “Financial institution”, a bank, credit union, any association or corporation chartered by the commonwealth under chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the commissioner. “Matched-savings account”, a contract between an account holder and a fiscal intermediary to increase their economic mobility. (b) (1) A person who qualifies to become an account holder may establish a matched-savings account. The matched-savings account shall permit the account holder to work towards approved savings goals set forth in subsection (c). (2) A matched-savings account shall provide for the deposit of funds into 2 accounts at a financial institution: (i) a designated account at a financial institution by the account holder and; (ii) the deposit of matching funds by the fiscal intermediary into a designated account at a financial institution. (3) Before creating a matched-savings account, a person shall create a savings plan developed by the participant and a community-based organization. The plan shall provide the participant with the appropriate financial education, counseling and asset-specific training designed to increase the economic mobility of the participant’s household. (c) Approved savings goals shall serve to increase economic mobility including, but not limited to: (1) the acquisition of post-secondary education or job training; (2) if the account holder has established the account for the benefit of a household member who is under the age of 18 years, the payment of extracurricular non-tuition expenses designed to prepare the member for post-secondary education or job training; (3) if the account holder has established a savings plan authorized under 26 U.S.C. 529 or prepaid tuition plan on behalf of a designated beneficiary, the participant shall provide accurate account statements to the fiduciary organization in order to earn match; (4) the purchase of a primary residence; provided further, that account moneys under this paragraph shall be broadly construed to include, but not be limited to: (i) payment on the purchase price of the residence; and (ii) any usual or reasonable settlement, financing, or other closing costs; (5) the rental of a primary residence; provided further, that account moneys under this paragraph shall be broadly construed to include, but not be limited to: (i) security deposits; (ii) first month’s rent; (iii) prepayment of last month’s rent; (iv) application fees; (v) major appliances not included in the lease necessary to move into the primary residence; and (vi) moving expenses; (6) the capitalization of a small business; provided further, that account moneys under this paragraph shall be broadly construed to include, but not be limited to: (i) capital, plant, equipment, and inventory expenses, (ii) hiring employees upon capitalization of the small business; (iii) working capital; (7) improvements, repairs, or modifications to a home already owned by the account holder; (8) the purchase of equipment, adaptive technology or specialized training required to become competitive in obtaining or maintaining employment, or to start or maintain a business, or to increase the economic mobility of the account holder; (9) the purchase or repair of a vehicle, as specified in the account holder’s matched-savings plan for increasing the economic mobility of the person; (10) the saving of funds for retirement; (11) the payment of debts owed when the account holder is saving for another allowable purpose, as specified in the account holder’s matched-savings plan; provided further, a non-profit organization with demonstrated expertise shall provide credit counseling; (12) the creation or improvement of a credit score by obtaining a secured credit-builder loan or a financial product that is designed to improve credit, as specified in the account holder’s matched-savings plan for increasing the economic independence of the person. (d) A fiscal intermediary may qualify as the recipient of account contributions only if the fiscal intermediary structures the accounts to have the following features: (1) The fiscal intermediary matches amounts deposited by the account holder according to a formula established by the fiscal intermediary. The fiscal intermediary shall deposit $4 into the account for each $1 deposited by the account holder. (2) The matching deposits by the fiscal intermediary to the matched-savings account are placed in a savings account that is controlled by the fiscal intermediary and is separate from the savings account of the account holder. (3) The total amount paid into a matched-savings account during its existence, including amounts from participant deposits and matching deposits may not exceed $20,000. The participant shall not contribute in excess of $4,000. The amount matched shall not exceed $16,000. The executive office of housing and economic development shall adjust the figures set forth in this paragraph annually to reflect increases in the cost of living by the same method used for federal income tax brackets. (e)(1) If an emergency occurs, an account holder may withdraw all or part of the account holder’s deposits to a matched-savings account for a purpose not described in subsection (c). A financial emergency is a disruption to the account holder’s economic circumstances including , but not limited to: (i) making payments for necessary medical expenses; (ii) avoiding eviction of the account holder from the account holder’s residence; (iii) for necessary living expenses following a change in economic circumstances. (2) The account holder shall resume contributions to the account holder’s savings account after the account holder deems that the financial emergency has been resolved. The account holder may choose to continue to pursue the savings plan through the appropriate financial education, counseling and asset-specific training in coordination with the account holder’s community-based organization while experiencing the financial emergency. (3) If an account holder withdraws funds from a matched-savings account for other than an approved purpose, the fiscal intermediary may remove the account holder from the program. (f)(1) If the account holder of an account established for the purpose set forth in the third paragraph through the tenth paragraph, inclusive, of subsection (c) has achieved the account’s approved purpose in accordance with the matched-savings plan developed by the account holder, the account holder may withdraw, or authorize the withdrawal of, the remaining amount of all deposits, including matching deposits, and interest in the account as follows: (i) for an account established for the purpose set forth in subsection (c)(3) of this section, by rolling over the entire withdrawal amount into one or more savings plans authorized under 26 U.S.C. 529, the establishment of which is the purpose of the matched-savings account; or (ii) for an account established for the purpose set forth in subsection (c)(10) of this section, by rolling over the entire withdrawal amount into an individual retirement account, a retirement plan or a similar account or plan established under the Internal Revenue laws of the United States. (2) Upon withdrawal of all funds in the matched-savings account as provided in the first paragraph of this subsection, the account relationship shall terminate. (g) (1) If an account holder moves from the area where the program is conducted or is otherwise unable to continue in the program, the fiscal intermediary may remove the account holder from the program. (2) If the fiscal intermediary removes an account holder from the program, all matching deposits in the account and all interest earned on matching deposits shall revert to the fiscal intermediary. The fiscal intermediary shall use the reverted funds as a source of matching deposits for other accounts. (h) (1) The executive office of housing and economic development may select a fiscal intermediary to administer moneys directed by the commonwealth to matched-savings account purposes. (2) In making the selection, the executive office of housing and economic development shall consider factors related to its effectiveness including, but not limited to: (i) the ability of the fiscal intermediary to implement and administer the matched-savings program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability; (ii) the capacity of the fiscal intermediary to convene and provide professional development opportunities that increase the capacity of community-based organizations to provide financial education, counseling, and asset-related training to account holders; (iii) the partnerships that the fiscal intermediary maintains with like-minded community-based organizations, government agencies, and other entities that support asset-building and wealth creation among the lower-income households across the commonwealth; (iv) Subject to executive office of housing and economic development rules, a fiscal intermediary has sole authority over, and responsibility for, the administration of matched-savings accounts. (3) The fiscal intermediary may use at least 5 per cent of the allocated moneys to the matched-savings program for account management, compliance, and participation in audits. (4) (i) The fiscal intermediary shall ensure that account holders include people of color and women, at least in such proportion as these groups exist in the commonwealth’s population as periodically determined by the state secretary as the commonwealth’s chief census officer. (ii) The fiscal intermediary shall ensure that account holders represent diverse geographic areas of the commonwealth, including urban, rural and suburban areas. (5) The fiscal intermediary shall provide the executive office of housing and economic development with an annual report of the fiscal intermediary's matched-savings account program activity. The fiscal intermediary shall file the report with the executive office of housing and economic development no later than 90 days after the end of the fiscal intermediary’s fiscal year. The report shall include, but is not limited to: (i) the number of matched-savings accounts administered by the fiscal intermediary; (ii) the amount of deposits and matching deposits for each account; (iii) the purpose of each account; (iv) the number of withdrawals made; and (v) participant demographics including, but not limited to, race, ethnicity, age, gender identity and sexual orientation, and any other information the executive office of housing and economic development may require for the purpose of making a return-on-investment analysis. (i) (1) Subject to executive office of housing and economic development rules, the responsibility of the community-based organization extends to all aspects of operating the matched-savings program, including, but not limited to: (i) marketing and outreach; (ii) verification and enrollment of participants; (iii) financial education; (iv) one-on-one counseling; (v) conducting asset-specific training; (vi) indirect costs; (vii) and other required verification and compliance activities. (2) There is no limit to how many community-based organizations work with the selected fiscal intermediary if they satisfy the required qualifications. (3) A community-based organization shall receive no more than 25 per cent of the allocated monies for providing all activities set forth in the first paragraph. (j) The executive office of housing and economic development may issue regulations to implement this section. Section 70a. (a) There shall be a Matched Savings Trust Fund, which shall be administered by the secretary of housing and economic development. Monies in the trust fund shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with the safety of the trust fund. (b) The secretary shall appoint the trustee of the fund, who shall serve until a successor is appointed. (c) There shall be credited to the trust fund: (1) all revenue collected through section 70b; (2) all additional funds appropriated by the general court; (3) federal funds directed to the trust fund; (4) grants and any other funds directed to the trust fund; and (5) all interest earned on monies in the trust fund. (d) Expenditures from the fund shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the fund shall be made for promoting economic mobility among account holders as defined in section 70. Expenditures from the fund may be made for satisfying the objectives of section, including but limited to, providing matches to account holder contributions to their accounts, financial education, counseling, asset-specific training, for program administration, the fiscal intermediary and for oversight by the executive office of housing and economic development. (e) Not later than August 1 of each fiscal year, the secretary shall submit a spending plan to the secretary of administration and finance and the house and senate committees on ways and means. For the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the secretary may incur obligations and the comptroller may certify payment amounts not to exceed the most recent revenue estimate submitted by the secretary and approved by the secretary of administration and finance but the fund shall be in balance by the close of each fiscal year. Section 70b. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Commissioner”, the commissioner of revenue or the commissioner's duly authorized representative. “Community partnership fund”, a fund administered by a nonprofit organization selected by the department to receive qualified investments from taxpayers for the purpose of allocating such investments to community partners. “Taxpayer”, a taxpayer subject to an excise under this chapter. (b) There is hereby established a Massachusetts matched savings tax credit. (c) No tax credit shall be allowed to a taxpayer that makes a qualified investment of less than $1,000. (d) A taxpayer that makes a qualified investment through a community partnership fund shall be allowed a refundable credit, to be computed as provided in this subsection, against the taxes imposed by chapter 63. If the amount of the credit allowed under this subsection exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the amount of the excess, without interest. Alternatively, at the option of the taxpayer, a taxpayer entitled to a credit under this subsection for a taxable year may carry over and apply against the taxpayer's tax liability for any 1 or more of the succeeding 5 taxable years, the portion, as reduced from year to year, of the credit which exceeds the tax for the taxable year. If the taxpayer elects to carry over a credit balance, then the credit refund provision allowed by this subsection shall not apply. The credit shall be equal to 50 per cent of the total qualified investments made by the taxpayer, subject to the limits described in subsection (g). The department shall issue a certification to the taxpayer after the taxpayer makes a qualified investment. The certification shall be acceptable as proof that the expenditures related to that investment qualify as a qualified investment for purposes of the credit allowed under this section. (e) The credit allowable under this section shall be allowed for the taxable year in which a qualified investment is made. (f) Matched savings tax credits allowed to a pass-through entity such as a partnership or a limited liability company taxed as a partnership shall be passed through to the persons designated as partners, members or owners, respectively, pro rata or under an executed agreement among the persons designated as partners, members or owners documenting an alternative distribution method without regard to their sharing of other tax or economic attributes of the entity. (g) The department shall authorize the tax credits under this section. The total value of the tax credits authorized in this section shall not exceed $12,000,000 in each taxable year. (h) The commissioner, in consultation with the department, shall prescribe regulations necessary to carry out the tax credit established under this section.

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An Act providing coverage for hearing aids

H1024

HD3777

{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-20T14:25:33.093'}

[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-20T14:25:33.0933333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T14:29:50.71'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-01T11:39:05.9666667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:46:25.2233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-02T16:20:26.4866667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-02T16:35:26.9866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T11:57:15.6066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T15:15:19.9566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T11:45:54.6933333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-05T11:08:08.3033333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-09-08T12:10:36.22'}]

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T14:25:33.093'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1024/DocumentHistoryActions

Bill

By Representatives Giannino of Revere and Garballey of Arlington, a petition (accompanied by bill, House, No. 1024) of Jessica Ann Giannino, Sean Garballey and others for legislation to provide health benefit plan coverage for hearing aids. Financial Services.

SECTION 1. Section 23 of chapter 32A of the General Laws, as amended by Chapter 233 of the Acts of 2014, is hereby amended by inserting the following paragraph:- Section 17L. The commission shall provide to any active or retired employee of the commonwealth or spouse/dependent who is insured under the group insurance commission, coverage for the cost of 1 hearing aid per hearing-impaired ear up to $500 and 80 percent coverage of the next $1,500 for each hearing aid, as defined in section 196 of chapter 112, every 36 months upon a written statement from the treating physician that the hearing aids are necessary regardless of etiology. Coverage under this section shall include all related services prescribed by a licensed audiologist or hearing instrument specialist, as defined in said section 196 of said chapter 112, including the initial hearing aid evaluation, fitting and adjustments and supplies, including ear molds. The insured may choose a higher priced hearing aid and may pay the difference in cost above the limit in this section without any financial or contractual penalty to the insured or to the provider of the hearing aid. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than other benefits provided by the insurer. Nothing in this section shall prohibit the commission from offering greater coverage for hearing aids than required by this section. This section shall also require coverage for such hearing aids under any non-group policy. SECTION 2. Section 47X of chapter 175 of the General Laws, as amended by Chapter 233 of the Acts of 2014, is hereby amended by adding the following paragraph:- (g) Any policy of accident and sickness insurance as described in section 108 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth; or any employees health and welfare fund that provides hospital expense and surgical expense benefits and that is delivered, issued or renewed to any person or group of people in the commonwealth, shall provide coverage for the cost of 1 hearing aid per hearing-impaired ear up to $500 and 80 percent coverage of the next $1,500 for each hearing aid , as defined in section 196 of chapter 112, every 36 months upon a written statement from the treating physician that the hearing aids are necessary regardless of etiology. Coverage under this section shall include all related services prescribed by a licensed audiologist or hearing instrument specialist, as defined in said section 196 of said chapter 112, including the initial hearing aid evaluation, fitting and adjustments and supplies, including ear molds. The insured may choose a higher priced hearing aid and may pay the difference in cost above the limit in this section without any financial or contractual penalty to the insured or to the provider of the hearing aid. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer. Nothing in this section shall prohibit an insurer from offering greater coverage for hearing aids than required by this section. This section shall also require coverage for hearing aids under any non-group policy. SECTION 3. Section 8Y of chapter 176A of the General Laws, as amended by Chapter 233 of the Acts of 2014, is hereby amended by adding the following paragraph:- (g) Any contracts, except contracts providing supplemental coverage to Medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed in the commonwealth shall provide as benefits to all individual subscribers or members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage for the cost of 1 hearing aid per hearing-impaired ear up to $500 and 80 percent coverage of the next $1,500 for each hearing aid , as defined in section 196 of chapter 112, every 36 months upon a written statement from the treating physician that the hearing aids are necessary regardless of etiology. Coverage under this section shall include all related services prescribed by a licensed audiologist or hearing instrument specialist, as defined in said section 196 of said chapter 112, including the initial hearing aid evaluation, fitting and adjustments and supplies, including ear molds. The insured may choose a higher priced hearing aid and may pay the difference in cost above the limit in this section without any financial or contractual penalty to the insured or to the provider of the hearing aid. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer. Nothing in this section shall prohibit a corporation from offering greater coverage for hearing aids than required by this section. This section shall also require coverage for such hearing aids under any non-group policy. SECTION 4. Chapter 176B of the General Laws, as amended by Chapter 233 of the Acts of 2014, is hereby amended by inserting, after section 4DD, the following section:- Section 4FF. Any subscription certificate under an individual or group medical service agreement, except certificates which provide supplemental coverage to Medicare or other governmental programs, that shall be delivered, issued or renewed within the commonwealth shall provide as benefits to all individual subscribers or members within the commonwealth and to all group members having a principal place of employment in the commonwealth, coverage for the cost of 1 hearing aid per hearing-impaired ear up to $500 and 80 percent coverage of the next $1,500 for each hearing aid , as defined in section 196 of chapter 112, every 36 months upon a written statement from the treating physician that the hearing aids are necessary regardless of etiology. Coverage under this section shall include all related services prescribed by a licensed audiologist or hearing instrument specialist, as defined in said section 196 of said chapter 112, including the initial hearing aid evaluation, fitting and adjustments and supplies, including ear molds. The insured may choose a higher priced hearing aid and may pay the difference in cost above the limit in this section without any financial or contractual penalty to the insured or to the provider of the hearing aid. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer. Nothing in this section shall prohibit an insurer from offering greater coverage for hearing aids than required by this section. This section shall also require coverage for such hearing aids under any non-group policy. SECTION 5. Section 4N of chapter 176G of the General Laws, as amended by Chapter 233 of the Acts of 2014, is hereby amended by adding the following paragraph:- An individual or group health maintenance contract, except contracts providing supplemental coverage to Medicare or other governmental programs, shall provide coverage and benefits for the cost of 1 hearing aid per hearing-impaired ear up to $500 and 80 percent coverage of the next $1,500 for each hearing aid , as defined in section 196 of chapter 112, every 36 months upon a written statement from the treating physician that the hearing aids are necessary regardless of etiology. Coverage under this section shall include all related services prescribed by a licensed audiologist or hearing instrument specialist, as defined in said section 196 of said chapter 112, including the initial hearing aid evaluation, fitting and adjustments and supplies, including ear molds. The insured may choose a higher priced hearing aid and may pay the difference in cost above the limit in this section without any financial or contractual penalty to the insured or to the provider of the hearing aid. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer. Nothing in this section shall prohibit an insurer from offering greater coverage for hearing aids than required by this section. This section shall also require coverage for such hearing aids under any non-group policy. SECTION 6. This act shall apply to all policies, contracts and certificates of health insurance subject to section 23 of chapter 32A of the General Laws, section 47U of chapter 175 of the General Laws, section 8U of chapter 176A of the General Laws, section 4EE of chapter 176B of the General Laws and section 4N of chapter 176G of the General Laws which are delivered, issued or renewed on or after January 1, 2014.

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An Act to promote cancer screenings for firefighters

H1025

HD559

{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-13T13:21:50.523'}

[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-13T13:21:50.5233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-23T18:07:26.4933333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-02T16:20:49.5466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-03T15:15:26.0066667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T11:37:12.4966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T11:46:09.3733333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T18:59:52.6366667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-05T11:08:30.4966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1025/DocumentHistoryActions

Bill

By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 1025) of Jessica Ann Giannino and others relative to insurance coverage for lung cancer screenings for firefighters. Financial Services.

Chapter 41 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 101A the following section:- Section 101B. (a) Any permanent, full-time, call, volunteer, intermittent, part-time or reserve firefighter may participate in any initial cancer screening or subsequent cancer screening or evaluation as recommended by the American Cancer Society upon the referral of such firefighter’s primary care physician. Such screenings shall be deemed to be medically necessary for the purposes of coverage by any insurance plan, including but not limited to any such firefighter insured under chapter 32A, 175, 176A, 176B or 176G or any other general or special law. (b) All cancer screening services performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement.

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An Act to provide homeowners with fair insurance premiums

H1026

HD2949

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:17:08.377'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:17:08.3766667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:24:53.9233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1026/DocumentHistoryActions

Bill

By Representative González of Springfield, a petition (accompanied by bill, House, No. 1026) of Carlos González and Bud L. Williams relative to insurance premiums for homeowners. Financial Services.

Section 5 of chapter 175A of the General Laws is hereby amended by inserting after the word “expenses”, in line 26, the following words:- An insurer shall not adjust the rate of a homeowner policy because on a claim of fire, theft, storm or water damage where the insured is found to be not at fault.

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An Act relative to homeowners’ insurance complaint education

H1027

HD2956

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:20:42.447'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:20:42.4466667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:24:16.1633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1027/DocumentHistoryActions

Bill

By Representative González of Springfield, a petition (accompanied by bill, House, No. 1027) of Carlos González and Bud L. Williams relative to homeowners’ insurance complaint education. Financial Services.

Section 99 of chapter 175 of the General Laws in hereby amended by adding the following paragraph:- Seventeenth, a company shall print, on a policy or notice of renewal that informs the insured of a premium increase, information related to filing an insurance complaint with the division of insurance, including, but not limited to, the right of an insured to file a complaint regarding a change in premium or policy, phone number and contact information of the division of insurance consumer service unit and webpage of division of insurance where a complaint can be filed online. This information shall be included in the sentence immediately following the sentence containing the updated premium amount.

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An Act relative to community reinvestment goals for banks

H1028

HD3006

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:45:40.937'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:45:40.9366667'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:10:34.5233333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:37:59.94'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1028/DocumentHistoryActions

Bill

By Representative González of Springfield, a petition (accompanied by bill, House, No. 1028) of Carlos González, Bud L. Williams and Orlando Ramos relative to community reinvestment goals for banks. Financial Services.

The first paragraph of section 13 of chapter 167 of the General Laws is hereby amended by adding the following sentence:- Each report shall include goals included in the strategic plan and the most recent rating from the commissioner as required under 209 CMR 46.00.

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An Act relative to infertility insurance coverage

H1029

HD4020

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T16:08:33.18'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T16:08:33.18'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-23T09:41:50.2033333'}]

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Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1029) of Kenneth I. Gordon and Lindsay N. Sabadosa relative to mandating infertility insurance coverage. Financial Services.

SECTION 1. Chapter 46 of the General Laws is hereby amended by striking out section 4B, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 4B. Any child born to a married individual as a result of artificial insemination with the consent of their spouse shall be considered the legitimate child of the parent and such spouse. SECTION 2. Section 47H of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences and inserting in place thereof the following 3 sentences:- For purposes of this section, “infertility” shall mean (i) the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the individual is age 35 or younger or during a period of 6 months if the individual is over the age of 35; (ii) the condition of an individual who is unable to conceive after 12 failed attempts of intrauterine insemination under medical supervision if the individual is age 35 or younger or after 6 failed attempts of intrauterine insemination under medical supervision if the individual is over the age of 35; or (iii) the presence of a demonstrated condition recognized by a licensed physician and surgeon as a cause of infertility. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time they attempted to conceive prior to achieving pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable. No insurer providing coverage pursuant to this section shall discriminate based on an individual’s expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions, nor on the basis of age, race, color, religious creed, national origin, sex, sexual orientation, marital status or gender identity. SECTION 3. Section 8K of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences and inserting in place thereof the following 3 sentences:- For purposes of this section, “infertility” shall mean (i) the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the individual is age 35 or younger or during a period of 6 months if the individual is over the age of 35; (ii) the condition of an individual who is unable to conceive after 12 failed attempts of intrauterine insemination under medical supervision if the individual is age 35 or younger or after 6 failed attempts of intrauterine insemination under medical supervision if the individual is over the age of 35; or (iii) the presence of a demonstrated condition recognized by a licensed physician and surgeon as a cause of infertility. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time they attempted to conceive prior to achieving pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable. No contract providing coverage pursuant to this section shall discriminate based on an individual’s expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions, nor on the basis of age, race, color, religious creed, national origin, sex, sexual orientation, marital status or gender identity. SECTION 4. Section 4J of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences and inserting in place thereof the following 3 sentences:- For purposes of this section, “infertility” shall mean (i) the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the individual is age 35 or younger or during a period of 6 months if the individual is over the age of 35; (ii) the condition of an individual who is unable to conceive after 12 failed attempts of intrauterine insemination under medical supervision if the individual is age 35 or younger or after 6 failed attempts of intrauterine insemination under medical supervision if the individual is over the age of 35; or (iii) the presence of a demonstrated condition recognized by a licensed physician and surgeon as a cause of infertility. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time they attempted to conceive prior to achieving pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable. No subscription certificate providing coverage pursuant to this section shall discriminate based on an individual’s expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions, nor on the basis of age, race, color, religious creed, national origin, sex, sexual orientation, marital status or gender identity.

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An Act dedicating one-percent of the recreational marijuana excise tax to youth substance use prevention

H103

HD1099

{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:58:54.233'}

[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:58:54.2333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H103/DocumentHistoryActions

Bill

By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 103) of Bruce J. Ayers relative to dedicating one-percent of the recreational marijuana excise to youth substance use prevention. Cannabis Policy.

SECTION 1. Section 4 of chapter 334 of the acts of 2016 is hereby amended, in section 2, by striking out the word “3.75” and inserting in place thereof the following word:- 4.75 SECTION 2. Section 4 of chapter 334 of the acts of 2016 is hereby amended, in section 2, by inserting the following at the end thereof: One percent of the tax imposed under this section shall be deposited into the Prevention and Wellness Trust Fund for the cost of evidence-based public health programs dedicated to primary prevention of youth substance use.

