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2 | 2 | | HOUSE DOCKET, NO. 2573 FILED ON: 1/19/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1015 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Sean Garballey |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act providing for certain health insurance coverage. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023 1 of 5 |
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16 | 16 | | HOUSE DOCKET, NO. 2573 FILED ON: 1/19/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1015 |
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18 | 18 | | By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1015) of |
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19 | 19 | | Sean Garballey relative to providing certain health insurance coverage. Financial Services. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 1091 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act providing for certain health insurance coverage. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 17A of chapter 32A of the General Laws, as appearing in the 2018 |
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31 | 31 | | 2Official Edition, is hereby amended by striking out the first sentence and inserting in place |
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32 | 32 | | 3thereof the following 4 sentences:- |
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33 | 33 | | 4 The commission shall provide to any active or retired employee of the commonwealth |
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34 | 34 | | 5who is insured under the group insurance commission coverage for the cost of enteral formulas |
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35 | 35 | | 6for home use, whether administered orally or via tube feeding, for which a physician has issued a |
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36 | 36 | | 7written order. Such written order shall state that the enteral formula is clearly medically |
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37 | 37 | | 8necessary and has been proven effective as a disease-specific treatment regimen for those |
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38 | 38 | | 9individuals who are or will become malnourished or suffer from disorders, which if left |
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39 | 39 | | 10untreated, cause chronic physical or intellectual disability or death. Specific diseases for which 2 of 5 |
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40 | 40 | | 11enteral formulas have been proven effective shall include, but are not limited to, inherited |
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41 | 41 | | 12diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; |
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42 | 42 | | 13Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal |
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43 | 43 | | 14motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which |
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44 | 44 | | 15if left untreated will cause malnourishment, chronic physical or intellectual disability or death. |
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45 | 45 | | 16Enteral formulas which are medically necessary and taken under written order from a physician |
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46 | 46 | | 17for the treatment of specific diseases shall be distinguished from nutritional supplements taken |
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47 | 47 | | 18electively. |
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48 | 48 | | 19 SECTION 2. Section 47I of chapter 175 of the General Laws, as so appearing, is hereby |
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49 | 49 | | 20amended by striking out the first sentence and inserting in place thereof the following 4 |
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50 | 50 | | 21sentences:- |
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51 | 51 | | 22 Any individual policy of accident and sickness insurance issued pursuant to section 108, |
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52 | 52 | | 23and any group blanket policy of accident and sickness insurance issued pursuant to section 110, |
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53 | 53 | | 24shall provide coverage for the cost of enteral formulas for home use, whether administered orally |
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54 | 54 | | 25or via tube feeding, for which a physician has issued a written order. Such written order shall |
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55 | 55 | | 26state that the enteral formula is clearly medically necessary and has been proven effective as a |
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56 | 56 | | 27disease-specific treatment regimen for those individuals who are or will become malnourished or |
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57 | 57 | | 28suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or |
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58 | 58 | | 29death. Specific diseases for which enteral formulas have been proven effective shall include, but |
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59 | 59 | | 30are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic |
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60 | 60 | | 31gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; |
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61 | 61 | | 32disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, |
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62 | 62 | | 33severe food allergies, which if left untreated will cause malnourishment, chronic physical or 3 of 5 |
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63 | 63 | | 34intellectual disability or death. Enteral formulas which are medically necessary and taken under |
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64 | 64 | | 35written order from a physician for the treatment of specific diseases shall be distinguished from |
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65 | 65 | | 36nutritional supplements taken electively. |
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66 | 66 | | 37 SECTION 3. Section 8L of chapter 176A of the General Laws, as so appearing, is hereby |
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67 | 67 | | 38amended by striking out the first sentence and inserting in place thereof the following 4 |
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68 | 68 | | 39sentences:- |
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69 | 69 | | 40 Any contract between a subscriber and the corporation under an individual or group |
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70 | 70 | | 41hospital service plan that shall be delivered, issued or renewed in the commonwealth shall |
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71 | 71 | | 42provide, as benefits to all individual subscribers and members within the commonwealth, |
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72 | 72 | | 43coverage for the cost of enteral formulas for home use, whether administered orally or via tube |