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An Act relative to human donor milk coverage

H1030

HD966

{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T17:13:04.097'}

[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T17:13:04.0966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1030/DocumentHistoryActions

Bill

By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1030) of Danielle W. Gregoire relative to human donor milk insurance coverage. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 30 the following section: Section 31. (a) Any coverage offered by the commission to any active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for the provision of pasteurized donor human milk and donor human milk-derived products, provided that: (1) The covered person is an infant under the age of six months; (2) The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Public Health; and (3) A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who: (i) Is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities and/or caloric density or participate in breastfeeding despite optimal lactation support; and (ii) Meets any of the following conditions: (a) A body weight below healthy levels determined by the licensed medical practitioner; (b) A congenital or acquired condition that places the infant at a high risk for development of necrotizing enterocolitis; or (c) A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Public Health. (b) Reimbursement provided under subsection (a) of this section for donor human milk and donor human milk-derived products for an infant in an inpatient setting shall be provided separately from the existing hospital payment for inpatient services. SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 10N the following section: Section 10O. (a) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the provision of pasteurized donor human milk and donor human milk-derived products, provided that: (1) The covered person is an infant under the age of six months; (2) The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Public Health; and (3) A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who: (i) Is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities and/or caloric density or participate in breastfeeding despite optimal lactation support; and (ii) Meets any of the following conditions: (a) A body weight below healthy levels determined by the licensed medical practitioner; (b) A congenital or acquired condition that places the infant at a high risk for the development of necrotizing enterocolitis; or (c) A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Public Health. (b) Reimbursement provided under subsection (a) of this section for donor human milk and donor human milk-derived products for an infant in an inpatient setting shall be provided separately from the existing hospital payment for inpatient services. SECTION 3. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47PP the following: Section 47QQ. (a) An individual policy of accident and sickness insurance issued pursuant to section 108 and sickness insurance issued pursuant to section 110 shall provide benefits for residents of the Commonwealth and all group members having a principal place of employment within the Commonwealth coverage for the provision of pasteurized donor human milk and donor human milk-derived products, provided that: (1) The covered person is an infant under the age of six months; (2) The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Public Health; and (3) A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who: (i) Is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities and/or caloric density or participate in breastfeeding despite optimal lactation support; and (ii) Meets any of the following conditions: (a) A body weight below healthy levels determined by the licensed medical practitioner; (b) A congenital or acquired condition that places the infant at a high risk for the development of necrotizing enterocolitis; or (c) A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Public Health. (b) Reimbursement provided under subsection (a) of this section for donor human milk and donor human milk-derived products for an infant in an inpatient setting shall be provided separately from the existing hospital payment for inpatient services. SECTION 4. Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 8QQ the following: Section 8RR. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within or without the Commonwealth shall provide to all individual subscribers and members within the Commonwealth and to all group members having a principal place of employment within the Commonwealth coverage for the provision of pasteurized donor human milk and donor human milk-derived products, provided that: (1) The covered person is an infant under the age of six months; (2) The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Public Health; and (3) A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who: (i) Is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities and/or caloric density or participate in breastfeeding despite optimal lactation support; and (ii) Meets any of the following conditions: (a) A body weight below healthy levels determined by the licensed medical practitioner; (b) A congenital or acquired condition that places the infant at a high risk for the development of necrotizing enterocolitis; or (c) A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Public Health. (b) Reimbursement provided under subsection (a) of this section for donor human milk and donor human milk-derived products for an infant in an inpatient setting shall be provided separately from the existing hospital payment for inpatient services. SECTION 5. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4QQ the following: Section 4RR. (a) Any subscription certificate under an individual or group medical service agreement that is delivered, issued or renewed within or without the Commonwealth shall provide to all individual subscribers and members within the Commonwealth and to all group members having a principal place of employment within the Commonwealth coverage for the provision of pasteurized donor human milk and donor human milk-derived products, provided that: (1) The covered person is an infant under the age of six months; (2) The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Public Health; and (3) A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who: (i) Is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities and/or caloric density or participate in breastfeeding despite optimal lactation support; and (ii) Meets any of the following conditions: (a) A body weight below healthy levels determined by the licensed medical practitioner; (b) A congenital or acquired condition that places the infant at a high risk for the development of necrotizing enterocolitis; or (c) A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Public Health. (b) Reimbursement provided under subsection (a) of this section for donor human milk and donor human milk-derived products for an infant in an inpatient setting shall be provided separately from the existing hospital payment for inpatient services. SECTION 6. Chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4GG the following: Section 4HH: (a) Any individual or group health maintenance contract that is issued, renewed or delivered within or without the Commonwealth shall provide to residents of the Commonwealth and to persons having a principal place of employment within the Commonwealth coverage for the provision of pasteurized donor human milk and donor human milk-derived products, provided that: (1) The covered person is an infant under the age of six months; (2) The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Public Health; and (3) A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who: (i) Is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities and/or caloric density or participate in breastfeeding despite optimal lactation support; and (ii) Meets any of the following conditions: (a) A body weight below healthy levels determined by the licensed medical practitioner; (b) A congenital or acquired condition that places the infant at a high risk for the development of necrotizing enterocolitis; or (c) A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Public Health. (b) Reimbursement provided under subsection (a) of this section for donor human milk and donor human milk-derived products for an infant in an inpatient setting shall be provided separately from the existing hospital payment for inpatient services. SECTION 7. Sections 1 through 6 of this act shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, chapter 118E, chapter 175, chapter 176A, chapter 176B, and chapter 176G which are delivered, issued or renewed on or after September 1, 2023.

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An Act to redirect excessive health insurer reserves to support health care needs

H1031

HD1856

{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-18T20:45:51.39'}

[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-18T20:45:51.39'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-31T13:38:04.3866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1031/DocumentHistoryActions

Bill

By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1031) of Danielle W. Gregoire and Mindy Domb that the Division of Insurance be authorized to impose an assessment to support expenses associated with the delivery of health care services. Financial Services.

Section 1. Chapter 175 of the General Laws is hereby amended by inserting the following new section:- Section XX. (a) A carrier, as defined in Section 1 of Chapter 176Oof the General Laws, that shall pay an assessment to support expenses associated with the delivery of health care services. Such assessment shall be based on the net worth surplus available to health insurance carriers exceeding 525% of risk-based capital in accordance with criteria developed by the division, in consultation with the center for health information and analysis and the executive office of health and human services. The division shall specify by regulation the method of calculating the assessment, procedures for payment of the assessment, and requirements for submission of data by health insurers. (b) The division shall establish by regulation the mechanism for enforcing the assessment liability under this section in the event that a carrier does not make a scheduled payment, but the division may, for the purpose of administrative simplicity, establish threshold liability amounts below which enforcement may be modified or waived. This enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month. (c) The amount of the assessment established by division of insurance in subsection (a) shall be sufficient, in the aggregate, to generate $300,000,000. (d) The division, in consultation with the comptroller and the secretary of administration and finance, shall transfer $150,000,000 to the Behavioral Health Trust Fund established in chapter 102 of the Acts of 2021 and $150,000,000 to the COVID-19 Public Health Emergency Hospital Relief Trust Fund established in chapter 102 of the Acts of 2021. (e) Subsection (c) shall sunset on December 31, 2025.

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An Act relative to growth opportunities for state financial institutions

H1032

HD1453

{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T13:56:57.863'}

[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T13:56:57.8766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:36:00.9633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-04-28T10:27:29.4266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1032/DocumentHistoryActions

Bill

By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 1032) of Patricia A. Haddad and Sal N. DiDomenico relative to growth opportunities for state financial institutions. Financial Services.

SECTION 1. Section 15 of Chapter 167I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following two paragraphs:- Subject to the written approval of the commissioner, a bank may be dissolved and liquidate its affairs if authorized by a vote passed, at a meeting specially called to consider the subject, by at least 2/3 of the voting body of the bank. A committee of 3 members prescribed by the commissioner, shall liquidate the assets and after satisfying all debts of the bank shall distribute the remaining proceeds among those entitled thereon in proportion to their respective interests therein. If the liquidation of a mutual bank or stock bank is to be effected in whole or in part through the sale of any of its assets to and the assumption of its deposit and other liabilities, including all contingent liabilities, by a bank in mutual form or by a credit union as part of a business combination, the purchase and sale agreement must also be approved pursuant to section 8 of this chapter. The commissioner shall establish expedited liquidation procedures for such business combination transactions whereby the mutual bank or stock bank is dissolved immediately after the combination. However, if any liabilities will remain in the mutual bank or stock bank, the standard liquidation procedures shall apply. SECTION 2. Chapter 171 of the General Laws is hereby amended by adding after section 78A the following section:- Section 78B. A credit union may purchase in whole or in part any of the assets of and assume the deposit liabilities of any mutual bank or stock bank pursuant to section 8 of chapter 167I and the mutual bank or stock bank may be liquidated under the expedited procedures for such business combination transactions under section 15 of said chapter 167I. If the main office and branches of such bank are purchased, they shall become branches of the credit union without any other approval required. The depositors of such bank shall become members of the credit union within 2 years after such transaction is approved or for such longer period as may be approved by the commissioner.

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An Act to strengthen the state credit union charter

H1033

HD1503

{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T14:34:34.107'}

[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T14:34:34.1066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-04-28T10:26:48.16'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1033/DocumentHistoryActions

Bill

By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 1033) of Patricia A. Haddad relative to credit unions. Financial Services.

SECTION 1. The first paragraph of section 4 of chapter 167I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- Any 1 or more mutual banks or subsidiary banking institutions and any 1 or more credit unions may merge or consolidate into a single credit union upon terms approved by a vote of at least 2/3 of the board of each mutual bank and the board of directors of each credit union, and shall have been approved in writing by the commissioner. SECTION 2. Said chapter 167I is hereby further amended by inserting after section 12 the following section:- Section 121/2. By any votes required and the filing of such documents as the commissioner shall prescribe and under such terms and conditions as the commissioner may impose, a mutual bank, upon approval by the commissioner, shall be converted into a credit union chartered pursuant to chapter 171, and shall not, in connection with or upon such conversion, be subject to the requirements of the General Laws with respect to the organization and commencement of business of such a credit union. The depositors of any mutual bank shall become members of the credit union within 2 years after such transaction is approved or for such longer period as may be approved by the commissioner. A mutual bank so converted into a credit union shall have 2 years after such transaction is approved or for such longer period as may be approved by the commissioner to dispose of any asset or investment that is not permissible for a credit union. If permissible under federal law, a mutual federal savings bank or a mutual federal savings and loan association may also convert into a credit union under this section. SECTION 3. Section 57 of chapter 171 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph. SECTION 4. Section 67 of said chapter 171, as so appearing, is hereby amended by adding after clause (v) the following 4 clauses:- (w) in asset-backed securities in an aggregate amount not to exceed 10% of the assets of a credit union; (x) in the shares, stocks, or obligations of any organization organized and operated for the purpose of providing services which are closely related to banking as determined by the commissioner in an aggregate amount not to exceed 10% of the assets of a credit union provided, however, that such authority does not include the power to acquire control directly or indirectly, another financial institution, nor invest in shares, stocks or obligations of an insurance company, trade association, liquidity facility or any other similar organization, corporation, or association not otherwise permitted by chapter 171 of the general laws; (y) to participate in the activities of the Massachusetts Capital Growth Corporation created under chapter 40W by making capital available to the corporation by making an investment or deposit in or grant to said corporation, an affiliate or subsidiary of said corporation or any fund managed by said corporation in an aggregate amount not to exceed 10% of the assets of a credit union; and (z) a credit union may or in participation with a federal credit union or foreign credit union, as defined in section 1 of chapter 171, invest in, establish, operate or subscribe for services from another federal credit union, out-of-state credit union or any other business entity for the purpose of obtaining for or furnishing to the credit union technology, trust services, financial planning, compliance, internal audits, human resource or other operation functions, management staff or other banking services. SECTION 5. Said chapter 171 is hereby further amended by striking out section 78A, as so appearing, and inserting in place thereof the following section:- Section 78A. Any 1 or more credit unions, as defined in section 1 of chapter 171, may merge or consolidate with 1 or more savings banks, as defined in section 1 of chapter 168, or 1 or more co-operative banks, as defined in section 1 of chapter 170, or 1 or more subsidiary banking institutions, as defined in section 1 of chapter 167H and section 4 of chapter 167I, with either as the surviving corporation. SECTION 6. Said chapter 171 is hereby further amended by striking out section 80A and inserting in place thereof the following section:- Section 80A. (a) A credit union subject to this section may convert into a mutual savings bank governed by chapter 168, a mutual co-operative bank governed by chapter 170, a mutual federal savings bank or a mutual federal savings and loan association which exist under authority of the United States. A mutual savings bank governed by chapter 168 or a mutual co-operative bank governed by chapter 170 may convert into a credit union. If permissible under federal law, a mutual federal savings bank or a mutual federal savings and loan association may also convert into a credit union. The conversion shall comply with all applicable federal laws and regulations. A credit union insured by the Massachusetts Credit Union Share Insurance Corporation shall file notification of its intent to convert with said corporation at least 90 days before the date of the proposed special meeting of the members of the credit union. A mutual savings or co-operative bank insured by the Depositors Insurance Fund shall file notification of its intent to convert with said fund at least 90 days before the date of the proposed special meeting of the corporators or shareholders of the mutual savings or cooperative bank. No credit union, mutual savings bank, or co-operative bank may convert pursuant to this section so long as any financial assistance provided by the Depositors Insurance Fund or the Massachusetts Credit Union Share Insurance Corporation to such credit union, mutual savings bank, or co-operative bank remains unpaid or has not been compromised or settled. Any such repayment, compromise or settlement shall be approved by the commissioner. (b) A mutual savings bank, co-operative bank or credit union shall file with the commissioner, at the same time, notices, disclosures and communications required by or sent to the National Credit Union Administration or the Federal Deposit Insurance Corporation. The commissioner may require changes and additions to said notices, disclosures or communications, except as required by federal law or regulation. (c) A mutual savings bank, co-operative bank or credit union that is adequately capitalized and has received at least a satisfactory rating in its most recent examination for compliance with the Community Reinvestment Act may submit a plan of conversion approved by a 2/3 vote of the entire board of directors or trustees to the commissioner. Unless waived by the commissioner, the plan shall include but not be limited to: (1) a 3 year business plan for the appropriate chartered mutual savings bank, co-operative bank or credit union which shall include pro forma financial statements; (2) a commitment by the converting credit union that it will not convert to a stock form before the expiration of 1 year of the effective date of the conversion to a mutual savings bank or co-operative bank charter; (3) an estimated budget for conversion expenses; (4) financial statements for the most recently completed quarter; (5) if applicable, the procedures and timing for termination of excess deposit insurance from the Massachusetts Credit Union Share Insurance Corporation or the Depositors Insurance Fund; and (6) other relevant information that the commissioner may reasonably require. (d) Included with the plan shall be an information statement to be sent to corporators, shareholders or members which shall fully and fairly disclose all significant terms and steps to be taken for the conversion and shall include but not be limited to: (1) a statement as to why the board is considering the conversion; (2) a statement of the major positive and negative business effects of the proposed conversion; (3) the impact on the member’s financial and other interests in the credit union; (4) in the case of a credit union converting to a mutual savings bank or co-operative bank, (a) a disclosure that the conversion from a credit union to a mutual savings bank or co-operative bank could lead to a member losing ownership interest in the credit union if the mutual savings bank or co-operative bank subsequently converts to a stock institution and the member does not become a stockholder; and (b) a disclosure of any conversion related economic benefit a director or senior management official may receive including receipt of or an increase in compensation and an explanation of any foreseeable stock related benefits associated with a subsequent conversion to a stock institution. The explanation of stock related benefits shall include a comparison of the opportunities to acquire stock that are available to officials and employees, with those opportunities available to the general membership. (e) A converting credit union shall file with the commissioner a plan of conversion and an information statement at least 120 days before the date of the proposed special meeting of the members. The commissioner may require reasonable changes to the plan of conversion and information statement. The commissioner may also require any equitable disclosure he determines applicable to the proposed conversion. The commissioner may specify the form, type and other material aspects of the plan of conversion and information statement to be sent to members except to the extent that it does not conflict with federal law or regulation. (f) The commissioner shall review the contents of the plan before the board of directors of the credit union presents the conversion plan to the members for a vote. The commissioner shall authorize the distribution of the conversion plan and information statement only if the commissioner is satisfied of all of the following: (1) the plan discloses to the members information concerning the advantages and disadvantages of the proposed conversion; (2) the information statement discloses the impact on the member’s financial and other interests in the credit union; and (3) the conversion would not be made to circumvent a pending supervisory action that is initiated by the commissioner or other regulatory agency because of a concern over the safety and soundness of the credit union. (g) The commissioner shall render a decision within 30 days from the date of the filing of the plan or any amendment thereof. Upon authorization by the commissioner of the distribution of the contents of the conversion plan and information statement, the converting credit union shall call a special meeting of the members to vote on the conversion plan. At least 30 days before the special meeting, the converting credit union shall mail to each member a notice of the special meeting, the conversion plan and information statement. (h) The plan of conversion of a credit union shall be approved by a majority vote of those members voting. A member may vote on the proposal to convert in person or by electronic means at the special meeting held on the date set for the vote or by written ballot filed by the qualified voter. The vote on the conversion proposal shall be by secret ballot and conducted by an independent entity. The independent entity shall be a company with experience in conducting corporate elections. A director or officer of the converting credit union, or an immediate family member of a director or officer, shall not have an ownership interest in, or be employed by, the entity. (i) A converting credit union or an officer or director thereof shall not directly or indirectly give or offer or provide a chance to win a lottery or anything of substantial value, as determined by the commissioner, to the membership or a member of the credit union, for an action related to the conversion to a mutual bank or as an inducement to vote on the plan of conversion. (j) The provisions on notice to members and voting procedures in this section shall govern the process for converting to a mutual bank notwithstanding other provisions of this chapter or a by-law of the converting credit union to the contrary. (k) Certified copies of the results of the board of the converting mutual savings bank, co-operative bank or credit union meetings and votes of the membership meetings of the credit union shall be filed with the commissioner. The credit union shall also certify that the information statement, plan, and other written materials provided to members were identical to those materials considered satisfactory by the commissioner. (l) If the commissioner disapproves of the methods by which the membership votes were taken or the procedures applicable to the votes, the commissioner may direct that a new vote be taken. If the commissioner does not disapprove of the methods by which the membership vote was taken within 10 days after the notification is given, the vote shall be considered approved. (m) If the conversion to a mutual savings bank or co-operative bank is approved by the credit union members or if the conversion to a credit union is approved by the boards of a mutual savings or co-operative bank and the commissioner receives notification from the converting mutual savings bank, co-operative bank or credit union that approvals required under state and federal law and regulations, including approvals needed for deposit insurance by the Federal Deposit Insurance Corporation or the National Credit Union Administration have been obtained, and that any waiting period prescribed by federal law has expired, and in the case of conversion to a mutual savings or co-operative bank, it will become a member of the Depositors Insurance Fund and of the deposit insurance fund thereof, and further, in the case of conversion to a credit union, it will become a member of the Massachusetts Credit Union Share Insurance Corporation and of the share insurance fund thereof and has made all applicable payments thereto as determined by the commissioner, a certificate to transact business shall be issued by the commissioner as applicable. A conversion to a mutual savings, co-operative bank or a credit union under this section shall not be consummated until arrangements satisfactory to the Depositors Insurance Fund or to Massachusetts Credit Union Share Insurance Corporation, as applicable, have been made and notice thereof has been received by the commissioner. After receipt of the certificate to transact business, the converting mutual savings bank, co-operative bank or credit union shall promptly file the certificate and its articles of organization with the secretary of state. Upon the filing, the charter of the converting mutual savings bank, co-operative bank or credit union shall automatically cease and the converting mutual savings bank, co-operative bank or credit union shall become a mutual savings bank, co-operative bank or credit union. Upon the conversion, the converted mutual savings bank, co-operative bank or credit union shall possess all of the rights, privileges and powers granted to it by its articles of organization and by the laws applicable to the type of mutual savings bank, co-operative bank or credit union charter into which it converted, and all of the assets and business of the converting mutual savings bank, co-operative bank or credit union shall be transferred to and vested in it without any deed or instrument of conveyance; but the converting mutual savings bank, co-operative bank or credit union may execute a deed or instrument of conveyance as is convenient to confirm the transfer. The converted mutual savings bank, co-operative bank or credit union shall be subject to all of the duties, relations, obligations and liabilities of the converting mutual savings bank, co-operative bank or credit union, whether as debtor, depository or otherwise, and shall be liable to pay and discharge the debts and liabilities, to perform all the duties in the same manner and to the same extent as if the converted mutual savings bank, co-operative bank or credit union had itself incurred the obligation or liability or assumed the duty or relation. Rights of creditors of the converting mutual savings bank, co-operative bank or credit union and liens upon the property of such mutual savings, co-operative bank or credit union shall be preserved unimpaired and the converted mutual savings bank, co-operative bank or credit union shall be entitled to receive, accept, collect, hold and enjoy all gifts, bequests, devises, conveyances and appointments in favor of or in the name of the converting mutual savings bank, co-operative bank or credit union and whether made or created to take effect before or after the conversion. (n) If the conversion to a mutual federal savings bank or a mutual federal savings and loan association is approved by the members the converting credit union shall provide notification to the commissioner that all approvals under state and federal law and regulations including approvals needed for deposit insurance by the Federal Deposit Insurance Corporation have been obtained and that any waiting period prescribed by federal law has expired and shall provide a certified copy of the approval of the federal mutual charter by the Office of Thrift Supervision or any successor agency thereto. Upon acceptance of the federal charter, the converting credit union's charter from the commonwealth shall cease to exist. (o) A person who willfully violates the disclosure provisions of this section knowing the disclosure made to be false or misleading in a material respect shall upon conviction be fined not more than $5,000 or imprisoned not more than 3 years, or both.

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An Act to allow municipalities to deposit in credit unions

H1034

HD1510

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1034/DocumentHistoryActions

Bill

By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 1034) of Patricia A. Haddad for legislation to authorize municipalities to invest in credit unions. Financial Services.

SECTION 1. Section 34 of chapter 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the words “federal savings banks”, in line 4, the following words:- federal credit unions, SECTION 2. Said section 34 of said chapter 29, as so appearing, is hereby further amended by striking out the words “and cooperative banks”, in line 6, and inserting in place thereof the following words:- , cooperative banks and credit unions SECTION 3. Section 54 of chapter 44 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “banks”, in line 15, the following words:- , or in paid up shares or deposits of credit unions, or in paid up shares or deposits of federal credit unions doing business in the commonwealth SECTION 4. Section 55 of said chapter 44, as so appearing, is hereby amended by inserting after the word “banks,” , in line 27, the following words:- credit unions or federal credit unions, SECTION 5. Section 55A of said chapter 44, as so appearing, is hereby amended by inserting after the words “savings bank,” in line 4 the following words:- credit unions or federal credit unions, SECTION 6. Section 29 of chapter 171 of the General Laws, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:- Notwithstanding any other provisions of law, any credit union or federal credit union may accept public funds pursuant to section 34 of chapter 29 and sections 54, 55 and 55A of chapter 44 as provided for therein; provided, however, that the total of such public funds received shall not exceed, at any time, twenty-five percent of the assets of the credit union or federal credit union.

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An Act to establish minimum reimbursement rate to insurance claimants

H1035

HD1950

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Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-13T15:02:44.1566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T18:57:16.1666667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-06T13:41:14.74'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:29:58.0033333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-31T12:55:55.1866667'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-31T12:08:34.1966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T10:55:38.1166667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-02-13T15:11:47.51'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-16T10:30:05.6266667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-07T09:34:14.2033333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T09:34:55.6333333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:41:33.8633333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-08T06:36:47.1133333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T13:11:07.63'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-03-09T08:26:10.4733333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-09T08:26:10.4733333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-09T08:26:10.4733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-09T08:26:10.4733333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-06-14T09:53:36.5033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1035/DocumentHistoryActions

Bill

By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1035) of James K. Hawkins and others for legislation to establish a set of minimum reimbursement rates for labor by insurers to claimants for first- or third-party motor vehicle insurance claims in the Commonwealth. Financial Services.

The purpose of this bill is to establish a set of minimum reimbursement rates for labor by insurers to claimants, for first- or third-party auto insurance claims in the Commonwealth. The newly calculated minimum reimbursement rate to the claimant will be determined by identifying the rate at the time of the Insurance Reform Act of 1988 adjusted to the rate of inflation to the time and promulgation of this bill becoming law. The newly established minimum reimbursement rates will be phased in over a two-year correction period, which will begin within 30 days of the promulgation of this law with an increase of one-half of the difference between current rates and the newly established rates. The remaining half of the increase will follow at the end of the next twelfth month. This second increase will include the rate of inflation for the previous twelve-month period. At the end of the two-year correction period, the minimum reimbursement rates to claimants will be adjusted yearly based upon the CPI for All Urban Consumers (CPI-U) Not Seasonally Adjusted, Northeast Region as published by the US Bureau of Labor and Statistics. Under no circumstances shall the reimbursement rate to the claimant be less than the aforementioned calculated amount. A negotiation above the minimum reimbursement rates set, for the benefit of the consumer, will be determined based on a set of criteria. The criteria for the negotiations shall be predicated upon, but not limited to the type of vehicle (standard, high-end, heavy-duty, commercial, and/or body composition materials) labor type (body, refinish, structural, frame, aluminum, mechanical or other), expertise, level of training, certifications, equipment and geographic area of the chosen registered repair shop. No insurer shall refuse to negotiate on the basis of their ability to obtain a price that they can secure from another licensed repair facility conveniently located to the claimant. Further, insurers are prohibited, other than by the means outlined in current laws and regulations, from suggesting, insisting, or overtly steering a claimant to use any specific registered repair facility to repair their damaged vehicle. The promulgation of this law setting a minimum reimbursement rate to the claimant shall not invalidate any of the requirements as set forth in the governing statutes including but not limited to the: MGL Chapter 26 Section 8G, Code of Massachusetts Regulations; 211 CMR 123, 211 CMR 133 or 212 CMR 2.0.

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An Act relative to increasing consumer access to licensed rehabilitation counselors

H1036

HD1952

{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-19T08:15:36.683'}

[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-19T08:15:36.6833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:30:57.7066667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:02:56.86'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-15T09:38:13.26'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1036/DocumentHistoryActions

Bill

By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1036) of James K. Hawkins and others relative to the definition of licensed mental health professionals under certain insurance laws. Financial Services.

SECTION 1. Section 22 of chapter 32A of the General Laws, is hereby amended by striking out the last paragraph, as most recently amended by section 1 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:-- For the purposes of this section, "licensed mental health professional" shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, a licensed marriage and family therapist or a licensed rehabilitation counselor within the lawful scope of practice for such therapist. SECTION 2. Section 47B of chapter 175 of the General Laws is hereby amended by striking out the next to last paragraph, as most recently amended by section 2 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:-- For the purposes of this section, "licensed mental health professional" shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, a licensed marriage and family therapist, or a licensed rehabilitation counselor within the lawful scope of practice for such therapist. SECTION 3. Section 8A of chapter 176A of the General Laws is hereby amended by striking out the next to last paragraph, as most recently amended by section 4 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:-- For the purposes of this section, "licensed mental health professional" shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, a licensed marriage and family therapist, or a licensed rehabilitation counselor within the lawful scope of practice for such therapist. SECTION 4. Section 4A of 176B of the General Laws is hereby amended by striking out the next to last paragraph, as most recently amended by section 6 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:-- For the purposes of this section, "licensed mental health professional" shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, a licensed marriage and family therapist, or a licensed rehabilitation counselor within the lawful scope of practice for such therapist. SECTION 5. Section 4M of 176G of the General Laws is hereby amended by striking out the next to last paragraph, as most recently amended by section 10 of chapter 80 of the acts of 2000, and inserting in place thereof the following paragraph:-- For the purposes of this section, "licensed mental health professional" shall mean a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist, a licensed marriage and family therapist, or a licensed rehabilitation counselor within the lawful scope of practice for such therapist.

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An Act relative to trans-inclusive health care access

H1037

HD1289

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T12:29:42.55'}

[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T12:29:42.55'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T12:30:05.3933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T19:49:55.9033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-23T19:49:55.9033333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T10:35:12.4933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:54:07.28'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T11:25:02.25'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T10:52:38.5466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-24T14:32:55.12'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-22T11:44:26.87'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T15:11:43.5433333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-28T07:50:42.2466667'}]

{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T12:29:42.55'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1037/DocumentHistoryActions

Bill

By Representatives Higgins of Leominster and Barber of Somerville, a petition (accompanied by bill, House, No. 1037) of Natalie M. Higgins, Christine P. Barber and others relative to trans-inclusive health care access. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following section:- Section 17S. The commission shall not reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the commission require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care. For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:- Section 10O. The division shall not reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the division require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care. For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:- Section 47OO. No insurer or producer authorized to issue policies of insurance pursuant to sections 108 or 110 shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the insurer or producer require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care. For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:- Section 8PP. No corporation subject to this chapter shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the corporation require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care. For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:- Section 4PP. No corporation subject to this chapter shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the corporation require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care. For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:- Section 4HH. No health maintenance organization subject to this chapter, and no officer or agent thereof, shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the health maintenance organization require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care. For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.

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An Act relative to mental health providers

H1038

HD738

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:57:04.637'}

[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:57:04.6366667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:56:29.2466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:58:57.1866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1038/DocumentHistoryActions

Bill

By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1038) of Natalie M. Higgins, James K. Hawkins and Colleen M. Garry relative to mental health providers and insurance coverage. Financial Services.

SECTION 1. Section 22 of Chapter 32A is hereby amended by adding at the end thereof the following:-or a licensed occupational therapist or occupational therapy assistant. SECTION 2. Section 47B of Chapter 175 is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant SECTION 3. Section 8A of Chapter 176A is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant SECTION 4. Section 4A of Chapter 176B is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant SECTION 5. Section 4M of Chapter 176G is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant

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An Act providing insurance coverage for Alfi’s syndrome

H1039

HD757

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:14:04.643'}

[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:14:04.6433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1039/DocumentHistoryActions

Bill

By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1039) of Natalie M. Higgins relative to insurance coverage for Alfi’s syndrome. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:- Section 28. (a) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise: “Actuary”, a person who is a member of American Academy of Actuaries and meets the academy’s professional qualification standards for rendering an actuarial opinion related to health insurance rate making. “Applied behavior analysis”, the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior. “Alfi’s syndrome services provider”, a person, entity or group that provides treatment of Alfi’s syndrome. “Alfi’s syndrome”, a genetic condition also known as 9p deletion syndrome or monosomy 9p. “Board certified behavior analyst”, a behavior analyst credentialed by the behavior analyst certification board as a board certified behavior analyst. “Diagnosis of Alfi’s syndrome”, medically necessary assessments, evaluations including neuropsychological evaluations, genetic testing or other tests to diagnose whether an individual has Alfi’'s syndrome. “Habilitative or rehabilitative care”, professional, counseling and guidance services and treatment programs, including, but not limited to, applied behavior analysis supervised by a board certified behavior analyst, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual. “Pharmacy care”, medications prescribed by a licensed physician and health-related services deemed medically necessary to determine the need or effectiveness of the medications, to the same extent that pharmacy care is provided by the insurance policy for other medical conditions. “Psychiatric care”, direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices. “Psychological care”, direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices. “Therapeutic care”, services provided by licensed or certified speech therapists, occupational therapists, physical therapists or social workers. “Treatment of Alfi’s syndrome”, includes the following care prescribed, provided or ordered for an individual diagnosed with Alfi’s syndrome by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care. (b) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission benefits on a nondiscriminatory basis for the diagnosis and treatment of Alfi’s syndrome in individuals. (c) A health plan provided by the commission shall be in compliance with subsection (b) if the plan does not contain an annual or lifetime dollar or unit of service limitation on coverage for the diagnosis and treatment of Alfi’s syndrome which is less than an annual or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and treatment of physical conditions. (d) This section shall not limit benefits that are otherwise available to an individual under a health insurance policy. (e) Coverage under this section shall not be subject to a limit on the number of visits an individual may make to an Alfi’s syndrome services provider. (f) This section shall not affect an obligation to provide services to an individual under an individualized family service plan, an individualized education program or an individualized service plan. Services related to Alfi’s syndrome provided by school personnel under an individualized education program are not subject to reimbursement under this section. (g) An insurer, corporation or health maintenance organization shall be exempt for a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative care required under this section and not covered by the insurer, corporation or health maintenance organization as of December 31, 2021, if: (1) an actuary, affiliated with the insurer, corporation or health maintenance organization certifies in writing to the commissioner of insurance that: (i) based on an analysis to be completed not more than once annually by each insurer, corporation or health maintenance organization for the most recent experience period of at least 1 year’s duration, the annual costs associated with coverage of habilitative or rehabilitative care required under this section and not covered as of December 31, 2021, exceeded 1 per cent of the premiums charged over the experience period by the insurer, corporation or health maintenance organization; (ii) those costs solely would lead to an increase in average premiums charged of more than 1 per cent for all insurance policies, subscription contracts or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation or health maintenance organization employs; and (iii) the commissioner of insurance approves the certification of the actuary. (2) An exemption allowed under paragraph (1) shall apply for a 3-year coverage period following inception or next renewal date of all insurance policies, subscription contracts or health care plans issued or renewed during the 1-year period following the date of the exemption, after which the insurer, corporation or health maintenance organization shall again provide coverage for habilitative or rehabilitative care required under this section. (3) Notwithstanding the exemption allowed under paragraph (1), an insurer, corporation or health maintenance organization may elect to continue to provide coverage for habilitative or rehabilitative care required under this section. SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after section 47II the following section:- Section 47JJ. (a) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise: “Actuary”, a person who is a member of American Academy of Actuaries and meets the academy’s professional qualification standards for rendering an actuarial opinion related to health insurance rate making. “Applied behavior analysis”, the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior. “Alfi’s syndrome services provider”, a person, entity or group that provides treatment of Alfi’s syndrome. “Alfi’s syndrome”, a genetic condition also known as 9p deletion syndrome or monosomy 9p. “Board certified behavior analyst”, a behavior analyst credentialed by the behavior analyst certification board as a board certified behavior analyst. “Diagnosis of Alfi’s syndrome”, medically necessary assessments, evaluations including neuropsychological evaluations, genetic testing or other tests to diagnose whether an individual has Alfi’'s syndrome. “Habilitative or rehabilitative care”, professional, counseling and guidance services and treatment programs, including, but not limited to, applied behavior analysis supervised by a board certified behavior analyst, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual. “Pharmacy care”, medications prescribed by a licensed physician and health-related services deemed medically necessary to determine the need or effectiveness of the medications, to the same extent that pharmacy care is provided by the insurance policy for other medical conditions. “Psychiatric care”, direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices. “Psychological care”, direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices. “Therapeutic care”, services provided by licensed or certified speech therapists, occupational therapists, physical therapists or social workers. “Treatment of Alfi’s syndrome”, includes the following care prescribed, provided or ordered for an individual diagnosed with Alfi’s syndrome by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care. (b) An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth for the diagnosis and treatment of Alfi’s syndrome in individuals. (c) Such policy shall be in compliance with subsection (b) if the policy does not contain annual or lifetime dollar or unit of service limitation on coverage for the diagnosis and treatment of Alfi’s syndrome which is less than an annual or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and treatment of physical conditions. (d) This section shall not limit benefits that are otherwise available to an individual under a health insurance policy. (e) Coverage under this section shall not be subject to a limit on the number of visits an individual may make to an Alfi’s syndrome services provider. (f) This section shall not affect an obligation to provide services to an individual under an individualized family service plan, an individualized education program or an individualized service plan. Services related to Alfi’s syndrome provided by school personnel under an individualized education program are not subject to reimbursement under this section. (g) An insurer, corporation or health maintenance organization shall be exempt for a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative care required under this section and not covered by the insurer, corporation or health maintenance organization as of December 31, 2021, if: (1) an actuary, affiliated with the insurer, corporation or health maintenance organization certifies in writing to the commissioner of insurance that: (i) based on an analysis to be completed not more than once annually by each insurer, corporation or health maintenance organization for the most recent experience period of at least 1 year’s duration, the annual costs associated with coverage of habilitative or rehabilitative care required under this section and not covered as of December 31, 2021, exceeded 1 per cent of the premiums charged over the experience period by the insurer, corporation or health maintenance organization; (ii) those costs solely would lead to an increase in average premiums charged of more than 1 per cent for all insurance policies, subscription contracts or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation or health maintenance organization employs; and (iii) the commissioner of insurance approves the certification of the actuary. (2) An exemption allowed under paragraph (1) shall apply for a 3-year coverage period following inception or next renewal date of all insurance policies, subscription contracts or health care plans issued or renewed during the 1-year period following the date of the exemption, after which the insurer, corporation or health maintenance organization shall again provide coverage for habilitative or rehabilitative care required under this section. (3) Notwithstanding the exemption allowed under paragraph (1), an insurer, corporation or health maintenance organization may elect to continue to provide coverage for habilitative or rehabilitative care required under this section. SECTION 3. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK the following section:- Section 8LL. (a) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise: “Actuary”, a person who is a member of American Academy of Actuaries and meets the academy’s professional qualification standards for rendering an actuarial opinion related to health insurance rate making. “Applied behavior analysis”, the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior. “Alfi’s syndrome services provider”, a person, entity or group that provides treatment of Alfi’s syndrome. “Alfi’s syndrome”, a genetic condition also known as 9p deletion syndrome or monosomy 9p. “Board certified behavior analyst”, a behavior analyst credentialed by the behavior analyst certification board as a board certified behavior analyst. “Diagnosis of Alfi’s syndrome”, medically necessary assessments, evaluations including neuropsychological evaluations, genetic testing or other tests to diagnose whether an individual has Alfi’'s syndrome. “Habilitative or rehabilitative care”, professional, counseling and guidance services and treatment programs, including, but not limited to, applied behavior analysis supervised by a board certified behavior analyst, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual. “Pharmacy care”, medications prescribed by a licensed physician and health-related services deemed medically necessary to determine the need or effectiveness of the medications, to the same extent that pharmacy care is provided by the insurance policy for other medical conditions. “Psychiatric care”, direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices. “Psychological care”, direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices. “Therapeutic care”, services provided by licensed or certified speech therapists, occupational therapists, physical therapists or social workers. “Treatment of Alfi’s syndrome”, includes the following care prescribed, provided or ordered for an individual diagnosed with Alfi’s syndrome by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care. (b) A contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth for the diagnosis and treatment of Alfi’s syndrome in individuals. (c) Such contract shall be in compliance with subsection (b) if the contract does not contain annual or lifetime dollar or unit of service limitation on coverage for the diagnosis and treatment of Alfi’s syndrome which is less than an annual or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and treatment of physical conditions. (d) This section shall not limit benefits that are otherwise available to an individual under a health insurance policy. (e) Coverage under this section shall not be subject to a limit on the number of visits an individual may make to an Alfi’s syndrome services provider. (f) This section shall not affect an obligation to provide services to an individual under an individualized family service plan, an individualized education program or an individualized service plan. Services related to Alfi’s syndrome provided by school personnel under an individualized education program are not subject to reimbursement under this section. (g) An insurer, corporation or health maintenance organization shall be exempt for a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative care required under this section and not covered by the insurer, corporation or health maintenance organization as of December 31, 2021, if: (1) an actuary, affiliated with the insurer, corporation or health maintenance organization certifies in writing to the commissioner of insurance that: (i) based on an analysis to be completed not more than once annually by each insurer, corporation or health maintenance organization for the most recent experience period of at least 1 year’s duration, the annual costs associated with coverage of habilitative or rehabilitative care required under this section and not covered as of December 31, 2021, exceeded 1 per cent of the premiums charged over the experience period by the insurer, corporation or health maintenance organization; (ii) those costs solely would lead to an increase in average premiums charged of more than 1 per cent for all insurance policies, subscription contracts or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation or health maintenance organization employs; and (iii) the commissioner of insurance approves the certification of the actuary. (2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage period following inception or next renewal date of all insurance policies, subscription contracts or health care plans issued or renewed during the 1-year period following the date of the exemption, after which the insurer, corporation or health maintenance organization shall again provide coverage for habilitative or rehabilitative care required under this section. (3) Notwithstanding the exemption allowed under paragraph (1), an insurer, corporation or health maintenance organization may elect to continue to provide coverage for habilitative or rehabilitative care required under this section. SECTION 4. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK the following section:- Section 4LL. (a) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise: “Actuary”, a person who is a member of American Academy of Actuaries and meets the academy’s professional qualification standards for rendering an actuarial opinion related to health insurance rate making. “Applied behavior analysis”, the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior. “Alfi’s syndrome services provider”, a person, entity or group that provides treatment of Alfi’s syndrome. “Alfi’s syndrome”, a genetic condition also known as 9p deletion syndrome or monosomy 9p. “Board certified behavior analyst”, a behavior analyst credentialed by the behavior analyst certification board as a board certified behavior analyst. “Diagnosis of Alfi’s syndrome”, medically necessary assessments, evaluations including neuropsychological evaluations, genetic testing or other tests to diagnose whether an individual has Alfi’'s syndrome. “Habilitative or rehabilitative care”, professional, counseling and guidance services and treatment programs, including, but not limited to, applied behavior analysis supervised by a board certified behavior analyst, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual. “Pharmacy care”, medications prescribed by a licensed physician and health-related services deemed medically necessary to determine the need or effectiveness of the medications, to the same extent that pharmacy care is provided by the insurance policy for other medical conditions. “Psychiatric care”, direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices. “Psychological care”, direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices. “Therapeutic care”, services provided by licensed or certified speech therapists, occupational therapists, physical therapists or social workers. “Treatment of Alfi’s syndrome”, includes the following care prescribed, provided or ordered for an individual diagnosed with Alfi’s syndrome by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care. (b) A subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth for the diagnosis and treatment of Alfi’s syndrome in individuals. (c) Such certificate shall be in compliance with subsection (b) if the certificate does not contain annual or lifetime dollar or unit of service limitation on coverage for the diagnosis and treatment of Alfi’s syndrome which is less than an annual or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and treatment of physical conditions. (d) This section shall not limit benefits that are otherwise available to an individual under a health insurance policy. (e) Coverage under this section shall not be subject to a limit on the number of visits an individual may make to an Alfi’s syndrome services provider. (f) This section shall not affect an obligation to provide services to an individual under an individualized family service plan, an individualized education program or an individualized service plan. Services related to Alfi’s syndrome provided by school personnel under an individualized education program are not subject to reimbursement under this section. (g) An insurer, corporation or health maintenance organization shall be exempt for a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative care required under this section and not covered by the insurer, corporation or health maintenance organization as of December 31, 2021, if: (1) an actuary, affiliated with the insurer, corporation or health maintenance organization certifies in writing to the commissioner of insurance that: (i) based on an analysis to be completed not more than once annually by each insurer, corporation or health maintenance organization for the most recent experience period of at least 1 year’s duration, the annual costs associated with coverage of habilitative or rehabilitative care required under this section and not covered as of December 31, 2021, exceeded 1 per cent of the premiums charged over the experience period by the insurer, corporation or health maintenance organization; (ii) those costs solely would lead to an increase in average premiums charged of more than 1 per cent for all insurance policies, subscription contracts or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation or health maintenance organization employs; and (iii) the commissioner of insurance approves the certification of the actuary. (2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage period following inception or next renewal date of all insurance policies, subscription contracts or health care plans issued or renewed during the 1-year period following the date of the exemption, after which the insurer, corporation or health maintenance organization shall again provide coverage for habilitative or rehabilitative care required under this section. (3) Notwithstanding the exemption allowed under paragraph (1), an insurer, corporation or health maintenance organization may elect to continue to provide coverage for habilitative or rehabilitative care required under this section. SECTION 5. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC the following section:- Section 4DD. (a) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise: “Actuary”, a person who is a member of American Academy of Actuaries and meets the academy’s professional qualification standards for rendering an actuarial opinion related to health insurance rate making. “Applied behavior analysis”, the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior. “Alfi’s syndrome services provider”, a person, entity or group that provides treatment of Alfi’s syndrome. “Alfi’s syndrome”, a genetic condition also known as 9p deletion syndrome or monosomy 9p. “Board certified behavior analyst”, a behavior analyst credentialed by the behavior analyst certification board as a board certified behavior analyst. “Diagnosis of Alfi’s syndrome”, medically necessary assessments, evaluations including neuropsychological evaluations, genetic testing or other tests to diagnose whether an individual has Alfi’'s syndrome. “Habilitative or rehabilitative care”, professional, counseling and guidance services and treatment programs, including, but not limited to, applied behavior analysis supervised by a board certified behavior analyst, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual. “Pharmacy care”, medications prescribed by a licensed physician and health-related services deemed medically necessary to determine the need or effectiveness of the medications, to the same extent that pharmacy care is provided by the insurance policy for other medical conditions. “Psychiatric care”, direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices. “Psychological care”, direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices. “Therapeutic care”, services provided by licensed or certified speech therapists, occupational therapists, physical therapists or social workers. “Treatment of Alfi’s syndrome”, includes the following care prescribed, provided or ordered for an individual diagnosed with Alfi’s syndrome by a licensed physician or a licensed psychologist who determines the care to be medically necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care. (b) A health maintenance contract issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth for the diagnosis and treatment of Alfi’s syndrome in individuals. (c) Such health maintenance contract shall be in compliance with subsection (b) if the contract does not contain annual or lifetime dollar or unit of service limitation on coverage for the diagnosis and treatment of Alfi’s syndrome which is less than an annual or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and treatment of physical conditions. (d) This section shall not limit benefits that are otherwise available to an individual under a health insurance policy. (e) Coverage under this section shall not be subject to a limit on the number of visits an individual may make to an Alfi’s syndrome services provider. (f) This section shall not affect an obligation to provide services to an individual under an individualized family service plan, an individualized education program or an individualized service plan. Services related to Alfi’s syndrome provided by school personnel under an individualized education program are not subject to reimbursement under this section. (g) An insurer, corporation or health maintenance organization shall be exempt for a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative care required under this section and not covered by the insurer, corporation or health maintenance organization as of December 31, 2021, if: (1) an actuary, affiliated with the insurer, corporation or health maintenance organization certifies in writing to the commissioner of insurance that: (i) based on an analysis to be completed not more than once annually by each insurer, corporation or health maintenance organization for the most recent experience period of at least 1 year’s duration, the annual costs associated with coverage of habilitative or rehabilitative care required under this section and not covered as of December 31, 2021, exceeded 1 per cent of the premiums charged over the experience period by the insurer, corporation or health maintenance organization; (ii) those costs solely would lead to an increase in average premiums charged of more than 1 per cent for all insurance policies, subscription contracts or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation or health maintenance organization employs; and (iii) the commissioner of insurance approves the certification of the actuary. (2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage period following inception or next renewal date of all insurance policies, subscription contracts or health care plans issued or renewed during the 1-year period following the date of the exemption, after which the insurer, corporation or health maintenance organization shall again provide coverage for habilitative or rehabilitative care required under this section. (3) Notwithstanding the exemption allowed under paragraph (1), an insurer, corporation or health maintenance organization may elect to continue to provide coverage for habilitative or rehabilitative care required under this section. SECTION 6. All policies, contracts and certificates of health insurance subject to section 28 of chapter 32A, section 47JJ of chapter 175, section 8LL of chapter 176A, section 4LL of chapter 176B, and section 4DD of chapter 176G of the General Laws which are delivered, issued or renewed on or after January 1, 2020 shall conform with the provisions of this act. Form filings implementing this act shall be subject to the approval of the commissioner of insurance. SECTION 7. This act shall take effect on January 1, 2024.

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An Act relative to seeds

H104

HD4011

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:05:16.237'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:05:16.2366667'}]

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Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 104) of Michael S. Day relative to cannabis seeds. Cannabis Policy.

SECTION 1. Section 1 of Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 237 by striking the following words:- the seeds thereof; SECTION 2. Section 1 of Chapter 94C, as so appearing, is hereby further amended in lines 244 to 245 by striking out the words “or the sterilized seed of the plant which is incapable of germination” and replacing therein with the following words:- the sterilized seed of the plant which is incapable of germination, or the seeds of the plant Cannabis sativa L. SECTION 3. Section 1 of Chapter 94G of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended in lines 77 to 78 by striking the following words:- the seeds thereof; SECTION 4. Section 1 of Chapter 94G, as so appearing, is hereby further amended in line 89 after the word “products” the following words:- or (iv) the seeds of any plant of the genus Cannabis. SECTION 5. Section 1 of Chapter 94I of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended in line 45 by striking the following words:- “the seeds thereof;” SECTION 6. Section 1 of Chapter 94I, as so appearing, is hereby further amended in line 57 after the word “products” the following words:- or (iv) the seeds of any plant of the genus cannabis.

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An Act for health care non-discrimination

H1040

HD1927

{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:01:37.407'}

[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:01:37.4066667'}]

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Bill

By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1040) of Kevin G. Honan relative to establishing alternative payment arrangements to promote health care non-discrimination. Financial Services.

SECTION 1. Chapter 176O of the General Laws is amended by adding the following Section. Section 28. (a) When establishing alternative payment arrangements, a carrier may take into account patient population characteristics including age, acuity, social determinants of health, and behavioral health service needs. The measures of total medical expense used to establish an alternative payment arrangement should include expenses incurred by all providers in the carrier’s provider network, uniformly applied by provider type. When establishing alternative payment arrangements, a carrier shall not take into account provider prices or historic medical spending attributable only to a subset of its provider network or the historic medical expenses of members based on their attribution to specific providers in the carrier’s network. (b) In addition to the factors set forth in subsection (a) of this section, an alternative payment arrangement may include adjustments for claims processing and administrative costs and incentive payments based on attainment of quality measures or outcomes, as negotiated between a carrier and providers participating in the alternative payment arrangement. (c) Each carrier shall file with the center for health information and analysis data on its alternative payment arrangements sufficient for the verification of compliance with subsection (a) of this section, in a form determined by the center for health information and analysis. (d) A violation of subsection (a) or (c) of this section shall be a violation of Section __ of chapter 93A of the general laws. SECTION 2. Chapter 176O is amended by adding the following definition after the definition of adverse determination: “Alternative payment arrangement” means a contract between a carrier and a health care provider or group of providers under which payment is made by capitation, shared savings, reconcilation of fee-for-service payments against a global budget or per-member-per month target, or any other method that bases payments to the provider on a projection of the medical expenses to be incurred by a population of individuals.

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An Act relative to preserving fertility

H1041

HD1928

{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:03:21.257'}

[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:03:21.2566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-22T22:34:58'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-02T17:02:41.1633333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-11T15:27:02.57'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-04-07T11:00:40.6066667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-04-07T11:00:40.6066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-07T11:00:40.6066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-04-21T10:56:12.17'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T13:16:56.6533333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-07-24T09:18:40.5933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-07-24T09:18:40.5933333'}]

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Bill

By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1041) of Kevin G. Honan and others relative to insurance coverage for pregnancy-related procedures and standard fertility preservation services. Financial Services.

SECTION 1. Chapter 32A is hereby amended by inserting after section 17Q, inserted by section 24 of chapter 208 of the acts of 2018 the following section:- Section 17R. (a) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue. (b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. (c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. SECTION 2. Chapter 175 is hereby amended by inserting after section 47KK, inserted by section 81 of chapter 208 of the acts of 2018 the following section:- Section 47LL. (a) Any policy of accident and sickness insurance as described in section 108 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth; or any employees’ health and welfare fund that provides hospital expense and surgical expense benefits and that is delivered, issued or renewed to any person or group of persons in the commonwealth, shall provide to a commonwealth resident covered by the policy, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue. (b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. (c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. SECTION 3. Chapter 176A is hereby amended by inserting after section 8MM, inserted by section 85 of chapter 208 of the acts of 2018 the following section:- Section 8NN. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue. (b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. (c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. SECTION 4. Chapter 176B is hereby amended by inserting after section 4MM, inserted by section 88 of chapter 208 of the acts of 2018 the following section:- Section 4NN. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue. (b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. (c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. SECTION 5. Chapter 176G is hereby amended by inserting after section 4EE, inserted by section 91 of chapter 208 of the acts of 2018 the following section:- Section 4FF. (a) Any individual or group health maintenance contract shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue. (b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. (c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. SECTION 6. Chapter 176I is hereby amended by adding the following section:- Section 13. (a) An organization entering into a preferred provider contract that provides pregnancy-related benefits shall provide coverage, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue. (b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations. (c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.

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An Act relative to parity of treatment with substance abuse

H1042

HD2160

{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-10T12:02:58.38'}

[{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-10T12:02:58.38'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-30T16:49:18.0233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1042/DocumentHistoryActions

Bill

By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 1042) of Vanna Howard relative to substance abuse healthcare coverage. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17S the following section:- Section 17T. The commission shall provide, to an active or retired employee of the commonwealth who is insured under the group insurance commission, coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions. The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions. Nothing in this section shall require coverage for: (i) educational or correctional services or sheltered living provided by a school or halfway house; (ii) a long-term residential mental health program that lasts longer than 45 days; (iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present; (iv) a court-ordered sex offender treatment program. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10Q the following section:- Section 10R. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions. The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions. Nothing in this section shall require coverage for: (i) educational or correctional services or sheltered living provided by a school or halfway house; (ii) a long-term residential mental health program that lasts longer than 45 days; (iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present; (iv) a court-ordered sex offender treatment program. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:- Section 47UU. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions. The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions. Nothing in this section shall require coverage for: (i) educational or correctional services or sheltered living provided by a school or halfway house; (ii) a long-term residential mental health program that lasts longer than 45 days; (iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present; (iv) a court-ordered sex offender treatment program. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8UU the following section:- Section 8VV. A contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions. The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions. Nothing in this section shall require coverage for: (i) educational or correctional services or sheltered living provided by a school or halfway house; (ii) a long-term residential mental health program that lasts longer than 45 days; (iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present; (iv) a court-ordered sex offender treatment program. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section:- Section 4VV. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions. The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions. Nothing in this section shall require coverage for: (i) educational or correctional services or sheltered living provided by a school or halfway house; (ii) a long-term residential mental health program that lasts longer than 45 days; (iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present; (iv) a court-ordered sex offender treatment program. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section:- Section 4NN. Any individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions. The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions. Nothing in this section shall require coverage for: (i) educational or correctional services or sheltered living provided by a school or halfway house; (ii) a long-term residential mental health program that lasts longer than 45 days; (iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present; (iv) a court-ordered sex offender treatment program.