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73 | 73 | | 44feeding, for which a physician has issued a written order. Such written order shall state that the |
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74 | 74 | | 45enteral formula is clearly medically necessary and has been proven effective as a disease-specific |
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75 | 75 | | 46treatment regimen for those individuals who are or will become malnourished or suffer from |
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76 | 76 | | 47disorders, which if left untreated, cause chronic physical or intellectual disability or death. |
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77 | 77 | | 48Specific diseases for which enteral formulas have been proven effective shall include, but are not |
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78 | 78 | | 49limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic |
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79 | 79 | | 50gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; |
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80 | 80 | | 51disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, |
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81 | 81 | | 52severe food allergies, which if left untreated will cause malnourishment, chronic physical or |
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82 | 82 | | 53intellectual disability or death. Enteral formulas which are medically necessary and taken under |
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83 | 83 | | 54written order from a physician for the treatment of specific diseases shall be distinguished from |
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84 | 84 | | 55nutritional supplements taken electively. 4 of 5 |
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85 | 85 | | 56 SECTION 4. Section 4K of chapter 176B of the General Laws, as so appearing, is hereby |
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86 | 86 | | 57amended by striking out the first sentence and inserting in place thereof the following 4 |
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87 | 87 | | 58sentences:- |
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88 | 88 | | 59 Any subscription certificate under an individual or group medical service agreement that |
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89 | 89 | | 60shall be delivered, issued or renewed in the commonwealth shall provide, as benefits to all |
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90 | 90 | | 61individual subscribers and members within the commonwealth, all group members having a |
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91 | 91 | | 62principal place of employment within the commonwealth and all persons included in section 4C, |
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92 | 92 | | 63coverage for the cost of enteral formulas for home use, whether administered orally or via tube |
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93 | 93 | | 64feeding, for which a physician has issued a written order. Such written order shall state that the |
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94 | 94 | | 65enteral formula is clearly medically necessary and has been proven effective as a disease-specific |
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95 | 95 | | 66treatment regimen for those individuals who are or will become malnourished or suffer from |
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96 | 96 | | 67disorders, which if left untreated, cause chronic physical or intellectual disability or death. |
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97 | 97 | | 68Specific diseases for which enteral formulas have been proven effective shall include, but are not |
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98 | 98 | | 69limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic |
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99 | 99 | | 70gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive; |
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100 | 100 | | 71disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple, |
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101 | 101 | | 72severe food allergies, which if left untreated will cause malnourishment, chronic physical or |
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102 | 102 | | 73intellectual disability or death. Enteral formulas which are medically necessary and taken under |
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103 | 103 | | 74written order from a physician for the treatment of specific diseases shall be distinguished from |
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104 | 104 | | 75nutritional supplements taken electively. |
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105 | 105 | | 76 SECTION 5. Section 4D of chapter 176G of the General Laws, as so appearing, is hereby |
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106 | 106 | | 77amended by striking out the first sentence and inserting in place thereof the following 4 |
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107 | 107 | | 78sentences:- 5 of 5 |
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108 | 108 | | 79 A group health maintenance contract shall provide coverage for the cost of enteral |
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109 | 109 | | 80formulas for home use, whether administered orally or via tube feeding, for which a physician |
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110 | 110 | | 81has issued a written order. Such written order shall state that the enteral formula is clearly |
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111 | 111 | | 82medically necessary and has been proven effective as a disease-specific treatment regimen for |
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112 | 112 | | 83those individuals who are or will become malnourished or suffer from disorders, which if left |
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113 | 113 | | 84untreated, cause chronic physical or intellectual disability or death. Specific diseases for which |
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114 | 114 | | 85enteral formulas have been proven effective shall include, but are not limited to, inherited |
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115 | 115 | | 86diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders; |
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116 | 116 | | 87Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal |
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117 | 117 | | 88motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which |
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118 | 118 | | 89if left untreated will cause malnourishment, chronic physical or intellectual disability or death. |
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119 | 119 | | 90Enteral formulas which are medically necessary and taken under written order from a physician |
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120 | 120 | | 91for the treatment of specific diseases shall be distinguished from nutritional supplements taken |
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121 | 121 | | 92electively. |
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