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An Act relative to breast cancer equity and early detection

H1043

HD2175

{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-10T11:57:51.61'}

[{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-10T11:57:51.61'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:00:29.4'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:55:51.7433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:34:11.5433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1043/DocumentHistoryActions

Bill

By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 1043) of Vanna Howard and others relative to breast cancer equity and early detection healthcare coverage. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 28 the following section:- Section 28A. Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission that provides medical expense coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms and diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” shall mean a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination or suspected based on the medical history or family medical history of the individual. For the purposes of this section, “examination for breast cancer” shall include an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound. For the purposes of this section, “cost sharing” shall mean a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10Q the following section:- Section 10R. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan or an accountable care organization shall provide coverage for diagnostic examinations for breast cancer on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms and diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” shall mean a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination or suspected based on the medical history or family medical history of the individual. For the purposes of this section, “examination for breast cancer” shall include an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound. For the purposes of this section, “cost sharing” shall mean a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:- Section 47UU. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms and diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” shall mean a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination or suspected based on the medical history or family medical history of the individual. For the purposes of this section, “examination for breast cancer” shall include an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound. For the purposes of this section, “cost sharing” shall mean a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8UU the following section: - Section 8VV. A contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms and diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” shall mean a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination or suspected based on the medical history or family medical history of the individual. For the purposes of this section “examination for breast cancer” shall include an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound. For the purposes of this section, “cost sharing” shall mean a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section: - Section 4VV. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms and diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” shall mean a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination or suspected based on the medical history or family medical history of the individual. For the purposes of this section, “examination for breast cancer” shall include an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound. For the purposes of this section, “cost sharing” shall mean a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section: - Section 4NN. Any individual or group health maintenance contract that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms and diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” shall mean a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination or suspected based on the medical history or family medical history of the individual. For the purposes of this section, “examination for breast cancer” shall include an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound. For the purposes of this section, “cost sharing” shall mean a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. SECTION 7. The provisions of this act shall be effective for all contracts that are entered into, renewed or amended 1 year after the effective date of this act.

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An Act relative to insurance point surcharges

H1044

HD679

{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:06:16.423'}

[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:06:16.4233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1044/DocumentHistoryActions

Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1044) of Steven S. Howitt relative to exempting certain motor vehicle accidents from insurance point surcharges. Financial Services.

SECTION 1. Section 113B of Chapter 175 of the General Laws, is hereby amended by inserting, at the end thereof the following sentence:- “In fixing and establishing classifications of risk, the commissioner of insurance shall not promulgate any rules or regulations to add surcharge points to a motor vehicle insurance premium, based on at-fault accidents or convictions of moving violations of motor vehicle laws, for damages not exceeding $2,500.” SECTION 2. This act shall take effect upon its passage.

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An Act relative to unpaid health insurance deductibles

H1045

HD680

{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:08:48.913'}

[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:08:48.9133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1045/DocumentHistoryActions

Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1045) of Steven S. Howitt relative to unpaid health insurance deductibles. Financial Services.

SECTION 1. Notwithstanding any general or special law to the contrary, any insurer or company licensed or otherwise authorized to transact accident and health insurance shall be held liable for all members’ unpaid deductibles and co-payments and reimburse health care providers accordingly. The division of insurance shall promulgate all rules and regulations necessary to implement and enforce this section.

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An Act relative to the cleanup of accidental home heating oil spills

H1046

HD864

{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:12:04.91'}

[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:12:04.91'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1046/DocumentHistoryActions

Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1046) of Steven S. Howitt relative to homeowner's insurance coverage for the cleanup of accidental home heating oil spills. Financial Services.

SECTION 1. Chapter 175 of the General Laws as appearing in the 2016 Official Edition is hereby amended by striking out Section 4D and inserting in place thereof the following section:– Section 4D. (a) As used in this section, unless the context clearly requires otherwise, "residential property" shall mean a 1 to 4-unit dwelling used for living or sleeping and “liquid fuel tank” shall mean a tank in which heating oil is stored and from which heating oil is delivered or pumped through a fuel supply line to an oil burner, whether located within a dwelling or other structure, including tanks installed at or below grade level, or located outdoors but excluding underground tanks wherever located. (b) The joint underwriting association, formed pursuant to chapter 175C, and each insurer licensed to write and engaged in the writing of homeowners' insurance shall offer the following coverage to residential owners to whom a homeowners’ insurance policy is issued or renewed: (1) first party property coverage for response action costs incurred under chapters 21E or 21K, or regulations promulgated pursuant thereto, and for property damage on the insured property caused by or in response to a release of heating oil from a residential liquid fuel tank or any piping, fuel supply lines, equipment or systems connected thereto; and (2) liability coverage for third party claims arising out of a release of heating oil into the environment. Minimum coverage of $75,000 per occurrence for first party property coverage, subject to a reasonable deductible not to exceed $1,000 per claim, and $250,000 per occurrence for third party liability shall be offered. Such minimum coverage shall be included in a homeowners’ insurance policy unless the insurer or joint underwriting association obtains a written rejection of such coverage signed by the policyholder, or the policyholder elects to purchase higher limits for such coverage that the insurer or joint underwriting association, at its option, may offer. For the purposes of this section, first party property coverage shall include response action costs incurred to assess and remediate a heating oil release impacting soil, indoor air or other environmental media on the insured's property. Third party liability coverage shall include the obligation to defend the insured at the insurer’s expense against third party claims, and such defense obligation shall include coverage for costs incurred to investigate the source and extent of the release of heating oil. Damages covered under third party liability coverage shall include response action costs incurred to address conditions on and off the insured's property arising from a heating oil release on the insured's property that has impacted or is likely to impact groundwater or has migrated to, or is likely to migrate to, a third party's property. First party and third party liability coverage shall apply simultaneously and, in addition to, one another when both coverages are applicable. SECTION 2. This act shall take effect upon its passage.

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An Act relative to eliminating surcharges for vehicle inspection violations

H1047

HD3039

{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-19T23:14:58.453'}

[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-19T23:14:58.4533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:20:44.36'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:49:39.1933333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-20T07:55:58.4766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1047/DocumentHistoryActions

Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1047) of Steven S. Howitt and others relative to eliminating surcharges for motor vehicle inspection violations. Financial Services.

SECTION 1. Section 7A of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:- A penalty imposed for a violation of this section shall not be considered a moving violation for the purpose of determining insurance surcharges on motor vehicle premiums pursuant to Section 113B of Chapter 175. SECTION 2. Section 7V of said chapter 90, as so appearing, is hereby amended by inserting at the end thereof the following:- A penalty imposed for a violation of this section shall not be considered a moving violation for the purpose of determining insurance surcharges on motor vehicle premiums pursuant to Section 113B of Chapter 175.

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An Act relating to mutual company dividends

H1048

HD1862

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:35:37.4'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:35:37.4'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1048/DocumentHistoryActions

Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1048) of Daniel J. Hunt relative to mutual company dividends. Financial Services.

Section 1: Section 9 of Chapter 330 of the Statutes of 1994, as amended by Section 3 of Chapter 63 of the Statutes of 1995, is amended by striking out Section 6 therein.

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An Act protecting consumers' privacy in mortgage applications

H1049

HD1900

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:46:24.22'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:46:24.22'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-12T17:54:18.9433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-23T12:11:36.4333333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-06-23T12:11:36.4333333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-23T12:11:36.4333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-08-22T14:09:34.1066667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-22T14:09:34.1066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-08-22T14:09:34.1066667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-08-22T14:09:34.1066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1049/DocumentHistoryActions

Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1049) of Daniel J. Hunt relative to mortgage applications privacy. Financial Services.

SECTION 1. Chapter 183 of the General Law, is hereby amended by adding the following Section 70 to be entitled: “Consumer Privacy in Mortgage Applications” Section 70 (a) "Mortgage trigger lead" means a consumer report obtained pursuant to Section 604(c)(1)(B) of the federal Fair Credit Reporting Act, 15 USC 1681b, where the issuance of the report is triggered by an inquiry made with a consumer reporting agency in response to an application for credit. "Mortgage trigger lead" does not include a consumer report obtained by a lender that holds or services existing indebtedness of the applicant who is the subject of the report. Section 70 (b) With regard to a solicitation of a consumer for a mortgage loan on residential property as defined in Chapter 255E, section 1, which solicitation is based, in whole or in part, on information contained in a mortgage trigger lead, the following shall be deemed an unfair or deceptive act or practice as defined in Chapter 93A: (i) the failure to clearly and conspicuously state in the initial phase of the solicitation that the solicitor is not affiliated with the lender or broker with which the consumer initially applied, (ii) the failure to clearly and conspicuously state in the initial phase of the solicitation that the solicitation is based on personal information about the consumer that was purchased, directly or indirectly, from a consumer reporting agency without the knowledge or permission of the lender or broker with which the consumer initially applied, (iii) the failure in the initial solicitation to comply with the provisions of the federal Fair Credit Reporting Act relating to prescreening solicitations that use consumer reports, including the requirement to make a firm offer of credit to the consumer, or (iv) knowingly or negligently using information from a mortgage trigger lead (1) to solicit consumers who have opted out of prescreened offers of credit under the federal Fair Credit Reporting Act, or (2) to place telephone calls to consumers who have placed their contact information on a federal or state Do Not Call list; and Section 70(c): The Attorney General shall promulgate regulations effectuating this provision.

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An Act relative to data transparency in the cannabis industry

H105

HD3149

{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T10:44:26.813'}

[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T10:44:26.8133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H105/DocumentHistoryActions

Bill

By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 105) of Daniel M. Donahue relative to data transparency in the cannabis industry. Cannabis Policy.

SECTION 1. Chapter 94G of the Massachusetts General Laws shall be amended by adding after Section 21, the following section: Section 22. (a) The Commission shall collect, compile, and make available to the public on its Open Data Platform, the following data from independent testing laboratories as defined in Section 15 of this Chapter: Industry average for, a. Failure rates for Pesticides b. Failure rates for Heavy metals c. Failure rates for Microbiological contaminants d. Failure rates for Residual solvents e. Failure rates for Mycotoxins f. Moisture content for flower g. THC + THCA for flower h. THC + THCA for Marijuana Vaporizer Devices i. THC + THCA for concentrates j. Total terpenes for flower k. Total terpenes for concentrates l. Total terpenes for Marijuana Vaporizer Devices Per licensed Independent Testing Laboratory, their average for a. Failure rates for Pesticides b. Failure rates for Heavy metals c. Failure rates for Microbiological contaminants d. Failure rates for Residual solvents e. Failure rates for Mycotoxins f. Moisture content for flower g. THC + THCA for flower h. THC + THCA for Marijuana Vaporizer Devices i. THC + THCA for concentrates j. Total terpenes for flower k. Total terpenes for concentrates l. Total terpenes for Marijuana Vaporizer Devices (b) The initial data report shall include all prior Independent Testing Laboratory data submitted to the Commission. The initial report shall be published per Independent Testing Laboratory per quarter inclusive of reports. Subsequent data reports shall be updated and published on a quarterly basis detailing information from the preceding quarter. (c) The Commission shall investigate and publicly report the reason for the discrepancy for individual Independent Testing Laboratories that are statistically significant outliers in terms of their testing results. (d) The Commission shall promulgate regulations in accordance with this section no later than one year after the effective date of this act.

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An Act to improve patient access to non-emergency medical transportation

H1050

HD2955

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-19T19:36:21'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-19T19:36:21'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1050/DocumentHistoryActions

Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1050) of Daniel J. Hunt relative to payment of patient access to non-emergency medical transportation. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:- Section xx. If required by the commission, any prior authorization for nonemergency ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, shall be valid for a minimum of 3 business days. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting the following new section:- Section XX. (a) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall issue payments to eligible providers, as defined by regulation 101 CMR 327.00, and nonpublic ambulance service providers, as defined by regulation 101 CMR 327.00, in an amount no less than 2 and one half times the determined rates for authorized ambulance and wheelchair van services for: ambulance service, advanced life support, nonemergency transport (101 CMR 327.00 Code A0426); ambulance service, basic life support, nonemergency transport (101 CMR 327.00 Code A0428); nonemergency wheelchair van transportation (101 CMR 327.00 Code A0130); nonemergency wheelchair transportation with loaded mileage (101 CMR 327.00 Code S0215) and; nonemergency wheelchair transportation with patient attendant or escort (101 CMR 327.00 Code T2001) when transporting covered members to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, inclusive. Any required prior authorization for these services shall be valid for a minimum of 3 business days. (b) The executive office shall promulgate regulations as necessary to carry out this section. SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following new section:- Section XX. If required by a policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, any prior authorization for nonemergency ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, shall be valid for a minimum of 3 business days. SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by adding the following new section:- Section XX. If required by a contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth, any prior authorization for nonemergency ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, shall be valid for a minimum of 3 business days. SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by adding the following new section:- Section XX. If required by a subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth, any prior authorization for nonemergency ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, shall be valid for a minimum of 3 business days. SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by adding the following new section:- Section xx. If required by an individual or group health maintenance contract that is issued or renewed within or without the commonwealth, any prior authorization for nonemergency ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, shall be valid for a minimum of 3 business days. SECTION 7. Section XX. a) Notwithstanding the provisions of any general or special law to the contrary, the health policy commission, in collaboration with center for information and analysis, shall study the adequacy of reimbursement rates of MassHealth and commercial carriers for nonemergency medical transportation, including but not limited to, the role of external economic factors on the development, sustainability, and retention of the emergency medical service workforce, such as the increases in the minimum wage and competition from for-profit industries.

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An Act relative to establishing a financial technology task force

H1051

HD1715

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:24:42.937'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:24:42.9366667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:53:04.6433333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:41:27.61'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:41:47.6566667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:32:02.6866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1051/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1051) of Bradley H. Jones, Jr., and others for legislation to establish a special task force (including members of the General Court) to review and report on the financial impact of financial technology operations and current bank charter regulations. Financial Services.

SECTION 1. Notwithstanding any special or general law to the contrary, there shall be a special task force to review and report on the financial impact of Financial Technology operations and current bank charter regulation in Massachusetts. The task force shall consist of 9 members: the house and senate chairs of the joint committee on financial services or their designees, who shall serve as the co-chairs of the task force; a member of the general court appointed by the senate minority leader; a member of the general court appointed by the house minority leader; a member of MassChallenge’s Global Board of Directors, or a designee; the executive director of the Massachusetts Technology Collaborative, or a designee; and 3 persons to be appointed by the Massachusetts Commissioner of Banks, 1 of whom shall be an employee of the commonwealth in the office of the secretary of labor and workforce development, and 2 of whom shall be selected from a list of 5 persons nominated by the Massachusetts Bankers Association. This task force shall: (i) identify and review the state laws, regulations, and administrative directives related to financial technology and banking charters; (ii) identify the key banking developments that would best benefit citizens of Massachusetts; (iii) require the division of banks to submit reports to the legislature it obtains from banks and technology companies; and (iv) develop recommendations to establish legislative procedures to better integrate Financial Technology in Massachusetts. The task force shall submit a report, including any draft legislation and regulations, to the clerks of the house and representatives and the senate within 12 months of the passage of this act.

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An Act establishing pregnancy as a qualifying event

H1052

HD1744

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:49:25.93'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:49:25.93'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:48:09.0433333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:45:53.93'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:27:12.03'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:44:32.0066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:27:10.4933333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:04:04.34'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:30:24.8533333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T16:07:02.83'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:25:32.2733333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T13:49:42.0566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1052/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1052) of Bradley H. Jones, Jr., and others for legislation to establish pregnancy as a qualifying event for eligibility for special enrollment in certain health plans in the state health insurance exchange. Financial Services.

SECTION 1. Notwithstanding any general or special law to the contrary, in addition to any qualifying event under federal law, rule, or regulation that makes one eligible for a special enrollment period for enrollment in a qualified health plan in the state health insurance exchange established pursuant to the federal patient protection and affordable care act, the state health insurance exchange shall allow for the enrollment of a pregnant individual within 30 days following the commencement of the pregnancy; provided however, that the pregnancy is certified by a licensed health care provider, as defined in chapter 112 of the general laws. Upon such enrollment, any qualified health plan in the state health insurance exchange shall ensure that coverage is effective on the first day of the month in which said certification is received. SECTION 2. This act shall take effect on January 1, 2025.

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An Act establishing a commission to study the promotion of preferred pharmacy networks

H1053

HD1745

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:57:40.803'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:57:40.8033333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:47:05.2566667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:46:13.07'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:42:29.9033333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:03:43.0266667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:30:32.8733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1053/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1053) of Bradley H. Jones, Jr., and others relative to establishing a commission (including members of the General Court) to study the promotion of preferred pharmacy networks where insurers can negotiate lower drug prices. Financial Services.

SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a commission to study the implementation of preferred pharmacy networks, whereby health insurers steer consumers to lower-cost “preferred” pharmacies where insurers can negotiate lower drug prices. SECTION 2. The commission shall consist of the house and senate chairs of the joint committee on health care financing, who shall serve as the co-chairs; one member to be appointed by the speaker of the house of representatives; one member to be appointed by the president of the senate; one member to be appointed by the house minority leader; one member to be appointed by the senate minority leader; the director of the health policy commission or a designee; the commissioner of the department of public health or a designee; and the executive director of the center for health information and analysis or a designee. SECTION 3. The commission shall study the feasibility of implementing preferred pharmacy networks and make recommendations based on a cost-benefit analysis of such networks. The commission shall provide estimates of projected savings in prescription drug costs from implementing such networks. SECTION 4. The commission shall submit its report and findings, along with any recommendations and drafted legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and senate within 12 months of the passage of this act.

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An Act relative to epinephrine injectors

H1054

HD1747

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:13:06.54'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:13:06.54'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:46:01.86'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:46:52.5433333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:31:07.8566667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:41:42.9733333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:03:22.6666667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:30:46.5966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1054/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1054) of Bradley H. Jones, Jr., and others relative to health insurance coverage for epinephrine injectors. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 17R the following section:- Section 17S. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the commission. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:- Section 10O. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms, and third-party administrators under contract to a Medicaid-managed care organization or primary care clinician plan shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drugs provided by the division. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:- Section 47OO. Any individual policy of accident or sickness insurance issued pursuant to this chapter shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the insurer. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:- Section 8PP. Any contract between a subscriber and the corporation under an individual group or hospital service plan that is delivered, issued, or renewed within the commonwealth shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the insurer. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:- Section 4PP. Any subscription certificate under an individual or group medical service agreement delivered, issued, or renewed within the commonwealth shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the insurer. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:- Section 4HH. Any individual or group health maintenance contract shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the commission. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

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An Act relative to pharmaceutical gag clauses

H1055

HD1974

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:50:35.21'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:50:35.21'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:47:24.9933333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:51:36.0033333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:26:44.7333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T16:04:18.08'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1055/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1055) of Bradley H. Jones, Jr., and others relative to contracts for pharmacy services between health insurance carriers or pharmacy benefits' managers and pharmacies or pharmacists. Financial Services.

SECTION 1. Notwithstanding any general or special law to the contrary, no contract for pharmacy services between a health insurance carrier or pharmacy benefits manager and a pharmacy or pharmacist shall contain a provision prohibiting or penalizing a pharmacist’s disclosure to an insured individual purchasing a covered prescription medication of information regarding (i) the cost of the prescription medication to the individual, and (ii) the availability of any equivalent medication or alternative methods of purchasing the prescription medication, including, but not limited to, paying a cash price, which may be less expensive than the cost of the prescription medication to the individual. SECTION 2. No health insurance carrier or pharmacy benefits manager shall require an individual to make a payment at the point of sale for a covered prescription medication in an amount greater than the amount an individual would pay for the prescription medication if the individual purchased the prescription medication without using a health insurance plan.

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An Act establishing a commission to study maximum allowable costs lists

H1056

HD1975

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:35:15.787'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T13:35:15.7866667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:47:46.5266667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:51:55.5366667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T09:38:30.6933333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:36:57.4933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T16:08:22.26'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T13:47:26.6633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1056/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1056) of Bradley H. Jones, Jr., and others for an investigation by a special commission (including members of the General Court) relative to maximum allowable costs lists utilized by payers and pharmaceutical benefit managers to identify the maximum amount health plans will pay for certain prescription drugs. Financial Services.

SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a special commission established to investigate the use of maximum allowable costs lists, utilized by payers and pharmaceutical benefit managers to identify the maximum amount that a plan will pay for various prescription drugs. The commission’s review shall include, but not be limited to, current practices surrounding the determination and use of maximum allowable costs lists and their financial implications; industry-wide standardization for the development and use of maximum allowable costs lists; and transparency into the processes of developing and utilizing maximum allowable costs lists. The commission shall consist of 10 members: the secretary of health and human services, or a designee; the speaker of the house of representatives, or a designee; the senate president, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the senate, or a designee; a representative from the Massachusetts Association of Health Plans; a representative from the Massachusetts Pharmacists Association; one person who shall be an advocate for health care providers, to be appointed by the governor; one person who shall be an advocate for pharmaceutical companies, to be appointed by the governor; and one person who shall be an advocate for pharmaceutical benefit managers, to be appointed by the governor. The commission shall submit its report and findings, along with any draft of legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and the senate within 180 days of the passage of this act.

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An Act relative to rent escrow

H1057

HD2007

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T09:32:39.367'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T09:32:39.3666667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:28:03.2466667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:57:58.27'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:48:00.1933333'}, {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-26T10:30:50.54'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:38:46.5'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:56:59.82'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:23.2066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1057/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1057) of Bradley H. Jones, Jr., and others for legislation to further regulate rent escrow. Financial Services.

SECTION 1. Chapter 167D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 36, the following new section:- Section 37. Any bank or federally chartered bank, upon request of a person claiming relief under section 8A of chapter 239, shall create an account payable only, except as provided below, upon the signatures of two named parties, one being the plaintiff in counterclaim, the tenant or occupant, and the other being the defendant in counterclaim, the owner, landlord or person to whom rent is customarily paid. The bank shall not require any signature or identity verification of the defendant in counterclaim in order to create the account nor until such time as a payment from the account is requested. The bank shall provide, upon demand of either of the named parties on the account or the court, a statement of the deposits to the account and the named two-party authorized payers. At the time that a payment from the account is requested, the bank shall accept a standard signature guarantee as sufficient authorization for payment by the defendant in counterclaim. If such signature guarantee is executed in the normal and customary manner, the bank shall not be held liable for claims of incurrent payment. The bank shall also make payment from such account upon court order. The bank may deduct from the account all ordinary and reasonable expenses for operating the account at any time. If the account is left inactive for longer than two years, the bank shall make payment of the entire amount in the account, less ordinary and reasonable banking fees, to the defendant in counterclaim, upon receipt of a duly executed signature guarantee. SECTION 2. Section 8A of chapter 239 of the General Laws, as so appearing, is hereby amended by striking out the second, third and fourth paragraphs and inserting in place thereof the following:- Whenever any counterclaim or claim of defense under this section is based on any allegation concerning the condition of the premises or the services or equipment provided therein, the tenant or occupant shall not be entitled to relief under this section unless: (1) (a) the board of health or other local enforcement agency has inspected and certified that the condition of the premises constitutes a violation of the standards of fitness for human habitation as estimated in the state sanitary code, the state building code, or any other law, ordinance, by-law, rule or regulation establishing such standards, and that the health, safety or well-being of the persons occupying the premises is endangered or materially impaired as a result of such conditions, (b) the tenant or occupant, within 10 days following such certification and not less than 15 days before withholding any payment of rent, notified the landlord thereof in writing, and (c) the landlord fails to remedy such conditions substantially within 15 days following such written notice to the tenant, or such longer period as my be required, in the exercise of due diligence, to substantially remedy such conditions; (2) the landlord fails to show that such conditions were caused by the tenant or occupant or any other person acting under his control, except that the tenant or occupant shall have the burden of proving that any violation appearing solely within that portion of the premises under his control and not by its nature reasonably attributable to any action or failure to act of the landlord was not so caused; (3) the premises are not situated in a hotel or motel, nor in a lodging house or rooming house wherein the occupant has maintained such occupancy for less than three consecutive months; (4) the landlord fails to show that the conditions complained of cannot be remedied without the premises being vacated, provided however that nothing in this clause shall be construed to deprive the tenant or occupant or relief under this section when the premises are temporarily vacated for purposes of removal or covering of paint, plaster, soil or other accessible materials containing dangerous levels of lead pursuant to chapter 111; and (5) the tenant or occupant proves that all rent withheld has been deposited at or before the time at which it first became due and payable to the landlord (a) into an account maintained by the clerk of the court, at the court’s discretion, (b) into an escrow account controlled by an attorney, or (c) into an escrow account under the provisions of section 32B of chapter 167D payable on the signatures of both the tenant or occupant and the owner, landlord or person to whom rent is customarily paid; provided, however, that bona fide documented out-of-pocket expenses properly incurred pursuant to section 127L of chapter 111, shall not be required to be deposited; and further provided that, in the case of a tenant receiving rental assistance from a governmental entity where the rental assistance is being withheld because the landlord has failed to repair serious code violations not caused by the tenant, the tenant shall be required to deposit only the tenant’s unassisted portion of the rent due. Any amounts so deposited shall be paid over as ordered by the court after hearing the case or as the parties may mutually agree. If the landlord is required by law to make repairs to the premises or is suffering severe financial hardship, any amounts so deposited and otherwise payable to the landlord shall be used for such purposes if the court so orders.

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An Act relative to insurance surcharges

H1058

HD2038

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:52:07.033'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:52:07.0333333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:28:12.0266667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:02:58.7666667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T10:48:47.9166667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:48:42.08'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:53:30.6'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:26:58.5166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1058/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1058) of Bradley H. Jones, Jr., and others relative to insurance surcharges for driving with an expired inspection sticker. Financial Services.

SECTION 1. Section 113B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “incident” in line 227, the following sentence:- Driving a motor vehicle which has an expired inspection sticker shall not be considered a surchargeable incident.

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An Act relative to electronic automobile insurance charges

H1059

HD2040

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:51:30.663'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:51:30.6633333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:27:28.8366667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:04:01.7833333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:49:03.1866667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:52:47.69'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:26:43.72'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:49:10.5866667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:20:48.3766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1059/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1059) of Bradley H. Jones, Jr., and others relative to electronic automobile insurance charges. Financial Services.

SECTION 1. Section 193B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “nondiscriminatory” in lines 3 and 4, the following:- No insurance provider shall charge a fee for processing an electronic transaction without written notification.

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An Act establishing an internal special audit unit within the Cannabis Control Commission

H106

HD3471

{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T21:10:28.187'}

[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T21:10:28.1866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H106/DocumentHistoryActions

Bill

By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 106) of Daniel M. Donahue relative to establishing an internal special audit unit within the Cannabis Control Commission. Cannabis Policy.

SECTION 1. Section 14 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “commission”, in line 12, the following words:- “, the internal special audit unit established under section 22”. SECTION 2. Chapter 94G is hereby further amended by inserting after section 21 the following sections: - Section 22. (a) There shall be within the commission, but not subject to the control of the commission, an internal special audit unit. The inspector general shall appoint a director of the special audit unit, who shall serve as an assistant inspector general, under the supervision of the inspector general, for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of the office. (b) The director may appoint and remove, subject to the approval of the inspector general, such persons as are necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding such an appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical or other assistants as the work of the unit may require. Employees shall devote their full-time and attention to their duties while employed with the unit and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A. (c) The internal special audit unit shall monitor the quality, efficiency and integrity of the commission’s operations, including but not limited to, operations under chapters 94G and 94I, host community agreements, investigation and audit policies and procedures, organizational structure and management functions and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds. The director shall have access to all records, reports, electronic data, devices, audits, reviews, papers, books, documents, recommendations and correspondence of the commission or any employee of the commission including, but not limited to, application materials and investigative, audit, and adjudicatory records. The commission shall cooperate with the special audit unit in carrying out the special audit unit's duties, including granting access to persons, documents, databases, electronic data, devices and other materials deemed necessary by the director to conduct an investigation, audit or review. Under the direction of the inspector general, the director of the internal special audit unit shall have all the powers of the inspector general pursuant to chapter 12A and any rule or regulation promulgated pursuant thereto. (d) The internal special audit unit shall create and provide trainings to the commission, including but not limited to, trainings on conducting regulatory investigations and audits. (e) The internal special audit unit shall coordinate and consult with the commission, the department of agricultural resources and the department of public health on efforts related to the implementation, administration and enforcement of this chapter, sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B. (f) The director shall report and refer instances of fraud, waste or abuse of public funds to the inspector general for investigation pursuant to section 8 of chapter 12A and the results of such an investigation may be referred to the attorney general or state auditor for appropriate action. (g) The director shall submit to the inspector general, for inclusion in the annual report required by section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit his annual report to the joint committee on cannabis policy on or before April 30 of each year. The commission shall make the annual report and all such reports from previous years available on the commission’s website. Section 23. (a) The commission, the department of agricultural resources and the department of public health shall enter into a memorandum of understanding related to joint or coordinated implementation, consultation, collaboration, administration and enforcement actions under this chapter and sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B. (b) The memorandum of understanding shall include, but is not limited to, provisions relating to (i) joint or coordinated investigations and inspections; (ii) procedures and policies on the implementation of sections 116 to 123 of chapter 128; (iii) operational collaboration over the administration of pesticide use on hemp, marijuana and marijuana products pursuant to chapter 132B; and (iv) sharing of information. (c) The commission, the department of agricultural resources and the department of public health shall review, and amend if necessary, the memorandum of understanding at least once every 2 years.

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An Act relative to the equitable assessment of bank fees

H1060

HD2041

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:50:58.573'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:50:58.5733333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:28:53.23'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:03:40.6566667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:49:11.0833333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:52:26.08'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:04:08.98'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1060/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1060) of Bradley H. Jones, Jr., and others relative to the equitable assessment of bank fees. Financial Services.

SECTION 1. Section 41A of chapter 171 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “, established for personal, family or household purposes,”

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An Act relative to emergency insulin access

H1061

HD1061

{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T10:33:22.193'}

[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T10:33:22.1933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T10:34:57.1333333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-06T13:21:08.1366667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-02T14:44:50.79'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-08T13:54:01.0466667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-06T14:34:53.5966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-07-14T13:34:34.7666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-07-12T11:20:45.1433333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-07-06T12:12:20.63'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-07-07T14:30:41.6533333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-07-11T10:43:20.8466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T13:01:26.6966667'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-07-31T13:00:00.4566667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-07-11T12:38:31.2966667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T09:48:55.6733333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-06T13:32:17.9633333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-07T09:43:31.5833333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-07-12T14:26:04.9666667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:35:49.0433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:28:11.2166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T15:06:06.1733333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-07T14:08:04.36'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:31:07.03'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:30:02.0766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T09:57:06.7033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-30T12:31:29.6866667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:18:46.7966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T12:59:59.7333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-06-30T06:46:14.1333333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-09-13T14:55:48.0433333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-07-17T13:06:31.33'}]

{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T10:33:22.193'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1061/DocumentHistoryActions

Bill

By Representatives Kane of Shrewsbury and Lewis of Framingham, a petition (accompanied by bill, House, No. 1061) of Hannah Kane, Jack Patrick Lewis and others relative to emergency insulin access. Financial Services.

SECTION 1. Section 17G of chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "items", in line 6, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 12D the following section:- Section 12D ½ (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise: "Emergency situation", an event in which authorization for the dispensing of insulin may not be readily obtained from the practitioner. “Pharmacist’s professional judgment”, the judgment of a pharmacist as to whether the substance to be dispensed is essential to sustain the life of the patient or continue therapy for a chronic condition of the patient, and whether failure to dispense or sell the drug to the patient could result in harm to the health of the patient. (b) Notwithstanding any general or special law to the contrary, in an emergency situation, a pharmacist may dispense a supply of insulin. The supply dispensed may not exceed a 30-day supply as provided in the prescription or, if the standard unit of dispensing for the drug exceeds a 30-day supply, the amount of the drug dispensed or sold does not exceed the standard unit of dispensing. The pharmacist shall exercise professional judgment in determining the amount of the drug to be dispensed or sold. (c) A pharmacist shall not dispense or sell a particular drug to the same patient in an amount described in subsection (b) more than once in any 6-month period. (d) The commissioner of public health shall promulgate rules and regulations necessary for the implementation of this section. SECTION 3. Section 10C of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "items", in line 4 , the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. SECTION 4. Section 47N of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 14, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. SECTION 5. Section 8P of chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 13, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. SECTION 6. Section 4S of chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 13, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. SECTION 7. Section 4H of chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 9, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.

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An Act to protect taxpayer confidentiality

H1062

HD182

{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T14:33:24.053'}

[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T14:33:24.0533333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-08T13:57:04.1666667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:35:06.5866667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:38:11.45'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1062/DocumentHistoryActions

Bill

By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1062) of Hannah Kane and others relative to the disclosure of information of certain persons in the unclaimed property program. Financial Services.

SECTION 1: Subsection (a) of section 12 of Chapter 200A of the General Laws is hereby amended by inserting after the word “chapter” the following sentence:- “The identity of the persons being examined and the records disclosed to the treasurer in the course of said examinations shall not be subject to disclosure pursuant to chapter 66 and are not public records within the meaning of chapter 4.” SECTION 2: This act becomes effective immediately upon signature of the governor and applies to any and all taxpayer information on or after this date.

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An Act relative to insurance discounts

H1063

HD199

{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:03:39.887'}

[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:03:39.8866667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:37:19.17'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:38:32.5266667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:33:16.7733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:56:05.5633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1063/DocumentHistoryActions

Bill

By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1063) of Hannah Kane and others relative to motor vehicle insurance discounts for marijuana impairment education courses. Financial Services.

SECTION 1. Notwithstanding any general or special laws to the contrary, motor vehicle insurance companies shall have the option of offering insurance discounts to licensed operators of motor vehicles who complete a marijuana impairment education course. The course may be offered by accredited driving schools and insurance companies, pending approval from the commissioner of insurance, and the course curriculum must include a module on the dangers of driving under the influence of marijuana.

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An Act relative to modernizing private flood insurance

H1064

HD1796

{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T17:15:00.317'}

[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T17:15:00.3166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-20T17:02:13.9333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1064/DocumentHistoryActions

Bill

By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 1064) of Patrick Joseph Kearney and Rodney M. Elliott relative to modernizing private flood insurance. Financial Services.

SECTION 1. This act is known and may be cited as the “Massachusetts Private Flood Insurance Act”. SECTION 2. The Massachusetts general laws, as so appearing, are hereby amended by adding the following new chapter:- “CHAPTER 183 Massachusetts Private Flood Insurance Act Section 1. It is the intent of this chapter to foster innovative flood insurance coverages providing insurers the ability to test products in the market and consumers greater choice for flood insurance coverage. It is also the intent of this chapter to instruct the Commissioner to track and report the participation of private flood insurers in the State of Massachusetts through the count of private flood policies from both domestic, foreign and alien, admitted and surplus lines, on a calendar year basis. Section 2. For the purposes of this section: (1) ‘Flood’ means: (a) a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder’s property, from: (i) overflow of inland or tidal waters; (ii) unusual and rapid accumulation or runoff of surface waters from any source; or (iii) mudflow; or (b) collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this section. (2) ‘Mudflow’ means a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water. Other earth movements, such as landslide, slope failure, or a saturated soil mass moving by liquidity down a slope, are not mudflows. (3) ‘Private flood insurance’ means personal lines or commercial flood insurance policies or endorsements providing coverage for the peril of flood issued directly by insurers. Section 3. An insurer may issue an insurance policy, contract, or endorsement providing commercial lines or personal lines coverage for the peril of flood or excess coverage for the peril of flood on any structure, on the contents of commercial or personal property contained therein, or to insure against indirect losses from the peril of flood subject to the requirements of this chapter. Any reference to policy in this chapter also includes endorsements that provide private flood insurance coverage. Section 4. (A) Private flood insurance policies issued pursuant to this chapter include: (1) ‘Standard flood insurance’, which means a private flood insurance policy which covers only losses from the peril of flood at least equivalent, when taken as a whole, to that provided under a standard flood insurance policy under the National Flood Insurance Program (NFIP) including deductibles, exclusions, and other terms and conditions offered by the insurer. The policy form also must include: (a) information about the availability of flood insurance coverage under the NFIP; (b) a mortgage interest clause substantially similar to the clause contained in a standard flood insurance policy under the NFIP; (c) a provision requiring an insured to file suit no later than one year after the date of a written denial of all or part of a claim under the policy; and (d) cancellation provisions that are as restrictive as the provisions contained in a standard flood insurance policy under the NFIP. (2) ‘Nonstandard flood insurance’, which may, but is not required to, provide coverage designed to supplement a flood policy obtained from the NFIP or from an insurer issuing standard flood insurance pursuant to this section. This includes any other policy issued for the coverage of flood that does not meet the definition of a standard flood insurance policy as defined above. Nonstandard flood insurance also includes policies that have a broader definition of flood than that provided for in Section 2(1) and discretionary acceptance private flood insurance as provided for in 12 C.F.R. Part 208.25. (B) Flood insurance deductibles and policy limits must be prominently noted on the policy declarations page or face page of the policy at issuance and renewal in at least ten point font. (3) All flood insurance policies, regardless of whether they are considered ‘standard’ or ‘nonstandard’, must contain a statement somewhere on the policy to clearly state that the policy is not a policy from the NFIP. Section 5. (A)(1) Every admitted insurer writing personal lines private flood insurance pursuant to this chapter shall file with the Commissioner all rates and supplementary rate information and all changes and amendments made by it for use in this State no later than ninety days after the effective date and such filing shall be considered a ‘use and file’ filing. These filings are for informational purposes only. (2) Insurers shall establish rates based on actuarial data, methodologies, and standards and guidelines relating to flood insurance that produce rates that are not excessive, inadequate, or unfairly discriminatory. (B)(1) A rating or advisory organization may file prospective loss cost and supplementary rate information on behalf of insurers. The loss cost and supplementary rate information are subject to the ‘use and file’ provisions of this section, regardless of whether they are for commercial lines or personal lines private flood insurance. (2) Each personal lines private flood insurer shall file its multiplier for expenses, assessments, profits, and contingencies to be applied to the loss cost and any information relied upon by the insurer to support the multiplier and any modifications to loss costs subject to the use and file provisions of this section. (3) Licensees shall establish loss costs and multipliers for expenses based on actuarial data, methodologies, and standards and guidelines relating to flood insurance that produce rates that are not excessive, inadequate, or unfairly discriminatory. Filings pursuant to this subsection are for informational purposes only. (C) All rate filings are confidential until final disposition by the Commissioner. Final disposition of rates and the filings are subject to public inspection in accordance with the provisions of the Massachusetts Freedom of Information Act. Section 6. (A) Every admitted insurer writing personal lines or commercial lines private flood insurance pursuant to this chapter shall file with the Commissioner all forms and all changes and amendments made by it for use in this State no later than ninety days after becoming effective. This form filing is considered a ‘use and file’ filing. (B) The Commissioner may at any time review a form, the pertinent records of the insurer, and market conditions. The Commissioner may at any time disapprove a form and shall notify the insurer. In reviewing the forms filed, the department may require the insurer to provide, at the insurer’s expense, all information necessary to evaluate the filing. Upon notification, the insurer shall, within sixty days, file with the department all information which, in the belief of the insurer, establishes that the form is in compliance with this chapter and other applicable law. The insurer may appeal the final determination of the Commissioner or his designee to the to the appropriate appeals authority. The insurer shall carry the burden of proof by a preponderance of the evidence to show that the form complies with applicable Massachusetts law. (C) All form filings are confidential until final disposition by the Commissioner. Final form filings are subject to public inspection in accordance with the provisions of the Massachusetts Freedom of Information Act. (D) An advisory or rating organization may file forms on the behalf of insurers. These filings are subject to the ‘use and file’ provisions of this section. If the Commissioner finds on a preliminary basis that a form does not comply with this chapter or other applicable law, the Commissioner shall disapprove the form and shall notify the rating or advisory organization. Upon notification, the rating or advisory organization shall, within sixty days, file with the department all information which, in the belief of the advisory or rating organization, establishes the form complies with this chapter and other applicable law. The advisory or rating organization may appeal the final determination of the Commissioner or his designee to the appropriate appeals authority. The advisory or rating organization shall carry the burden of proof by a preponderance of the evidence to show that the form complies with applicable Massachusetts law. Section 7. A surplus lines broker may place a policy or endorsement providing flood insurance coverage to an eligible surplus lines insurer without making a diligent effort to seek such coverage from one or more admitted insurers required pursuant to Sub part iii, Part b, Section 168 of Chapter 175 of the General Laws. Section 8. (A) In addition to any other applicable requirements pursuant to this title, any admitted insurer providing private flood insurance coverage that is considered standard flood insurance coverage in this State shall: (1) notify the Commissioner or his designee at least thirty days before writing flood insurance in this State; and (2) file a plan of operation and financial projections or revisions to such plan, as applicable, with the Commissioner or his designee. (B) Admitted insurers writing private flood insurance shall comply with the requirements of Chapter 174 and are subject to examination in accordance with Chapter 174. Brokers placing flood insurance policies are subject to examination in accordance with Chapter 175 and all related sections. (C) Subsection (A) does not impose new requirements on any insurer currently writing private flood insurance coverage at the time of enactment of this chapter. (D) Admitted insurers exiting the private flood insurance market shall notify the Commissioner or his designee within forty five days of the market exit. Section 9. (A) Before placing a personal lines private flood insurance policy with an admitted or surplus lines insurer, an insurance producer, broker, or the insurer shall provide a written notice to the applicant advising that if the applicant discontinues coverage under the NFIP, which is provided at a subsidized rate, the full risk rate for flood insurance may apply to the property if the applicant later seeks to reinstate coverage under the program. (B) This section only applies if the applicant lives in a special flood hazard area. The producer, broker, or insurer shall retain this notice for three years. This section automatically sunsets if there is federal legislation that allows the insured to switch between private flood insurance and NFIP coverage without penalty. Section 10. With respect to the regulation of private flood insurance written in this State by authorized insurers, this title controls if there is a conflict between this title and any other applicable state law. Section 11. (A) An admitted insurer offering flood insurance may certify that a policy, contract, or endorsement provides coverage for the peril of flood which equals or exceeds the flood coverage offered by the NFIP. To be eligible for certification, the policy, contract, or endorsement must contain a provision stating that it meets the private flood insurance requirements specified in 42 U.S.C. Section 4012a(b) and may not contain provisions that, when taken as a whole, are not in compliance with 42 U.S.C. Section 4012a(b). (B) The admitted insurer or its agent may reference or include a certification pursuant to subsection (A) in advertising or communications with an agent, a lending institution, an insured, or a potential insured only for a policy, contract, or endorsement that is certified pursuant to this section. The admitted insurer may include a statement that notifies an insured of the certification on the declarations page or other policy documentation related to flood coverage certified pursuant to this section. (C) An insurer or agency who knowingly: (1) misrepresents that a flood policy, contract, or endorsement is certified pursuant to this chapter; or (2) misrepresents the scope of the coverage of the flood insurance policy, contract, or endorsement commits an unfair or deceptive act pursuant to Chapter 176D and is subject to the penalties set forth in this chapter. Section 12. (A) The insurer shall give written notice forty five days before cancellation or nonrenewal of private flood insurance coverage to: (1) the insured; and (2) the federally supervised institution that made the designated loan secured by the property covered by the private flood insurance, or the servicer acting on its behalf, if any. (B) The notice must: (1) be filed with the Commissioner or their designee; (2) state the date no less than forty five days for any cancellation or nonrenewal; and (3) inform the insured of its right to request a review by the division of insurance. (C)(1) An insurer may cancel or refuse to issue or renew a private flood insurance policy, except for the reasons set forth below: (a) age; (b) sex; (c) race; (d) color; (e) creed; (f) national origin; (g) ancestry; (h) marital status; (i) income level; or (j) lawful occupation, including the military service of the person seeking the coverage. (2) Nothing in this section prohibits an insurer from limiting the issuance of private flood insurance policies covered in this chapter only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect. (3) Nothing in this section prohibits an insurer from refusing to issue private flood insurance policies due to the exposure of flood. (4) Notwithstanding the provisions of item (1), an insurer only may cancel a standard flood insurance policy in accordance with 42 U.S.C. Section 4012a(b). Section 13. (A) If an insurer intends to renew a policy, the insurer shall furnish renewal terms and a statement of the amount of premium or estimated premium due for the renewal policy period in the manner required by this section. (B) If the policy being renewed (original policy) is written for a term of one year or less, the renewal terms and statement of premium or estimated premium due must be furnished to the insured no less than forty five days prior to the expiration date of the original policy. (C) If the original policy is written for a term of more than one year or for an indefinite term, the renewal terms and statement of premium or estimated premium due must be furnished to the insured no less than forty five days prior to the anniversary date of the original policy. (D) The insurer may satisfy its obligation to furnish renewal terms and statement of premium or estimated premium due by either of the following methods: (1) mailing or delivering renewal terms and statement to the insured via electronic delivery in accordance with Massachusetts law, at the address shown in the policy or, if not reflected, at the last known address, no less than forty five days prior to expiration or anniversary; or (2) mailing or delivering renewal terms and statement to the producer or broker of record, if any, no less than sixty days prior to expiration or anniversary, along with instructions that the agent or broker furnish the renewal terms and statement to the insured no less than forty five days prior to expiration or anniversary. (E) If the insurer fails to furnish the renewal terms and statement of premium or estimated premium due in the manner required by this section, the insured may elect to cancel the renewal policy within the forty five day period following receipt of the renewal terms and statement of premium or estimated premium due. Earned premium for any period of coverage must be calculated pro rata based upon the premium applicable to the original policy and not the premium applicable to the renewal policy. Section 14. The department is authorized to promulgate by bulletin, order, or regulation the requirements necessary to implement the requirements of this chapter.” Section 15. The Insurance Commissioner shall, on an annual basis, report the number of private flood policies in effect in the Commonwealth of Massachusetts. The Commissioner shall obtain this information by requesting it from private flood insurance companies. Admitted insurers shall be required to report to the Commissioner the number of private flood policies the insurer has in force. For non-admitted insurers, the Commissioner shall strongly encourage the insurers to participate in the count of the number of private flood policies in force in the State. The count of policies, and the report from the Commissioner, shall not report any proprietary rating information, insured information, insured address or other proprietary information. The insurer may, at their option, report to the Commissioner the geographic location, region or any other information. The only required information from the insurers to the Commissioner shall be the number of policies in force in the current calendar year. The Commissioner shall publish the report annually for the public to view. SECTION 16. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."

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An Act relative to surcharges on motor vehicle insurance premiums

H1065

HD2743

{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-16T13:17:10.167'}

[{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-16T13:17:10.1666667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-08-23T16:28:47.31'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-24T17:17:30.93'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-28T23:13:52.9866667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:11:54.94'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:32:55.1'}]

{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-16T13:17:10.167'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1065/DocumentHistoryActions

Bill

By Representatives Keefe of Worcester and Meschino of Hull, a petition (accompanied by bill, House, No. 1065) of Mary S. Keefe, Joan Meschino and others relative to surcharges on motor vehicle insurance premiums. Financial Services.

SECTION 1. Section 57A of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 21, the figure $1,000 and inserting in place thereof the following figure: – $5,000. SECTION 2. Section 113B of chapter 175 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after the word “accidents”, in line 201, the following words:- resulting in a claim payment of more than $5,000, in excess of any applicable deductible. SECTION 3. Said section 113B of said chapter 175, as so appearing, is hereby further amended by inserting after the word “section”, in line 334, the following words:- ; provided however, that for purposes of establishing and fixing premium charges, an at-fault accident shall not be a surchargeable incident if the resulting claim payment is equal to or less than $5,000, in excess of any applicable deductible. SECTION 4. Chapter 175 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out section 113B½ and inserting in place thereof the following section:- Section 113B½. For an at-fault accident claim, a minor accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $5,000 but is not more than $7,500 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $7,500 under: (A) property damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (E) as a result of an accident with a bodily injury liability coverage claim. No motor vehicle liability policy, as defined by section 34A of chapter 90, shall apply an increase in premium as a result of an at-fault accident that does not satisfy the criteria for a minor or major accident. For purposes of this section, “premium” shall mean the cost of a policy, or coverage within a policy, to an individual policyholder based on the particular drivers and motor vehicles insured under the policy.

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An Act providing health insurance coverage for scalp and facial hair prosthesis

H1066

HD417

{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-12T16:28:32.857'}

[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-12T16:28:32.8566667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-12T16:46:50.07'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:37:11.4066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T16:37:11.4066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-07T16:57:51.4733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T15:16:47.6933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T12:15:45.4133333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T15:31:14.6733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T12:27:34.5933333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T12:27:34.5933333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-28T14:09:19.1266667'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-03-06T11:31:14.63'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-15T13:41:54.1866667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-03-15T13:41:54.1866667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-25T10:44:34.5033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1066/DocumentHistoryActions

Bill

By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 1066) of Sally P. Kerans, Joan B. Lovely and others relative to providing health insurance coverage for scalp and facial hair prosthesis. Financial Services.

SECTION 1. Subsection (b) of section 17E of chapter 32A of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by inserting, in line 11, after the words “cancer or leukemia;” the following:- or as a result of alopecia areata, alopecia totalis, non-classical 21-hydroxylase or permanent loss of facial or scalp hair due to injury; provided, however, that the alopecia is not part of the natural or premature aging process; and SECTION 2. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting, after section 47KK, the following section:- Section 47LL. (a) As used in this section, the following words shall have the following meanings:- “Prosthesis”, an artificial appliance used to replace a lost natural structure; provided, however, that prosthesis shall include, but not be limited to, artificial arms, legs, breasts, scalp hair, facial pigmentation or glass eyes. "Scalp hair prosthesis”, an artificial substitute for scalp hair. "Facial medical pigmentation", an artificial substitute for facial hair, including, but not limited to, eyebrows. (b) An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis for any other prosthesis, coverage for expenses for facial medical pigmentation or scalp hair prostheses worn for hair loss suffered as a result of the treatment of any form of cancer or leukemia, or as a result of alopecia areata, alopecia totalis, non-classical 21-hydroxylase or permanent loss of facial or scalp hair due to injury; provided, however, that the alopecia is not part of the natural or premature aging process; and provided, however, that such coverage shall be subject to a written statement by the treating physician that the facial medical pigmentation or scalp hair prosthesis is medically necessary; and provided, further, that such coverage shall be subject to the same limitations and guidelines as other prostheses. SECTION 3. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8MM the following section:- Section 8NN. (a) As used in this section, the following words shall have the following meanings:- “Prosthesis”, an artificial appliance used to replace a lost natural structure; provided, however, that prosthesis shall include, but not be limited to, artificial arms, legs, breasts, scalp hair, facial pigmentation or glass eyes. “Scalp hair prosthesis”, an artificial substitute for scalp hair. "Facial medical pigmentation", an artificial substitute for facial hair, including, but not limited to, eyebrows. A contract between a subscriber and the corporation under an individual or group hospital service plan that is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for expenses for facial medical pigmentation or scalp hair prosthesis worn for hair loss suffered as a result of the treatment of any form of cancer or leukemia, or as a result of alopecia areata, alopecia totalis, non-classical 21-hydroxylase or permanent loss of scalp hair due to injury; provided, however, that the alopecia is not part of the natural or premature aging process; and provided, however, that such coverage shall be subject to a written statement by the treating physician that the facial medical pigmentation or scalp hair prosthesis is medically necessary. Such coverage shall be subject to the same limitations and guidelines as other prosthesis. Such pigmentation and prosthesis coverage shall be provided at a minimum at the same amount and frequency as any state insurer provides for hair prostheses for hair loss due to chemotherapy. SECTION 4. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4MM the following section:- Section 4NN. (a) As used in this section, the following words shall have the following meanings:- “Prosthesis”, an artificial appliance used to replace a lost natural structure; provided, however, that prosthesis shall include, but not be limited to, artificial arms, legs, breasts, scalp hair, facial pigmentation or glass eyes. “Scalp hair prosthesis”, an artificial substitute for scalp hair. "Facial medical pigmentation", an artificial substitute for facial hair, including, but not limited to, eyebrows. A subscription certificate under an individual or group medical service agreement that is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for expenses for facial medical pigmentation or scalp hair prosthesis worn for hair loss suffered as a result of the treatment of any form of cancer or leukemia, or as a result of alopecia areata, alopecia totalis, non-classical 21-hydroxylase, or permanent loss of facial or scalp hair due to injury; provided, however, that the alopecia is not part of the natural or premature aging process. Such coverage, however, shall be subject to a written statement by the treating physician that the medical pigmentation or hair prosthesis is medically necessary. Such coverage shall be subject to the same limitations and guidelines as other prosthesis. Such medical pigmentation or scalp hair prosthesis coverage shall be provided at a minimum at the same amount and frequency as any state insurer provides for hair prostheses for hair loss due to chemotherapy. SECTION 5. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4EE the following section:- Section 4FF. (a) As used in this section, the following words shall have the following meanings:- “Prosthesis”, an artificial appliance used to replace a lost natural structure; provided, however, that prosthesis shall include, but not be limited to, artificial arms, legs, breasts, scalp hair, facial pigmentation or glass eyes. “Scalp hair prosthesis”, an artificial substitute for scalp hair. "Facial medical pigmentation", an artificial substitute for facial hair, including, but not limited to, eyebrows. A health maintenance contract issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for facial hair loss suffered as a result of the treatment of any form of cancer or leukemia, or as a result of alopecia areata, alopecia totalis, non-classical 21-hydroxylase or permanent loss of facial or scalp hair due to injury; provided, however, that the alopecia is not part of the natural or premature aging process; and provided, however, that such coverage shall be subject to a written statement by the treating physician that the facial medical pigmentation or scalp hair prosthesis is medically necessary. Such coverage shall be subject to the same limitations and guidelines as other prostheses. Such prosthesis coverage shall be provided at a minimum at the same amount and frequency as any state insurer provides for hair prostheses for hair loss due to chemotherapy.

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An Act providing insurance coverage for biennial echocardiogram and concussion analysis for persons under the age of 18

H1067

HD1739

{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-17T18:27:51.823'}

[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-17T18:27:51.8233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1067/DocumentHistoryActions

Bill

By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 1067) of Sally P. Kerans relative to providing insurance coverage for biennial echocardiograms and concussion analyses for persons under eighteen years of age. Financial Services.

SECTION 1. Chapter 32A of the General Laws, is hereby amended by inserting after section 17O the following section:- Section 17P. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for biennial echocardiogram and concussion analysis for persons between the ages of five and eighteen. SECTION 2. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 47II, the following section:- Section 47JJ. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall provide coverage for biennial echocardiogram and concussion analysis for persons between the ages of five and eighteen. SECTION 3. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8KK the following section:- Section 8LL. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for biennial echocardiogram and concussion analysis for persons between the ages of five and eighteen. SECTION 4. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4KK, the following section:- Section 4LL. Any subscription certificate under an individual or group medical service agreement delivered, issued, or renewed within the commonwealth shall provide coverage for biennial echocardiogram and concussion analysis for persons between the ages of five and eighteen. SECTION 5. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4CC the following section:- Section 4DD. Any individual or group health maintenance contract shall provide coverage for biennial echocardiogram and concussion analysis for persons between the ages of five and eighteen.

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An Act to further define medical necessity determinations

H1068

HD687

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-10T12:57:43.853'}

[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-10T12:57:43.8533333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:52:29.55'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:02:56.0266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1068/DocumentHistoryActions

Bill

By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1068) of Kay Khan, Samantha Montaño and Carol A. Doherty relative to health plan coverage for medically necessary mental health crisis stabilization services. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following section:- Section 17S. For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Mental health acute treatment”, 24-hour medically supervised mental health services provided in an inpatient facility, licensed by the department of mental health, that provides psychiatric evaluation, management, treatment and discharge planning in a structured treatment milieu. “Mental health crisis stabilization services”, 24-hour clinically managed mental health diversionary or step-down services for adults or adolescents, as defined by MassHealth, usually provided as an alternative to mental health acute treatment or following mental health acute treatment, which may include intensive crisis stabilization counseling, outreach to families and significant others and aftercare planning. “Community-based acute treatment (CBAT)”, 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. “Intensive community-based acute treatment (ICBAT)”, intensive 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary mental health acute treatment and shall not require a preauthorization prior to obtaining treatment. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary mental health crisis stabilization services for up to 14 days and shall not require preauthorization prior to obtaining such services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary community based acute treatment services for up to 21 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 10. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary intensive community based acute treatment services for up to 14 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:- Section 10O. For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Mental health acute treatment”, 24-hour medically supervised mental health services provided in an inpatient facility, licensed by the department of mental health, that provides psychiatric evaluation, management, treatment and discharge planning in a structured treatment milieu. “Mental health crisis stabilization services”, 24-hour clinically managed mental health diversionary or step-down services for adults or adolescents, as defined by MassHealth, usually provided as an alternative to mental health acute treatment or following mental health acute treatment, which may include intensive crisis stabilization counseling, outreach to families and significant others and aftercare planning. “Community-based acute treatment (CBAT)”, 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. “Intensive community-based acute treatment (ICBAT)”, intensive 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically necessary mental health acute treatment and shall not require a preauthorization prior to obtaining treatment. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically necessary mental health crisis stabilization services for up to 14 days and shall not require preauthorization prior to obtaining such services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically necessary community based acute treatment services for up to 21 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 10. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically necessary intensive community based acute treatment services for up to 14 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:- Section 47OO. For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Mental health acute treatment”, 24-hour medically supervised mental health services provided in an inpatient facility, licensed by the department of mental health, that provides psychiatric evaluation, management, treatment and discharge planning in a structured treatment milieu. “Mental health crisis stabilization services”, 24-hour clinically managed mental health diversionary or step-down services for adults or adolescents, as defined by MassHealth, usually provided as an alternative to mental health acute treatment or following mental health acute treatment, which may include intensive crisis stabilization counseling, outreach to families and significant others and aftercare planning. “Community-based acute treatment (CBAT)”, 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. “Intensive community-based acute treatment (ICBAT)”, intensive 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for medically necessary mental health acute treatment and shall not require a preauthorization prior to obtaining treatment. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for medically necessary mental health crisis stabilization services for up to 14 days and shall not require preauthorization prior to obtaining such services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for medically necessary community based acute treatment services for up to 21 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 10. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for medically necessary intensive community based acute treatment services for up to 14 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:- Section 8PP. For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Mental health acute treatment”, 24-hour medically supervised mental health services provided in an inpatient facility, licensed by the department of mental health, that provides psychiatric evaluation, management, treatment and discharge planning in a structured treatment milieu. “Mental health crisis stabilization services”, 24-hour clinically managed mental health diversionary or step-down services for adults or adolescents, as defined by MassHealth, usually provided as an alternative to mental health acute treatment or following mental health acute treatment, which may include intensive crisis stabilization counseling, outreach to families and significant others and aftercare planning. “Community-based acute treatment (CBAT)”, 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. “Intensive community-based acute treatment (ICBAT)”, intensive 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health acute treatment and shall not require a preauthorization prior to obtaining treatment. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health crisis stabilization services for up to 14 days and shall not require preauthorization prior to obtaining such services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary community based acute treatment services for up to 21 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 10. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary intensive community based acute treatment services for up to 14 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:- Section 4PP. For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Mental health acute treatment”, 24-hour medically supervised mental health services provided in an inpatient facility, licensed by the department of mental health, that provides psychiatric evaluation, management, treatment and discharge planning in a structured treatment milieu. “Mental health crisis stabilization services”, 24-hour clinically managed mental health diversionary or step-down services for adults or adolescents, as defined by MassHealth, usually provided as an alternative to mental health acute treatment or following mental health acute treatment, which may include intensive crisis stabilization counseling, outreach to families and significant others and aftercare planning. “Community-based acute treatment (CBAT)”, 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. “Intensive community-based acute treatment (ICBAT)”, intensive 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health acute treatment and shall not require a preauthorization prior to obtaining treatment. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health crisis stabilization services for up to 14 days and shall not require preauthorization prior to obtaining such services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary community based acute treatment services for up to 21 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 10. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary intensive community based acute treatment services for up to 14 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:- Section 4HH. For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Mental health acute treatment”, 24-hour medically supervised mental health services provided in an inpatient facility, licensed by the department of mental health, that provides psychiatric evaluation, management, treatment and discharge planning in a structured treatment milieu. “Mental health crisis stabilization services”, 24-hour clinically managed mental health diversionary or step-down services for adults or adolescents, as defined by MassHealth, usually provided as an alternative to mental health acute treatment or following mental health acute treatment, which may include intensive crisis stabilization counseling, outreach to families and significant others and aftercare planning. “Community-based acute treatment (CBAT)”, 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. “Intensive community-based acute treatment (ICBAT)”, intensive 24-hour clinically managed mental health diversionary or step-down services for children and adolescents, as defined by the department of early education and care, usually provided as an alternative to mental health acute treatment. Any individual or group health maintenance contract that is issued or renewed shall provide coverage for medically necessary mental health acute treatment and shall not require a preauthorization prior to obtaining treatment. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any individual or group health maintenance contract that is issued or renewed shall provide coverage for medically necessary mental health crisis stabilization services for up to 14 days and shall not require preauthorization prior to obtaining such services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any individual or group health maintenance contract that is issued or renewed shall provide coverage for medically necessary community based acute treatment services for up to 21 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 10. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. Any individual or group health maintenance contract that is issued or renewed shall provide coverage for medically necessary intensive community based acute treatment services for up to 14 days; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.

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An Act to increase access to nurse-midwifery services

H1069

HD2135

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:44:09.733'}

[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:44:09.7333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:08:16.18'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:09:45.5266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T10:45:53.64'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-08-08T13:45:41.4766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-05T13:20:08.23'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T12:57:42.6133333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-10T14:17:21.9766667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-08T14:01:44.07'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-15T11:53:50.1533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-13T14:57:09.91'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T13:05:49.6266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:38:10.5066667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-15T08:55:28.6233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T16:59:41.39'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T11:07:15.8433333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-22T11:54:16.7066667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-01T16:37:21.43'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-28T12:38:22.9866667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T11:27:29.4066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T10:57:50.35'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T11:01:28.6933333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:23:37.1333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1069/DocumentHistoryActions

Bill

By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1069) of Kay Khan and others relative to insurance coverage and access to nurse-midwifery services. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:- Section 31. The commission shall provide to any active or retired employee of the commonwealth insured under the group insurance commission coverage for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician to achieve compliance with this section. SECTION 2. Chapter 118E of the General Laws is hereby amended by adding the following section:- Section 80. The division shall provide coverage for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician to achieve compliance with this section. SECTION 3. Section 47E of Chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentences:- The reimbursement for the services provided pursuant to this section shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:- Section 8PP. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall provide as a benefit to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section. SECTION 5. Section 4G of Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentences:- The reimbursement for the services provided pursuant to this section shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section. SECTION 6. Section 4 of Chapter 176G of the General Laws, as so appearing, is hereby amended by adding the following subsection:- (g) services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112, subject to the terms of a negotiated agreement between the health maintenance organization and the provider of health care services. The reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.

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An Act relative to host community impact fees

H107

HD1324

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-11T14:57:34.117'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-11T14:57:34.1166667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-08-17T11:53:06.95'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H107/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 107) of Colleen M. Garry relative to marijuana establishment or medical marijuana treatment center host community impact fees. Cannabis Policy.

Section 1. Section 3 of chapter 94G of the General Law as appearing in the 2020 Official Edition, is hereby amended by striking the words: “Any cost to a city or town imposed by the operation of a marijuana establishment or medical marijuana treatment center shall be documented and considered a public record as defined by clause Twenty-sixth of section 7 of chapter 4” in lines 78-82 and replaced with the following words, “If the community can not document with certainty the costs to the town associated with the operation of a marijuana establishment or medical marijuana treatment center, the community impact fee shall be a Standard Allowance of 1 percent of the gross sales of the marijuana establishment or medical marijuana treatment center and shall not be effective for longer than 8 years.”

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An Act relative to secure choice retirement savings plan

H1070

HD2369

{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:35:10.85'}

[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:35:10.85'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1070/DocumentHistoryActions

Bill

By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1070) of Meghan Kilcoyne for legislation to establish secure choice retirement savings plans. Financial Services.

SECTION 1. Chapter 29 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 64E the following new sections:- Section 64F. Definitions For the purposes of this section, the following definitions shall apply: “Board” means the Secure Choice Retirement Savings Board “Eligible employee”, a person who is employed by an eligible employer and who for any calendar year has provided (or is expected to provide) 750 or more hours of service to the eligible employer, with eligibility continuing even if service in later years is less than 750 hours. The term does not include: (i) any employee who is an “active participant: as described in IRC Section 219(g)(5), without regard to the exclusions for plans described in IRC Section 457(b); (ii) any employee who is enrolled in a payroll deduction IRA maintained or offered by the employee’s employer; (iii) Any employee who is covered by a collective bargaining agreement that does not provide for participation in the IRAP; (iv) Any employee who has not attained the age of 18 before the beginning of the calendar year. “Eligible employer”, a person or entity engaged in a specific business, industry, profession, trade, or other enterprise in the Commonwealth, whether for profit or not for profit excluding the federal government, the Commonwealth, any county, any municipality, or any of the Commonwealth’s units or instrumentalities, with the exception that the Commonwealth is deemed an eligible employer with regard to Personal Care Attendants, Family Child Care Providers, and other direct or indirect employees of the Commonwealth, including a joint relationship, who are not eligible to participate in a public employee pension fund within the Commonwealth. The term does not include any employer that has not been in business at all during the preceding calendar year. “Participating employer”, an eligible employer that provides a payroll deposit retirement savings arrangement provided for by this title for eligible employees. “Payroll deduction IRA”, an arrangement by which an employer makes contributions on behalf of participating employees by remitting a specified portion of the employee’s pay to an IRA at the same time and manner as other payroll deductions. “IRAP”, the Secure Choice Individual Retirement Account Program. “MERP”, the Secure Choice Multiple-Employer Retirement Account Program. “ERISA”, the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. “Code” or “IRC”, the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 1 et seq. “PRIM Board”, the Massachusetts Pension Reserves Investment Management Board. “Qualified Plan”, any plan described in IRC Sections 401(a), 403(a), 403(b), or 457(b). “IRA”, any account of annuity described in IRC Section 408(a) or 408 (b). Section 64G. Responsibilities of Eligible Employers and Exemptions (a) Each eligible employer is required to automatically enroll its eligible employees in the IRAP. (b) An eligible employer is exempted from subsection a to the extent that it offers each of its eligible employees the opportunity to participate in a qualified plan or a payroll deduction IRA. Section 64H. IRAP (a) The Board is responsible for developing and establishing the IRAP. (b) The IRAP shall: (i)Allow eligible individuals employed for compensation in this state to contribute to an individual account established under the program through payroll deductions (ii)Provide for automatic enrollment of employees and allow employees to opt out of the plan. (iii)Have a default contribution rate set by the Board by rule. (iv)Offer default escalation and contribution levels that can be increased or decreased within the limits allowed by the IRC. (v)Pool accounts established under the plan for investment purposes. (vi)Be professionally managed. (vii)Allow the use of private sector partnerships to administer and invest the contributions to the plan under the supervision and guidance of the Board. Monies in the IRAP may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with the PRIM Board or private money managers, or both, as determined by the Board. (viii)Maintain a separate trust. (ix)Provide for the program’s administration in an efficient and cost-effective manner. (x)Be structured so that it is not governed by ERISA. (xi)Provide the Board with the authority to establish such rules and regulations as it considers appropriate for the administration of the IRAP, including with regard to the selection of investment options, the manner of safeguarding contributions and other plan assets, the payment of administrative expenses, and the purchase of insurance. (xii)Provide for the manner of the payment of benefits, which may include annuities and/or lump sums. Section 64I. MERP (a) The Board is responsible for developing and establishing the MERP. (b) The MERP shall: (i) Be qualified under IRC Section 401(a). (ii) Be a profit sharing plan as described in IRC Section 401(a)(27)(B). (iii) Be a defined contribution plan as described in IRC Section 414(i). (iv) Be governed by ERISA. (v) Be a multiple employer plan permitting the voluntary participation of employers with employees working in the Commonwealth. (vi) Permit employee contributions, as provided in IRC Section 401(k), through payroll deductions. (vii)Allow for employer contributions as matching contributions, fixed contributions, or a combination of the two. (viii)Have a default, automatic contribution rate for both employees and employers. (ix)Offer default escalation of contribution levels that can be increased or decreased within the limits allowed by the IRC. (x)Pool accounts established under the plan for investment. (xi)Be professionally managed. (xii)Allow the use of private sector partnerships to administer and invest the contributions to the plan under the supervision and guidance of the Board. Monies in the IRAP may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with the PRIM Board of private money managers, or both, as determined by the Board. (xiii)Maintain a separate trust. (xiv)Provide for the Plan’s administration in an efficient and cost-effective manner. (xv)Designate the Board as the named fiduciary, within the meaning of ERISA Section 402(a), and provide that the Board may delegate fiduciary authority as permitted under ERISA. (xvi)Designate the Board as the plan sponsor and administrator, as defined under ERISA Section (3)(16). (xvii) Provide the Board with the authority to establish such rules and regulations as it considers appropriate for the administration of the MERP, including with regard to the selection of investment options, the manner of safeguarding contributions and other plan assets, the payment of the administrative expenses, and the purchase of insurance. (xviii) Provide for the manner of the payment of benefits, which may include annuities and/or lump sums. Section 64J. Composition of the Board (a) There is hereby created within the government of the Commonwealth the Secure Choice Retirement Savings Board, which shall initially consist of seven members, with the Treasurer serving as chair, as follows: i.The Treasurer, or his or her designee ii.The Secretary of Administration and Finance, or his or her designee iii.An individual with retirement savings or investment expertise appointed by the Senate President iv.A small business representative appointed by the governor v.Two public members appointed by the Treasurer vi.An employee representative appointed by the Speaker of the House (b) Within one year of the date the Board opens the IRAP and MERP for participation, the Treasurer will remain as Board member and will conduct elections to elect Representative Board members to represent the interest of participating employers and employees. The Treasurer will conduct an election among participating employees to elect four of their number to be Representative Board members from among themselves to represent the interests of participating employers solely with respect to the MERP. These additional Board members shall be designated as Representative Board Members, and must continue to participate in the Plan in order to serve on the Board. If any such Representative Board members ceases to participate in the Plan, his or her eligibility to continue as a Representative Board member shall cease as well, and the Board shall make arrangements to hold an election to elect a replacement. The terms of Representative Board members shall be for three years. Section 64K. Risk Management The Board shall annually prepare and adopt a written statement of investment policy that includes a risk management and oversight program. The investment policy or policies shall mitigate risk by maintaining a balanced investment portfolio that provides assurance that no single investment or class of investments will have a disproportionate impact on the total portfolio. The policy and policies shall also address hedging against longevity risk through the purchase of annuities or other longevity hedging products. The risk management system is in place to monitor the risk levels of the Secure Choice Retirement Savings Plan investment portfolios and ensure that the risks taken are prudent and properly managed. The Board shall be allowed to decide investment policy for each program while making different investment decisions with each program within these guidelines. The Board shall decide whether to offer a choice of investment vehicles to participants. Section 64L. Benefit Amount Interest, earnings, and/or losses, and administrative expenses shall be allocated to program accounts as prescribed by the Board. An individual’s retirement savings benefit under the program shall be an amount equal to the balance in the individual’s program account on the date the retirement savings benefit becomes payable. The Commonwealth shall have no liability for the payment of any benefit to any participant in either the IRAP or the MERP. Section 64M. Board Duties (a) In addition to any duties described above, the Board shall have the power and the authority to do all of the following: (1) Establish one or more payroll deposit retirement savings arrangements for use by participating employers. (2) Employ staff and/or appoint record keeper, investment managers, custodians, trustees, consultants, attorneys, and such other advice and assistance as may necessary or desirable to administer the Plan, and determine the duties of the Plan administer and other staff as necessary and set their compensation. The Board shall have the authority to make rules and regulations not inconsistent with this Act. (3) Make provisions for the payment of costs of administration and operation of the trusts. (4) Evaluate and establish the process by which an eligible employee may contribute a portion of his or her salary or wages to the Plan for automatic deposit of those contributions. This may include, but is not limited to, existing processes and arrangements used for the deposit and administration of tax required to be deducted and withheld relating to the collection of income tax at source on wages or for the deposit of tax required to be paid under the unemployment insurance system. This also may include, but is not limited to, financial services companies and their-party administrators with the capability to receive and process employee information and contributions for payroll deposit retirement savings arrangements or other arrangements authorized by this title. (5) Evaluate and establish the process by which a participating employee is able to contributions for the benefit of its employees to the MERP. (6) Design and establish the process for the enrollment of Plan participants. (7) Procure insurance in connection with the property, assets, or activities of the trust, including private underwriting and/or reinsurance, to manage risk and insure the retirement savings rate of return. (8) The Commonwealth shall procure insurance indemnifying each member of the Board from personal loss or liability resulting from a member’s actions or inaction as a member of the Board, to the extent permitted by ERISA and other governing law. (9) Set default, minimum and maximum contribution levels as well as auto-escalation policies whereby participating employees’ contributions automatically escalate from year to year until they each a maximum contribution rate unless the employee changes his or her contribution rate. Participants will be immediately bested in their account balances. (10) Accept contributions from participating employers for the benefit of their employees. These contributions shall be in cash or cash equivalents only; securities shall not be accepted as contributions. (11) Design and establish the process for the enrollment of those self-employed individuals and employers who do not qualify as eligible employers who choose to voluntarily participate in the MERP. (12) Arrange for collective, common, and pooled investment of assets of the Plan, including investments in conjunction with other funds with which those assets are permitted to be collectively invested, with a view to savings costs through efficiencies and economies of scale. (13) Allocate administrative fees to each participating employee’s account balance on a pro rata basis, or such other basis as the Board determines to be fair and equitable. The Board shall keep annual administrative expenses low, but in no event shall they exceed one percent of the total trust balance. (14) Explore and establish investment options that offer employees ways to secure retirement income without incurring debt or liabilities to the state. (15) Exercise discretionary authority with regard to: i. If necessary, making determinations of the eligibility of an employer, employee, or other individual to participate in the Plan; ii. Making factual determinations regarding the Plan; iii. Interpreting the Plan’s governing documents; and iv. Such other matters as are necessary for the administration of the Plan. (b) The Board shall publish separate annual audited financial reports, prepared in accordance with generally accepted accounting principles, on the operations of the IRAP and the MERP. The annual audit shall be made by an independent certified public accountant and shall include, but not be limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees. (c) The Board shall ensure that all reports required under the Code and ERISA are properly filed for the IRAP and MERP. Section 64N. Employee Information Packet Prior to opening either the IRAP or the MERP for enrollment, the Board shall design and disseminate to employers an employee information packet for such program. The packet shall include background information on the programs and appropriate disclosures for employees. Section 64O. Disclosure Form The disclosures shall include, but not be limited to, all of the following: (1) The benefits and risks associated with participating in the relevant program. (2) The mechanics of how to join the respective program. (3) How to opt out of the program. (4) The process for applying for payment of retirement benefits. (5) How to obtain additional information. In addition, the disclosure form shall clearly articulate the following: (1) Employers are not liable for decision employees make pursuant to this bill. (2) The Plan fund is not guaranteed by the Commonwealth. Section 64P. Enforcement (a) The Massachusetts Attorney General shall have the power to enforce the provisions of this Act. (b) The Attorney General may impose, after due process, penalties against eligible employers for failure to comply with section 64g of Section 12 of up to $250 per eligible employee. Proceeds for such penalties, after deducting enforcing expenses, shall be deposited for the benefit of the IRAP. (c) The Attorney General shall impose, after due process, penalties against employers equal to lost earnings and interest on contributions made alter than the deadlines prescribed by the Board. The Attorney General shall prescribe a methodology for calculating such lost earnings and interest. Proceeds for such penalties shall be deposited for the benefit of the Trust and credited to the accounts of the affected employee(s) on a pro rata basis. Section 64Q. Liability (a) Employers shall not have any liability for an employee’s decision to participate in, or opt out of, the Secure Choice Retirement Savings Plan. (b) A participating employer shall not be a fiduciary, or considered a fiduciary, with regard to the operation of the MERP, except with respect to contribution amounts for remitted in a timely fashion. Participating employers shall not bear responsibility for the administration, investment, or investment performance of the IRAP or the MERP. Such employers shall not be liable with regard to investment returns, Plan design, and benefits paid to Plan participants. Section 64R. Savings Clause The provision of thisAct are severable. In the event that portions of this Act are declared invalid or unenforceable, the remaining terms and provisions that are not affected thereby shall remain in force and effect. Section 64S. Taxes The IRAP and MERP are exempt from Massachusetts securities law and are tax exempt under the law of the Commonwealth. SECTION 2. (a) The effective date of this act shall be January 1, 2020. (b) Notwithstanding the forgoing, Section 64G shall be effective as follows: i.For each eligible employer with 100 or more eligible employees, three months after the Board opens the Plan for enrollment. ii.For each eligible employer with 50 or more but fewer than 100 eligible employees, six months after the Board opens the Plan for enrollment. iii.For each eligible employer with fewer than 50 eligible employees, nine months after the Board opens the Plan for enrollment. iv.The Board may delay these effective dates in its discretion for no more than 12 additional months.

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An Act relative to annuity nonforfeiture

H1071

HD2386

{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T12:42:32.423'}

[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T12:42:32.4233333'}]

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Bill

By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1071) of Meghan Kilcoyne relative to annuity nonforfeiture. Financial Services.

Ch. 175, Section 144A1/2 is hereby amended, in line 79, by striking out the number 1 and replacing it with the following:- .15

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An Act relative to behavioral health and nutrition counseling

H1072

HD2389

{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T11:50:00.567'}

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Bill

By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1072) of Meghan Kilcoyne and Edward R. Philips relative to healthcare coverage for behavioral health and nutrition counseling. Financial Services.

SECTION 1. Subsection (a) of section 30 of chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 2. Subsection (a) of section 79 of chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 3. Subsection (a) of section 47MM of chapter 175 of the General Laws, as inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 4. Subsection (a) of section 38 of chapter 176A of the General Laws, as inserted by section 49 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 5. Subsection (a) of section 25 of chapter 176B of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 6. Subsection (a) of section 33 of chapter 176G of the General Laws, as inserted by section 53 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 7. Subsection (a) of section 13 of chapter 176I of the General Laws, as inserted by section 54 of chapter 260 of the acts of 2020, is hereby amended by striking out the words “substance use disorders” and inserting in place thereof the following words:- substance use disorders and care and services provided by a dietitian/nutritionist licensed pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.

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An Act relative to telehealth parity for nutrition counseling

H1073

HD2391

{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T11:48:18.203'}

[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T11:48:18.2033333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-13T09:57:25.36'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:53:57.72'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-05T09:30:57.57'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-05T09:30:57.57'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-05T13:03:25.31'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-04-10T11:15:17.1433333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-10T11:15:17.1433333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-21T13:37:56.39'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-09-11T11:12:39.9433333'}]

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Bill

By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1073) of Meghan Kilcoyne and Edward R. Philips relative to telehealth parity for nutrition counseling. Financial Services.

SECTION 1. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) The commission shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) The division shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) Insurance companies organized under this chapter shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) Hospital service corporations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) Medical service corporations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) Health maintenance organizations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:- “Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) Organizations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

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An Act relative to cancer patient access to biomarker testing to provide appropriate therapy

H1074

HD2413

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McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-02-03T15:50:45.3766667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-02-03T15:50:45.3766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-03T15:50:45.3766667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-03T15:50:45.3766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T15:56:44.1166667'}, {'Id': 'DWG1', 'Name': 'Danielle W. 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http://malegislature.gov/api/GeneralCourts/193/Documents/H1074/DocumentHistoryActions

Bill

By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1074) of Meghan Kilcoyne and others relative to cancer patient access to biomarker testing to provide appropriate therapy. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R, the following section:- Section 17S. (a) As used in this section, the following words shall have the following meanings: “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or protein expression. “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests, multi-plex panel tests, and whole genome sequencing. “Consensus statements” as used here are statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict of interest policy. These statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. “Nationally recognized clinical practice guidelines” as used here are evidence-based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Clinical practice guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options and include recommendations intended to optimize patient care. (b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for biomarker testing as defined in this section, pursuant to criteria established under subsection (c). (c) Biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition when the test is supported by medical and scientific evidence, including, but not limited to: (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-approved drug; (2) Centers for Medicare and Medicaid Services (CMS) National Coverage Determinations or Medicare Administrative Contractor (MAC) Local Coverage Determinations; or (3) Nationally recognized clinical practice guidelines and consensus statements. (d) coverage as defined in subsection (c) of this section shall be provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples. (e) In the case of coverage which requires prior authorization, a carrier or a utilization review organization subject to this section must approve or deny a prior authorization request or appeal and notify the enrollee and the enrollee’s health care provider within 72 hours. If additional delay would result in significant risk to the insured’s health or well-being, a carrier or a utilization review organization shall approve or deny the request within 24 hours. If a response by a carrier or utilization review organization is not received within the time required under this paragraph, said request or appeal shall be deemed granted. (f) The patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception to a coverage policy or an adverse utilization review determination. The process shall be made readily accessible on the carrier’s website. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N, the following section:- Section 10O. (a) As used in this section, the following words shall have the following meanings: “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or protein expression. “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests, multi-plex panel tests, and whole genome sequencing. “Consensus statements” as used here are statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict of interest policy. These statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. “Nationally recognized clinical practice guidelines” as used here are evidence-based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Clinical practice guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options and include recommendations intended to optimize patient care. (b) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for biomarker testing as defined in this section, pursuant to criteria established under subsection (c). (c) Biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition when the test is supported by medical and scientific evidence, including, but not limited to: (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-approved drug; (2) Centers for Medicare and Medicaid Services (CMS) National Coverage Determinations or Medicare Administrative Contractor (MAC) Local Coverage Determinations; or (3) Nationally recognized clinical practice guidelines and consensus statements. (d) coverage as defined in subsection (c) of this section shall be provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples. (e) In the case of coverage which requires prior authorization, a carrier or a utilization review organization subject to this section must approve or deny a prior authorization request or appeal and notify the enrollee and the enrollee’s health care provider within 72 hours. If additional delay would result in significant risk to the insured’s health or well-being, a carrier or a utilization review organization shall approve or deny the request within 24 hours. If a response by a carrier or utilization review organization is not received within the time required under this paragraph, said request or appeal shall be deemed granted. (f) The patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception to a coverage policy or an adverse utilization review determination. The process shall be made readily accessible on the carrier’s website. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47PP, the following section:- Section 47QQ. (a) As used in this section, the following words shall have the following meanings: “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or protein expression. “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests, multi-plex panel tests, and whole genome sequencing. “Consensus statements” as used here are statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict of interest policy. These statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. “Nationally recognized clinical practice guidelines” as used here are evidence-based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Clinical practice guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options and include recommendations intended to optimize patient care. (b) An individual policy of accident and sickness insurance issued under section 108 that provides benefits for hospital expenses and surgical expenses and any group blanket policy of accident and sickness insurance issued under section 110 that provides benefits for hospital expenses and surgical expenses delivered, issued or renewed by agreement between the insurer and the policyholder, within or outside the commonwealth, shall provide benefits for residents of the commonwealth and all group members having a principal place of employment in the commonwealth for biomarker testing as defined in this section, pursuant to criteria established under subsection (c). (c) Biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition when the test is supported by medical and scientific evidence, including, but not limited to: (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-approved drug; (2) Centers for Medicare and Medicaid Services (CMS) National Coverage Determinations or Medicare Administrative Contractor (MAC) Local Coverage Determinations; or (3) Nationally recognized clinical practice guidelines and consensus statements. (d) coverage as defined in subsection (c) of this section shall be provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples. (e) In the case of coverage which requires prior authorization, a carrier or a utilization review organization subject to this section must approve or deny a prior authorization request or appeal and notify the enrollee and the enrollee’s health care provider within 72 hours. If additional delay would result in significant risk to the insured’s health or well-being, a carrier or a utilization review organization shall approve or deny the request within 24 hours. If a response by a carrier or utilization review organization is not received within the time required under this paragraph, said request or appeal shall be deemed granted. (f) The patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception to a coverage policy or an adverse utilization review determination. The process shall be made readily accessible on the carrier’s website. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8QQ, the following section:- Section 8RR. (a) As used in this section, the following words shall have the following meanings: “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or protein expression. “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests, multi-plex panel tests, and whole genome sequencing. “Consensus statements” as used here are statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict of interest policy. These statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. “Nationally recognized clinical practice guidelines” as used here are evidence-based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Clinical practice guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options and include recommendations intended to optimize patient care. (b) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for biomarker testing as defined in this section, pursuant to criteria established under subsection (c). (c) Biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition when the test is supported by medical and scientific evidence, including, but not limited to: (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-approved drug; (2) Centers for Medicare and Medicaid Services (CMS) National Coverage Determinations or Medicare Administrative Contractor (MAC) Local Coverage Determinations; or (3) Nationally recognized clinical practice guidelines and consensus statements. (d) coverage as defined in subsection (c) of this section shall be provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples. (e) In the case of coverage which requires prior authorization, a carrier or a utilization review organization subject to this section must approve or deny a prior authorization request or appeal and notify the enrollee and the enrollee’s health care provider within 72 hours. If additional delay would result in significant risk to the insured’s health or well-being, a carrier or a utilization review organization shall approve or deny the request within 24 hours. If a response by a carrier or utilization review organization is not received within the time required under this paragraph, said request or appeal shall be deemed granted. (f) The patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception to a coverage policy or an adverse utilization review determination. The process shall be made readily accessible on the carrier’s website. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4QQ, the following section:- Section 4RR. (a) As used in this section, the following words shall have the following meanings: “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or protein expression. “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests, multi-plex panel tests, and whole genome sequencing. “Consensus statements” as used here are statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict of interest policy. These statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. “Nationally recognized clinical practice guidelines” as used here are evidence-based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Clinical practice guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options and include recommendations intended to optimize patient care. (b) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for biomarker testing as defined in this section, pursuant to criteria established under subsection (c). (c) Biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition when the test is supported by medical and scientific evidence, including, but not limited to: (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-approved drug; (2) Centers for Medicare and Medicaid Services (CMS) National Coverage Determinations or Medicare Administrative Contractor (MAC) Local Coverage Determinations; or (3) Nationally recognized clinical practice guidelines and consensus statements. (d) coverage as defined in subsection (c) of this section shall be provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples. (e) In the case of coverage which requires prior authorization, a carrier or a utilization review organization subject to this section must approve or deny a prior authorization request or appeal and notify the enrollee and the enrollee’s health care provider within 72 hours. If additional delay would result in significant risk to the insured’s health or well-being, a carrier or a utilization review organization shall approve or deny the request within 24 hours. If a response by a carrier or utilization review organization is not received within the time required under this paragraph, said request or appeal shall be deemed granted. (f) The patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception to a coverage policy or an adverse utilization review determination. The process shall be made readily accessible on the carrier’s website. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG, as so appearing, the following section:- Section 4JJ. (a) As used in this section, the following words shall have the following meanings: “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or protein expression. “Biomarker testing” is the analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests, multi-plex panel tests, and whole genome sequencing. “Consensus statements” as used here are statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict of interest policy. These statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. “Nationally recognized clinical practice guidelines” as used here are evidence-based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Clinical practice guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options and include recommendations intended to optimize patient care. (b) Any individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for biomarker testing as defined in this section, pursuant to criteria established under subsection (c). (c) Biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition when the test is supported by medical and scientific evidence, including, but not limited to: (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-approved drug; (2) Centers for Medicare and Medicaid Services (CMS) National Coverage Determinations or Medicare Administrative Contractor (MAC) Local Coverage Determinations; or (3) Nationally recognized clinical practice guidelines and consensus statements. (d) coverage as defined in subsection (c) of this section shall be provided in a manner that limits disruptions in care including the need for multiple biopsies or biospecimen samples. (e) In the case of coverage which requires prior authorization, a carrier or a utilization review organization subject to this section must approve or deny a prior authorization request or appeal and notify the enrollee and the enrollee’s health care provider within 72 hours. If additional delay would result in significant risk to the insured’s health or well-being, a carrier or a utilization review organization shall approve or deny the request within 24 hours. If a response by a carrier or utilization review organization is not received within the time required under this paragraph, said request or appeal shall be deemed granted. (f) The patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception to a coverage policy or an adverse utilization review determination. The process shall be made readily accessible on the carrier’s website.

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An Act ensuring support groups are part of the pathway of care following the annual mental health wellness exam

H1075

HD2770

{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T16:10:09.333'}

[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T16:10:09.3333333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:48:32.77'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-27T15:06:28.27'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-03-30T11:29:50.5433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-22T10:32:55.0866667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-21T16:07:27.43'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T15:25:04.0033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1075/DocumentHistoryActions

Bill

By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1075) of Michael P. Kushmerek and others relative to ensuring support groups are part of the pathway of care following annual mental health wellness exams. Financial Services.

SECTION 1. Section 47TT of Chapter 175, as appearing in the Official Edition, is hereby amended by inserting in subsection (a) after the words “interviews and questions” the following paragraph: A list of appropriate resources for treatment shall be compiled and updated annually by the department of mental health. The list shall be required to be distributed to an individual at the time of the mental health wellness examination, in both paper and electronic formats. The list shall be reviewed and updated annually by the department. SECTION 2. Section 47TT of Chapter 175, as appearing in the Official Edition, is hereby further amended by inserting at the end thereof the following subsections: (d) If a patient receives a mental health diagnosis resulting from the annual mental health wellness examination, the provider must at that time provide a referral for the patient to seek follow up care. This referral must be for a treatment option that can be accessed within six weeks of the time of the examination. The referral could include but not be limited to individualized didactic talk therapy or to an evidence-based support group. (e) The executive office of health and human services shall annually assess the behavioral healthcare workforce and resources available for treatment referrals and identify any existing gaps. This shall include an analysis of the number of referrals to treatment made as a result of the annual mental health wellness exam, as well as the number of referrals successfully accessed and through which specific treatment was received. Such data shall be anonymized and aggregated to ensure that individual patient outcomes would be kept confidential and not shared in any circumstance. The results of this report shall be submitted annually by March 1st to the house and senate committee on ways and means as well as the joint committee on mental health. (f) As part of ensuring access to adequate behavioral healthcare, the state shall build upon the network of community behavioral health centers and shall establish, subject to appropriation, a network of evidence-based support groups that shall increase access to behavioral healthcare services following from referrals made as part of the annual mental health wellness examination.

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An Act relative to mortgage licensing in Massachusetts

H1076

HD1425

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:44:08.683'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:44:08.6833333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:48:16.5633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:36:50.1166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1076/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1076) of John J. Lawn, Jr., Smitty Pignatelli and Vanna Howard relative to mortgage licensing fees. Financial Services.

Chapter 206, Acts of 2007, Section 15, § 6, is hereby replaced by the following: Section 6. Each application for a license shall be accompanied by an investigation fee. Investigation and license fees shall be determined annually by the secretary of administration under section 3B of chapter 7 provided that such total annual fees shall be not less than $500 for licensees of non-Massachusetts Corporations and not less than $300 for licensees of Corporations headquartered within the Commonwealth of Massachusetts; provided further, that such investigation and license fees shall not apply to any community development corporation as defined in section 1 of chapter 40F and organized under the General Laws. The license of a mortgage loan originator shall expire annually. Each licensee, shall annually, on or before a date to be determined by the commissioner, submit a license renewal application. The license renewal application shall be on a form prescribed by the commissioner, signed under the pains and penalties of perjury, containing such information as the commissioner may require.

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An Act relative to insurance company rebates

H1077

HD1434

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:48:37.72'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:48:37.72'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:18:09.6166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1077/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1077) of John J. Lawn, Jr., and Vanna Howard relative to insurance company rebates. Financial Services.

SECTION 1. Chapter 175 of the General Laws is amended by striking out section 182, as appearing in the 2020 Official Edition, and inserting in place thereof the following section: Section 182. No company, no officer or agent thereof and no insurance broker shall pay or allow, or offer to pay or allow, in connection with placing or negotiating any policy of insurance or any annuity or pure endowment contract or the continuance or renewal thereof, any valuable consideration or inducement in an amount greater than twenty five dollars not specified in the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon; or shall give, sell or purchase, or offer to give, sell or purchase, anything of value whatsoever in an amount greater than twenty five dollars not specified in the policy; or shall give, sell, negotiate, deliver, issue, or authorize to issue or offer to give, sell, negotiate, deliver, issue, or authorize to issue any policy of workers' compensation insurance, or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section thirty-four A of chapter ninety, at a rate different from that fixed, established or approved by the commissioner. Valuable consideration or inducement shall not include any products or services provided at no or a reduced cost by or through an insurance company, insurance agent, or third party representative, when such products or services are not specified in the policy of insurance, if the products or services relate to the insurance coverage and are primarily designed to satisfy one or more of the following: (i) provide loss mitigation or loss control; (ii) reduce claim costs or claim settlement costs; (iii) provide education about liability risks or risk of loss to persons or property; (iv) monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; (v) provide administrative services; (vi) enhance health; (vii) enhance financial wellness through items such as education or financial planning services; (viii) provide post-loss services; (ix) incent behavioral changes to improve the health or reduce the risk of death or disability of a customer (defined for purposes of this section as policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured or applicant); or (x) assist in the administration of the employee or retiree benefit insurance coverage. No such company, officer, agent or broker shall at any time pay or allow, or offer to pay or allow, any rebate of any premium paid or payable on any policy of insurance or any annuity or pure endowment contract. Nothing in this chapter shall prevent any life company from making supplemental agreements, not specified in the policy, which give the policy owner or insured the right to borrow money from the life company in connection with a student loan insurance program, pursuant to United States Public Law 89–329, or pursuant to any similar federal statute; provided, however, that such loans are to be made, issued, assumed or guaranteed by the United States of America or any instrumentality thereof, or by any state of the United States. SECTION 2. Said chapter 175 is hereby further amended by striking out section 183, as appearing in the 2020 official edition, and inserting in its place thereof the following section:- Section 183. No person shall receive or accept from any company or officer or agent thereof, or any insurance broker, or any other person, any such rebate of premium paid or payable on the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration as an inducement in an amount greater than twenty five dollars not specified in the policy or contract or any policy of workers compensation insurance, or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section 34A of chapter 90, at a rate different from that fixed, established or approved by the commissioner. Valuable consideration or inducement shall not include any products or services provided at no or a reduced cost by or through an insurance company, insurance agent, or third party representative, when such products or services are not specified in the policy of insurance, if the products or services relate to the insurance coverage and are primarily designed to satisfy one or more of the following: (i) provide loss mitigation or loss control; (ii) reduce claim costs or claim settlement costs; (iii) provide education about liability risks or risk of loss to persons or property; (iv) monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; (v) provide administrative services; (vi) enhance health; (vii) enhance financial wellness through items such as education or financial planning services; (viii) provide post-loss services; (ix) incent behavioral changes to improve the health or reduce the risk of death or disability of a customer (defined for purposes of this section as policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured or applicant); or (x) assist in the administration of the employee or retiree benefit insurance coverage. No person shall be excused from testifying, or from producing any books, papers, contracts, agreements or documents at the trial of any other person charged with violating any provision of this and the preceding section, on the ground that such testimony or evidence may tend to incriminate himself; but no person shall be prosecuted for any act concerning which he shall be compelled so to testify or produce evidence, documentary or otherwise, except for perjury committed in so testifying. SECTION 3. Section 3 of chapter 176D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph of subsection (8) and inserting in place thereof following: (8) Rebates: Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any insurance contract, including but not limited to a contract for life insurance, life annuity or accident and health insurance, or agreement as to such contract other than as plainly expressed in the insurance contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration as an inducement in an amount greater than twenty five dollars not specified in the contract; or giving, or selling, or purchasing or offering to give, sell, or purchase as inducement to such insurance contract, or annuity or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value in an amount greater than twenty five dollars not specified in the contract. Valuable consideration or inducement shall not include any products or services provided at no or a reduced cost by or through an insurance company, insurance agent, or third party representative, when such products or services are not specified in the policy of insurance, if the products or services relate to the insurance coverage and are primarily designed to satisfy one or more of the following: (i) provide loss mitigation or loss control; (ii) reduce claim costs or claim settlement costs; (iii) provide education about liability risks or risk of loss to persons or property; (iv) monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; (v) provide administrative services; (vi) enhance health; (vii) enhance financial wellness through items such as education or financial planning services; (viii) provide post-loss services; (ix) incent behavioral changes to improve the health or reduce the risk of death or disability of a customer (defined for purposes of this section as policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured or applicant); or (x) assist in the administration of the employee or retiree benefit insurance coverage.

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An Act making changes to certain references in the banking laws of the Commonwealth

H1078

HD1443

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:52:32.367'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:52:32.3666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:17:40.6466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1078/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1078) of John J. Lawn, Jr., and Vanna Howard for legislation to make changes to certain references in banking laws. Financial Services.

SECTION 1. Section 83 of chapter 62C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 8 to 11, the words “section twenty-six of chapter one hundred and sixty-eight or section eighteen of chapter one hundred and seventy or section twenty-two of chapter one hundred and seventy-two” and inserting in place thereof the words:– section 9 of chapter 167J. SECTION 2. Section 1 of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 93, the words “section 38 of chapter 167” and inserting in place thereof the words:- section 15 of chapter 167C. SECTION 3. Subsection (g) of section 4-406 of chapter 106 of the General Laws, as so appearing, is hereby amended by striking out the number “27” and inserting in place thereof the number:– 7. SECTION 4. Subsection (f) of section 3 of chapter 110F of the General Laws, as so appearing, is hereby amended by striking out, in lines 92 to 96, inclusive, the words “ a savings bank in stock form to which certain provisions of said chapter 172 apply pursuant to section 34C of chapter 168, or a cooperative bank in stock form to which certain provisions of said chapter 172 apply pursuant to section 26C of chapter 170” and inserting in place thereof the words:- a savings bank in stock form or a cooperative bank in stock form. SECTION 5. Subsection (a) of section 183 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 to 24, the words “a savings bank to which certain provisions of said chapter 172 apply pursuant to section 34C of chapter 168, a cooperative bank in stock form to which certain provisions of chapter 172 apply pursuant to section 26C of chapter 170” and inserting in place thereof the following words:- a savings bank in stock form, a cooperative bank in stock form. SECTION 6. Section 2A of chapter 167 of the General Laws, as so appearing, is hereby amended by striking out, in lines 42 and 48, the words “banks and banking” and inserting in place thereof the following words:– financial services. SECTION 7. Section 14 of said chapter 167, as so appearing, is hereby amended by striking out, in line 41, the words “banks and banking” and inserting in place thereof the following words:–financial services. SECTION 8. Section 37 of said chapter 167, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “sixty-seven G, inclusive, and chapters one hundred and sixty eight to one hundred and seventy two A, inclusive,” and inserting in place thereof the following words:- 167J, inclusive, and chapters 168, 170, 171 and 172. SECTION 9. Section 3 of chapter 167B of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph. SECTION 10. Section 12 of chapter 167C of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph. SECTION 11. Section 1 of chapter 167E of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the word “muform” and inserting in place thereof the words:- mutual form. SECTION 12. Section 2 of chapter 167H of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “the merger” and inserting in place thereof the following words:- the organization of an interim bank or the merger. SECTION 13. Subsection (a) of said section 2 of said chapter 167H, as so appearing, is hereby amended by striking out, in line 14, the word “mutual”. SECTION 14. Section 2 of said chapter 167H, as so appearing, is hereby amended by striking out, in line 32, the words “the merger” and inserting in place thereof the words:- the organization of an interim bank or the merger. SECTION 15. Section 6 of said chapter 167H, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “may elect to follow the corporate governance procedures of the General Laws” and inserting in place thereof the following words:- may elect, from time to time, to follow the corporate governance provisions of chapter 156D. SECTION 16. The definition of the term “Stock bank” in section 1 of chapter 167I of the General Laws, as so appearing, is hereby amended by striking out, in line 40, the term “chapter 168 or 170” and inserting in place thereof the words:-chapter 167H or section 9 of this chapter. SECTION 17. The first paragraph of section 2 of said chapter 167I, as so appearing, is hereby amended by inserting after the first sentence the following two sentences:- One or more mutual banks, one or more thrift institutions and a subsidiary banking institution may merge or consolidate into the single subsidiary banking institution, upon terms approved by a vote of at least 2/3 of the board of each mutual bank, by the board of each thrift institution in accordance with the laws under which each such thrift institution is organized, and the board of the subsidiary banking institution and approved in writing by the commissioner. For the remaining provisions of this section references to a mutual bank or mutual banks shall also mean a subsidiary banking institution. SECTION 18. The second sentence of said section 2 of said chapter 167I, as so appearing, is hereby amended by inserting after the word “body”, in line 11, the following words:– present and voting thereon. SECTION 19. The second sentence of section 3 of said chapter 167I, as so appearing, is hereby amended by inserting after the words “stock bank”, in line 13, the following words:– present and voting thereon. SECTION 20. The fifth sentence of said section 3 of said chapter 167I, as so appearing, is hereby amended by inserting after the words “stock bank”, in line 36, the following words:– present and voting. SECTION 21. The third paragraph of said section 3 of said chapter 167I, as so appearing, is hereby amended by striking out, in line 64, the word “ascertained” and inserting in place thereof the following words:– ascertained and paid. SECTION 22. Section 11 of said chapter 167I, as so appearing, is hereby amended by inserting after the words “voting body”, in line 2, the first time they appear, the following words:– present and voting. SECTION 23. Section 13 of said chapter 167I, as so appearing, is hereby amended by striking out, in lines 29 and 30, the words “stockholders owning at least 2/3of the stock of such corporation” and inserting in place thereof the following words:– 2/3 of the stockholders present and voting thereon. SECTION 24. Section 15 of said chapter 167I, as so appearing, is hereby amended by inserting after the word “bank”, in line 4, the second time it appears, the following words:- present and voting thereon. SECTION 25. Section 8 of chapter 167J of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “state or federally chartered” and inserting in place thereof the following words:- federal savings bank or federal. SECTION 26. Said section 8 of chapter 167J of the general laws, as so appearing, is hereby further amended by striking out, in line 14, the words “said trust company” and inserting in place thereof the words:- a bank. SECTION 27. Section 21 of said chapter 167J, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “may elect to follow the corporate governance procedures” and inserting in place thereof the following words:- may elect, from time to time, to follow the corporate governance provisions. SECTION 28. Section 17 of chapter 168 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the words “or federal” and inserting in place thereof the following words:- or federal savings bank or federal. SECTION 29. Section 19 of chapter 168, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:– Within 60 days after the annual meeting, the clerk shall cause to be filed with the records of the corporation a list containing the names of the corporators indicating those who are trustees. SECTION 30. The eighth paragraph of section 9A of chapter 172 of the General Laws, as so appearing, is hereby amended by striking out, in line 78, the words” through 167G” and inserting in place thereof the words:- through 167J.

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An Act providing for temporary emergency licensing of appraisers of motor vehicle damage covered by auto insurance policies

H1079

HD1460

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:04:07.017'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:04:07.0166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:17:04.24'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1079/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1079) of John J. Lawn, Jr., and Vanna Howard relative to appointing temporary qualified appraisers for damage covered by auto insurance policies. Financial Services.

SECTION 1. Section 8G of chapter 26 of the General Laws is hereby amended by adding at the end thereof the following paragraph: Upon a declaration of an emergency in any area of the commonwealth by the governor or upon the declaration by the commissioner of insurance that severe weather conditions or other circumstances have resulted in a claims emergency, and notwithstanding any other provision of this section, an insurer may appoint temporary qualified appraisers to facilitate the prompt resolution of claims arising out of the emergency by notifying the Board either in writing, electronically or by facsimile. An appraiser already licensed in another state or an appraiser who works for an insurer that does business in Massachusetts and who regularly appraises motor vehicles in a state where an appraiser license is not required shall be considered a qualified appraiser. A qualified appraiser so appointed shall be considered licensed for all purposes of this section, that that status shall terminate upon a determination by the commissioner of insurance that temporary appraisers are no longer required to facilitate the resolution of claims. SECTION 2. This act shall take effect on enactment.

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An Act relative to equity In the cannabis industry

H108

HD1326

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T10:40:27.6'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T10:40:27.6'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-08-14T14:22:54.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H108/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 108) of Colleen M. Garry relative to cannabis industry host community agreements. Cannabis Policy.

Notwithstanding chapter 94G of the General Laws as appearing in the 2020 Official Edition, or any other general lor special law or regulation to the contrary, Host Community Agreements entered into prior to August 11, 2022, shall not be reviewable or challenged if the Host Impact Fees do not exceed 3% of gross sales for the first 5 years of the agreement.

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An Act mandating access to cancer screenings for firefighters through health care benefits plans or programs provided by the public employer

H1080

HD1494

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:27:18.68'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:27:18.68'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T14:55:51.6933333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-02T14:25:23.2866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:25:23.2866667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-02T14:25:23.2866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-02T14:25:23.2866667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T14:25:23.2866667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T14:25:23.2866667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-07T13:15:53.2533333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-07T13:15:53.2533333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T13:15:53.2533333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-07T13:15:53.2533333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T11:14:48.6533333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-15T12:47:53.3733333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-23T14:33:11.4566667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T14:33:11.4566667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T14:40:47.3233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:34:02.0933333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-22T13:01:05.75'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1080/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1080) of John J. Lawn, Jr., and others for legislation to mandate cancer screenings for firefighters through health care benefits plans or programs provided by the public employer. Financial Services.

A firefighter employed as a full-time paid employee of a fire department of the State or a City, Town, Fire or Water District, shall be provided a cancer screening examination conducted by a physician not less than three years after the start of the firefighter’s employment as a firefighter and every three years thereafter during the course of the firefighter’s employment. This section shall also apply to members of the Massachusetts military reservation fire department, members of the 104th fighter wing fire department, and members of the Devens fire department established pursuant to chapter 498 of the acts of 1993 and, for the purposes of this section, the Massachusetts Port Authority, the Massachusetts Military Reservation, the Barnes Air National Guard Base and the Devens Regional Enterprise Zone established pursuant to said chapter 498 shall be fire districts. The examination shall include screening for, at a minimum and when applicable, the following cancers: Colon; Lung; Bladder; Oral; Thyroid; Skin; Blood; Breast; Cervical; Testicular; and Prostate. All costs associated with screenings provided under this section shall be borne by the firefighter’s health care benefits plan or program provided by the firefighter’s employer. No co-payment, deductible, coinsurance, or any out-of-pocket expense shall be required for such examinations.

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An Act relative to preserving preventative services without cost sharing

H1081

HD2499

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-19T13:50:32.977'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-19T13:50:32.9766667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:58:48.8833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-31T14:58:48.8833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:26:45.78'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:26:45.78'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1081/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1081) of John J. Lawn, Jr., and others relative to preserving preventative services without cost sharing. Financial Services.

SECTION 1. Chapter 176O of the General Laws is hereby amended by adding the following section:- Section 30. (a) For a health plan issued on or after January 1, 2025, a carrier, as defined by this chapter or subject to chapters 32A or 176J, shall, at a minimum, provide coverage for: (i) evidence-based items or services that have a rating of A or B in the recommendations of the United States Preventive Services Task Force, with respect to the individual involved; (ii) immunizations for routine use in children, adolescents and adults in accordance with the recommendations and immunization schedules from the Advisory Committee on Immunization Practices and approved by the director of the centers for disease control and prevention, with respect to the individual involved; (iii) evidence-informed preventive care and screenings for infants, children and adolescents, as described in comprehensive guidelines supported by the Health Resources and Services Administration; and (iv) evidence-informed preventive care for women, to the extent not described in clause (i) of this subsection; provided, that such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. (b) Nothing in this section shall prohibit a carrier from providing coverage for items and services in addition to those recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices, and the Health Resources and Services Administration, or denying coverage for items and services that are not recommended. (c) If a recommendation described in subsection (a) is changed during a health plan year, a carrier is not required to make changes to that health plan during the plan year. (d) The division shall issue guidance as necessary to implement and enforce this section. SECTION 2. The division of insurance shall issue guidance under section 30 of subsection (d) of chapter 176O of the General Laws not later than 90 days after the effective date of this act.

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An Act relative to fair access for qualifying patients

H1082

HD247

{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-11T13:00:08.593'}

[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-11T13:00:08.5933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:39:00.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1082/DocumentHistoryActions

Bill

By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 1082) of David Henry Argosky LeBoeuf and Vanna Howard relative to eligibility for reimbursement by certain health plans. Financial Services.

SECTION 1. Notwithstanding any general or special law, a health care provider certifying a patient in accordance with Section 1 of Chapter 94I of the Massachusetts General Laws may be eligible for reimbursement for such certification by qualifying health plans regulated under Chapters 32A, 175, 176A, 176B and 176G. SECTION 2. Health plans may include cannabis for medical use, as defined in Section 1 of Chapter 94I of the Massachusetts General Laws in their formulary, subject to its inclusion on Schedule II, Schedule III, Schedule IV, Schedule V, or Schedule VI of the Drug Control Program within the Department of Public Health.

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An Act to facilitate alternatives to foreclosure

H1083

HD3297

{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-20T11:48:59.123'}

[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-20T11:48:59.1233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T10:46:52.61'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-03T10:33:39.4466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:17:40.7733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1083/DocumentHistoryActions

Bill

By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 1083) of David Henry Argosky LeBoeuf and others for legislation to facilitate alternatives to foreclosures. Financial Services.

SECTION 1. Chapter 244 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 35C the following section:- Section 35D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Mortgagor” or “Borrower”, an individual mortgagor, their assignee, successor, or a trust or trustee who owns and resides in residential real property located in the city, and for whom such residential real property is their principal residence. “Commercially reasonable alternative”, an alternative based on a comparison of the net present value of receiving payments pursuant to a modified mortgage loan or the likely financial recovery from other foreclosure alternatives to the anticipated net recovery following foreclosure and related proceeding incorporating an assessment of the borrower’s current circumstances, including without limitation the borrower’s current income, debts and obligations. “Creditor”, a person or entity that holds, owns or controls, partially, wholly, directly or indirectly, a mortgage loan secured by residential property, including, without limitation, a mortgagee, holder, investor, assignee, successor, trust, trustee, or mortgage loan servicer, including but not limited to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or any other government sponsored entity. The term “creditor” shall also include any servant, employee, subcontractor or agent of a creditor. “Creditor’s representative”, a person with documented prior authorization from the principal and their authority to negotiate and approve the terms of and modify a mortgage loan. “Massachusetts Foreclosure Mediation Program” or “the program”, the program created pursuant to subsection (b). “Mediation program manager”, a neutral not-for-profit organization or law firm selected by the attorney general whose personnel qualify as mediators under this Act. “Mediator”, An individual, employee of the Attorney General’s Office, housing counselor certified through the Department of Housing and Urban Development, or through the Citizens’ Housing and Planning Association or personnel of the Mediation program manager (i) trained in compliance with the qualification standards for neutrals specified in the guidelines for training mediators adopted by the Supreme Judicial Court of Massachusetts pursuant to Rule 8 of the Uniform Rules for Dispute Resolution, (2) knowledgeable of the mortgage foreclosure laws of the commonwealth, (3) with a working knowledge of all federal, state and regional programs available to help homeowners retain their homes. “Modified mortgage loan”, a mortgage modified from its original terms including, but not limited to, a loan modified under 1 of the following: (i) the Home Affordable Modification Program; (ii) the Federal Deposit Insurance Corporation Loan Modification Program; (iii) any modification program that a lender uses which is based on accepted principles and the safety and soundness of the institution and authorized by the National Credit Union Administration or the division of banks; (iv) the Federal Housing Administration; or (v) a similar federal loan modification plan. “Mortgage loan”, a loan, both mortgage note and mortgage deed on residential property, to a natural person, a nominee trust or any other entity commonly recognized under Massachusetts law as a lawful Mortgagor made primarily for personal, family or household purposes. “Mortgagee”, or “mortgage holder” a person who has invested funds or other consideration for the grant of and who is named as such in the mortgage or any assignment thereof. “Net present value”, the present net value of a residential mortgage loan based on a calculation using 1 of the following: (i) the federal Home Affordable Modification Program base net present value model; (ii) the Federal Deposit Insurance Corporation’s loan modification program; (iii) the Massachusetts Housing Finance Agency’s loan program, used solely by the agency to compare the expected economic outcome of a loan with or without a modified mortgage loan; or (iv) any model approved by the division of banks with similar affordability requirements and characteristics based on federally recognized present-day inputs and including principal reduction. “Net recovery following foreclosure”, a calculation of mortgagee’s costs until projected sale or resale to third party purchaser, including but not limited to: (i) costs from projected delinquency; (ii) interest; (iii) fees by date of foreclosure based on current actual length of foreclosure process in Massachusetts; (iv) costs associated with all legally required actions to foreclose and percentage loss from foreclosure sale; (v) costs to meet all sanitary code requirements; (vi) property maintenance costs; (vii) costs associated with eviction, if part of standard operating procedure for creditor; and (viii) other ownership costs. “Proof of ownership”, all documents evidencing an unbroken chain of title and ownership of the mortgage note and mortgage, including all assignments of the mortgage whether recorded or unrecorded evidencing an unbroken chain of title, the wet ink mortgage note in its then-current condition evidencing the debt unless the parties agree in writing to accept a certified copy, an unbroken chain of legal transfers by endorsement or other extrinsic evidence, fully executed founding document if the mortgagee is a non-governmental entity, and authority documents. “Residential property”, real property located in the commonwealth, on which there is a dwelling with accommodations for 4 or fewer separate households or a residential condominium unit or a residential co-op unit and occupied, or to be occupied, in whole or in part by the as her or his principal residence; provided, further, that residential property shall not include residential property taken in whole or in part as collateral for a commercial loan. (b) There shall be a Massachusetts Foreclosure Mediation Program administered by a mediation program manager. (c) A mortgagee shall concurrently send to the program a copy of the notice sent to the Mortgagor of residential property under section 35A. The program shall then send to the mortgagor the notice of right to mediation and a foreclosure mediation request form. If a notice of right to cure is not required, the mortgagee shall, at least 90 days before initiating foreclosure, send a notice of intent to foreclose to the program and the mortgagor. The program shall then send the mortgagor the notice of right to mediation. The program shall also telephone mortgagors to inform them of their right to participate in mediation. The notice shall be mailed in the 5 languages most commonly spoken in the commonwealth in addition to English. A Mortgagor may request foreclosure mediation by submitting the foreclosure mediation request form to the program not more than 30 days after receipt of the notice. (d) An individual mediation session shall be conducted by a neutral third-party mediator between the Mortgagor, the Mortgagor’s representative or housing counselor and the creditor’s representative, who shall provide proof of the authority to negotiate an alternative to foreclosure, including but not limited to: (i) reinstatement of the loan, (ii) a modified mortgage loan, (iii) a reduction in principal, (iv) a reduction in interest rate, (v) an increase in the amortization period of the mortgage loan or (vi) a short sale or deed in lieu; provided, however, in exceptional circumstances, as determined by the mediator, a meeting by phone, video-conference or equivalent may be mutually agreed upon by the mortgagor, the mortgagee and the mediator, provided that the mediator certifies the mortgagor has been made aware of his or her right to an in-person mediation conference. As early as possible, but not later than 5 days before the scheduled mediation, the creditor shall provide to the Mortgagor and the program: (i) proof of ownership, (ii) a written net present value analysis including inputs and their basis, (iii) an accounting and history of the outstanding balance on the debt, (iv) the origination document evidencing the income transmitted to the underwriter, (v) documents evidencing any loss mitigation restrictions, and (vi) the creditor’s anticipated net recovery following foreclosure. When required, the creditor shall bring additional documents supporting the net present value analysis to the mediation session. Mortgagors shall be referred to and encouraged to work with a non-profit housing counseling agency. Mortgagors shall provide to creditor and the program current income, expenses, assets and debts and proof of income and releases standardly required by the affordable home ownership program or similar federal program. If the initial mediation session does not result in an agreement, the parties may agree to additional mediation sessions that the mediator shall document. If mediation results in an agreement, the Mortgagor shall have not fewer than 7 days to review and sign the mediation agreement and return it to the program and the creditor. Not later than 5 days after the mediation session is complete, the mediator shall write a report setting forth the specific compliance with mediation requirements and result of the mediation and send a copy of the report to the Mortgagor and the creditor. The mediation period shall conclude not more than 120 days after the Mortgagor elects to participate in mediation. (e) If the Mortgagor does not elect to participate in mediation and does not pursue a modified mortgage loan under section 35B if eligible, foreclosure may proceed under this chapter. If a Mortgagor elects to participate in the program, a creditor shall not accelerate the note or otherwise initiate foreclosure proceedings unless the mediator has certified that the creditor participated in the program and engaged in mediation in good faith, made all reasonable efforts to find an alternative to foreclosure and any agreement is in full compliance with all state and federal guidelines. (f) If it is determined, after a good faith effort made by the creditor, homeowner or Mortgagor at the mediation conference, that the parties cannot agree to a commercially reasonable alternative to avoid foreclosure, such good faith effort on behalf of the creditor, homeowner or Mortgagor shall be deemed to satisfy the requirements of this section. A certificate verifying such good faith effort pursuant to this section shall be issued to the party that made a good faith effort within 5 days by the program to the certified creditor or certified homeowner or Mortgagor authorizing the party to proceed with its rights under this chapter. (g) All mortgage modifications shall be recorded in the appropriate registry of deeds within 30 days. In the case the mediator does not issue a good faith certificate, the creditor or mortgagee shall be prohibited from continuing with the foreclosure process. No sale pursuant to this chapter shall be effective to foreclose on any mortgage under this section, unless all notices required by section 14 specifically reference that a good faith certificate has been issued to both parties verifying that the creditor or mortgagee, its assignee or any person identified in section 14 has successfully participated in a mediation program in accordance with this section. No entry by foreclosure shall be effectual unless the memorandum or certificate recorded as required by section 2 includes, as an attachment or exhibit, a copy of a good faith certificate verifying that the creditor or mortgagee has participated in mediation with the mortgagor or homeowner as required by this section. (h) Any costs necessary to establish and operate the program shall be borne by the parties to the mediation under the guidelines developed under subsection (g) and by a $50 surcharge on the filing fee for foreclosure complaints filed under the Servicemembers Civil Relief Act. A Mortgagor’s portion of the mediation fee shall not exceed 15 per cent of the total cost of the mediation. A Mortgagor’s inability to pay for mediation shall not be a bar to participation in the program. Any fees assessed of the creditor or mortgagee pursuant to this section shall not be charged to the mortgagor or homeowner either directly or indirectly. The mediation program manager shall have the authority to set and collect fees for mediation sessions and the administration of the same (i) The mediation program manager shall develop guidelines and standards for mediator training for the mediation process including training on foreclosure mediation and a working knowledge of all federal and state programs available to help homeowners retain their homes, subject to approval by the attorney general. (j) The borrower’s or creditor’s rights or defenses in the foreclosure action are not waived by participating in the foreclosure mediation program. (k) Nothing in this section shall require a creditor to modify a mortgage or change the terms of payment of a mortgage. (l) The mediation program manager shall ensure the security and confidentiality of any and all information received consistent with applicable federal, state laws and regulations. Access to personal information shall be limited to those officers and employees of the organization who require the information to properly perform services under the program. The organization or individual or its officers and employees shall not access, modify, use or disseminate any personal information for purposes unrelated to the program. Statistical information may be gathered to assess the program. Documentation and outcome reports may be available for judicial proceedings. (m) The program shall provide annually to the secretary of housing and economic development a report and data related to: (i) the number of mortgagors who are notified of mediation; (ii) the number of homeowners or borrowers who attend mediation and who receive counseling or assistance; (iii) the number of certificates of good faith issued under the program; (iv) the results of the mediation process, including the number of loans restructured, number and total value of principal write-downs, interest rate reductions and, to the extent such information is available, the number of mortgagors or homeowners who default on mortgages within a year after successful mediation conferences; and (v) any such other information as the Legislature may determine to be necessary and or helpful in assessing the value of the program and any adjustments that may need to be made thereto.”

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An Act relative to applied behavioral analysis therapy

H1084

HD2228

{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:03:03.52'}

[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:03:03.52'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-31T13:35:43.49'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-31T13:35:43.49'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-31T16:28:09.6466667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-01T10:06:20.9133333'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-02-01T11:38:13.5366667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-01T13:41:39.77'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-03T10:29:05.6933333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-03T13:03:14.7066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-03T14:48:22.9933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T13:22:22.7566667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-08T10:22:37.96'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T10:22:37.96'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-08T13:06:09.26'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T15:44:37.7233333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-08T15:45:18.49'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-12T21:24:56.08'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:15:21.4566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-02T19:36:51.03'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-03-24T09:13:30.0933333'}]

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T18:03:03.52'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1084/DocumentHistoryActions

Bill

By Representatives Lewis of Framingham and Garballey of Arlington, a petition (accompanied by bill, House, No. 1084) of Jack Patrick Lewis, Sean Garballey and others relative to applied behavioral analysis therapy healthcare coverage. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:- Section 25A. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10L the following section:- Section 10H1/2 The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down Syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47KK the following section:- Section 47AA1/2. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8MM the following section:- Section 8NDD1/2 Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after section 4MM the following section:- Section 4DD1/2. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4EE the following section:- Section 4V1/2. An individual or group health maintenance contract that is issued or renewed shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. SECTION 7. This act shall take effect on January 1, 2022.

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An Act to address barriers to HIV prevention medication

H1085

HD3104

{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T12:07:51.067'}

[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T12:07:51.0666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:13:45.0433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T12:29:16.5266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T07:36:29.2633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-31T07:36:29.2633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. 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Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:44:11.82'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-08T13:06:18.2466667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T15:44:49.8966667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-08T16:33:06.98'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T15:42:26.82'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T15:42:26.82'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T21:15:53.2766667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-16T10:14:25.03'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-22T15:51:39.5233333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-23T13:54:58.4933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:54:58.4933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-07T08:43:58.3533333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-03-10T16:12:04.88'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:38:59.5966667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-03-14T07:29:13.66'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-31T15:26:08.4066667'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-03-31T15:24:27.34'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:40:50.5933333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-05T20:13:07.1333333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-04-05T20:13:07.1333333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-04-10T07:33:17.4266667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:29:43.37'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-05-17T10:34:16.8333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1085/DocumentHistoryActions

Bill

By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 1085) of Jack Patrick Lewis and others for legislation to address barriers to HIV prevention medication healthcare coverage. Financial Services.

SECTION 1: (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:- “HIV”, human immunodeficiency virus. “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of HIV by the federal Food and Drug Administration, including any ancillary or support health service determined by the secretary of health and human services that is necessary to: (1) ensure that such a drug is prescribed or administered to a person who is not infected with HIV and has no medical contraindications to the use of such a drug; and (2) monitor such a person to ensure the safe and effective ongoing use of such a drug through: (A) an office visit; (B) laboratory testing; (C) testing for a sexually transmitted infection; (D) medication self-management and adherence counseling; (E) or any other health service specified as part of comprehensive HIV prevention drug services by the United States Department of Health and Human Services, the United States Centers for Disease Control and Prevention or the United States Preventive Services Task Force. (b)(1) Notwithstanding any general or special law to the contrary, any policy, contract or certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G, 176I, 176J or 176Q of the General Laws that provides coverage for any HIV prevention drug shall not require: (A) any cost-sharing, including co-payments or co-insurance, or any deductible; and (B) prior authorization, step therapy or any other protocol that could restrict or delay the dispensing or provision of any HIV prevention drug. (2) The commissioner of the division of insurance, in consultation with the secretary of health and human services, shall adopt any written policies, procedures or regulations necessary to implement this subsection.

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An Act expanding the use of video and telephone conferencing

H1086

HD1651

{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-18T16:25:04.143'}

[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-18T16:25:04.1433333'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T16:26:59.3'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-07T12:59:21.0966667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-06-14T10:11:22.61'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-14T10:11:22.61'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-14T10:11:22.61'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-14T10:11:22.61'}]

{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T16:25:04.143'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1086/DocumentHistoryActions

Bill

By Representatives Lipper-Garabedian of Melrose and Haggerty of Woburn, a petition (accompanied by bill, House, No. 1086) of Kate Lipper-Garabedian, Richard M. Haggerty and David F. DeCoste for legislation to further regulate the use of video and telephone conferencing for certain mortgage transactions. Financial Services.

SECTION 1. Section 7A of chapter 167E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “person”, in line 14, the following words:-, which may be accomplished by synchronous real-time video conference or by telephone SECTION 2. Section 65C½ of chapter 171 of the General Laws, as so appearing, is hereby amended by inserting after the word “person”, in line 14, the following words:- , which may be accomplished by synchronous real-time video conference or by telephone

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An Act preventing inappropriate denials by insurers for medically necessary services

H1087

HD3755

{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T14:25:57.38'}

[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T14:25:57.38'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T12:58:24.6233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1087/DocumentHistoryActions

Bill

By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1087) of Kate Lipper-Garabedian and Jason M. Lewis relative to preventing denials by insurers for medically necessary services. Financial Services.

SECTION 1. Section 24B of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first paragraph the following paragraphs: A carrier, as defined in section 1 of chapter 176O, shall be required to pay for health care services ordered by the treating health care provider if (1) the services are a covered benefit under the insured’s health benefit plan; and (2) the services follow the carrier’s clinical review criteria. Provided however, a claim for treatment of medically necessary services may not be denied if the treating health care provider follows the carrier’s approved method for securing authorization for a covered service for the insured at the time the service was provided. A carrier shall not deny payment for a claim for medically necessary covered services on the basis of an administrative or technical defect in the claim except in the case where the carrier has a reasonable basis, supported by specific information available for review, that the claim for health care services rendered was submitted fraudulently. A carrier shall have no more than twelve months after the original payment was received by the provider to recoup a full or partial payment for a claim for services rendered, or to adjust a subsequent payment to reflect a recoupment of a full or partial payment. However, a carrier shall not recoup payments more than ninety days after the original payment was received by a provider for services provided to an insured that the carrier deems ineligible for coverage because the insured was retroactively terminated or retroactively disenrolled for services, provided that the provider can document that it received verification of an insured’s eligibility status using the carrier's approved method for verifying eligibility at the time service was provided. Claims may also not be recouped for utilization review purposes if the services were already deemed medically necessary or the manner in which the services were accessed or provided were previously approved by the carrier or its contractor. A carrier which seeks to make an adjustment pursuant to this section shall provide the health care provider with written notice that explains in detail the reasons for the recoupment, identifies each previously paid claim for which a recoupment is sought and provides the health care provider with thirty days to challenge the request for recoupment. Such written notice shall be made to the health provider not less than thirty days prior to the seeking of a recoupment or the making of an adjustment. If a claim is denied because the provider, due to an unintentional act of error or omission, obtained no authorizations or only a partial authorization, the provider may appeal the denial and the carrier must conduct and complete within thirty days of the provider’s submitted appeal a retrospective review of the medical necessity of the service. If the carrier determines that the service is medically necessary, the carrier must reverse the denial and pay the claim. If the carrier determines that the service does not meet its clinical review criteria, the carrier shall provide the provider with specific written clinical justification for the determination and a process for appealing the determination. SECTION 2. The commissioner of insurance shall promulgate regulations to enforce the provisions of this act no later than 90 days after the effective date of the act, which shall be effective for provider contracts which are entered into, renewed or amended on or after the effective date of said regulations.

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An Act relative to greater fairness in insurance

H1088

HD1658

{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T16:23:22.557'}

[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T16:23:22.5566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1088/DocumentHistoryActions

Bill

By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1088) of Jay D. Livingstone relative to insurance. Financial Services.

SECTION 1. Section 226 is added to the General Laws of Massachusetts, Chapter 175 INSURANCE to read: Section 226. (a) If a policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not in Massachusetts, that provides, backs up, reinsures, or funds, in whole or in part, life insurance, health insurance, annuities, accident insurance, long term care insurance, or disability insurance coverage for any Massachusetts resident contains a provision that reserves discretionary authority to the insurer, or an agent of the insurer, to determine eligibility for benefits or coverage, to interpret the terms of the policy, contract, certificate, or agreement, or to provide standards of interpretation or review that are inconsistent with the laws of this state, that provision is void and unenforceable. (b) For purposes of this section, "renewed" means continued in force on or after the policy's anniversary date. (c) For purposes of this section, the term "discretionary authority" means a policy provision that has the effect of conferring discretion on an insurer or other claim administrator to determine entitlement to benefits or interpret policy language that, in turn, could lead to a deferential standard of review by any reviewing court. (d) Nothing in this section prohibits an insurer from including a provision in a contract that informs an insured that as part of its routine operations the insurer applies the terms of its contracts for making decisions, including making determinations regarding eligibility, receipt of benefits and claims, or explaining policies, procedures, and processes, so long as the provision could not give rise to a deferential standard of review by any reviewing court. (e) The Commissioner of Insurance (“Commissioner”) shall not approve any health, life or disability policy for issuance or delivery in Massachusetts in any of the following circumstances: If it includes a provision that reserves discretionary authority, as defined by Section 226, to the insurer, or an agent of the insurer, to determine eligibility for benefits or coverage or to interpret the terms of the policy; or if it provides standards of interpretation or review that are inconsistent with the laws of Massachusetts; or if it contains or incorporates by reference, where the incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the contract; or if it has any title, heading, or other indication of its provisions that is misleading; or if it is printed or otherwise reproduced in a manner that renders any provision of the form substantially illegible; or if it fails to conform in any respect with any law of Massachusetts. (f) If any provision of this Section or its application to any person or circumstance is held to be illegal, invalid, or unenforceable, no other provisions or applications of this Section that can be given effect without the illegal, invalid or unenforceable provision or application shall be affected; and to this end the provisions of this Section are severable.

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