Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1015 Compare Versions

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22 HOUSE DOCKET, NO. 2573 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1015
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Sean Garballey
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act providing for certain health insurance coverage.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023 1 of 5
1616 HOUSE DOCKET, NO. 2573 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1015
1818 By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1015) of
1919 Sean Garballey relative to providing certain health insurance coverage. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE HOUSE, NO. 1091 OF 2021-2022.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act providing for certain health insurance coverage.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 17A of chapter 32A of the General Laws, as appearing in the 2018
3131 2Official Edition, is hereby amended by striking out the first sentence and inserting in place
3232 3thereof the following 4 sentences:-
3333 4 The commission shall provide to any active or retired employee of the commonwealth
3434 5who is insured under the group insurance commission coverage for the cost of enteral formulas
3535 6for home use, whether administered orally or via tube feeding, for which a physician has issued a
3636 7written order. Such written order shall state that the enteral formula is clearly medically
3737 8necessary and has been proven effective as a disease-specific treatment regimen for those
3838 9individuals who are or will become malnourished or suffer from disorders, which if left
3939 10untreated, cause chronic physical or intellectual disability or death. Specific diseases for which 2 of 5
4040 11enteral formulas have been proven effective shall include, but are not limited to, inherited
4141 12diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders;
4242 13Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal
4343 14motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which
4444 15if left untreated will cause malnourishment, chronic physical or intellectual disability or death.
4545 16Enteral formulas which are medically necessary and taken under written order from a physician
4646 17for the treatment of specific diseases shall be distinguished from nutritional supplements taken
4747 18electively.
4848 19 SECTION 2. Section 47I of chapter 175 of the General Laws, as so appearing, is hereby
4949 20amended by striking out the first sentence and inserting in place thereof the following 4
5050 21sentences:-
5151 22 Any individual policy of accident and sickness insurance issued pursuant to section 108,
5252 23and any group blanket policy of accident and sickness insurance issued pursuant to section 110,
5353 24shall provide coverage for the cost of enteral formulas for home use, whether administered orally
5454 25or via tube feeding, for which a physician has issued a written order. Such written order shall
5555 26state that the enteral formula is clearly medically necessary and has been proven effective as a
5656 27disease-specific treatment regimen for those individuals who are or will become malnourished or
5757 28suffer from disorders, which if left untreated, cause chronic physical or intellectual disability or
5858 29death. Specific diseases for which enteral formulas have been proven effective shall include, but
5959 30are not limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic
6060 31gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive;
6161 32disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple,
6262 33severe food allergies, which if left untreated will cause malnourishment, chronic physical or 3 of 5
6363 34intellectual disability or death. Enteral formulas which are medically necessary and taken under
6464 35written order from a physician for the treatment of specific diseases shall be distinguished from
6565 36nutritional supplements taken electively.
6666 37 SECTION 3. Section 8L of chapter 176A of the General Laws, as so appearing, is hereby
6767 38amended by striking out the first sentence and inserting in place thereof the following 4
6868 39sentences:-
6969 40 Any contract between a subscriber and the corporation under an individual or group
7070 41hospital service plan that shall be delivered, issued or renewed in the commonwealth shall
7171 42provide, as benefits to all individual subscribers and members within the commonwealth,
7272 43coverage for the cost of enteral formulas for home use, whether administered orally or via tube
7373 44feeding, for which a physician has issued a written order. Such written order shall state that the
7474 45enteral formula is clearly medically necessary and has been proven effective as a disease-specific
7575 46treatment regimen for those individuals who are or will become malnourished or suffer from
7676 47disorders, which if left untreated, cause chronic physical or intellectual disability or death.
7777 48Specific diseases for which enteral formulas have been proven effective shall include, but are not
7878 49limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic
7979 50gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive;
8080 51disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple,
8181 52severe food allergies, which if left untreated will cause malnourishment, chronic physical or
8282 53intellectual disability or death. Enteral formulas which are medically necessary and taken under
8383 54written order from a physician for the treatment of specific diseases shall be distinguished from
8484 55nutritional supplements taken electively. 4 of 5
8585 56 SECTION 4. Section 4K of chapter 176B of the General Laws, as so appearing, is hereby
8686 57amended by striking out the first sentence and inserting in place thereof the following 4
8787 58sentences:-
8888 59 Any subscription certificate under an individual or group medical service agreement that
8989 60shall be delivered, issued or renewed in the commonwealth shall provide, as benefits to all
9090 61individual subscribers and members within the commonwealth, all group members having a
9191 62principal place of employment within the commonwealth and all persons included in section 4C,
9292 63coverage for the cost of enteral formulas for home use, whether administered orally or via tube
9393 64feeding, for which a physician has issued a written order. Such written order shall state that the
9494 65enteral formula is clearly medically necessary and has been proven effective as a disease-specific
9595 66treatment regimen for those individuals who are or will become malnourished or suffer from
9696 67disorders, which if left untreated, cause chronic physical or intellectual disability or death.
9797 68Specific diseases for which enteral formulas have been proven effective shall include, but are not
9898 69limited to, inherited diseases of amino acid or organic acid metabolism; eosinophilic
9999 70gastrointestinal disorders; Crohn's Disease; gastroesophageal reflux with failure to thrive;
100100 71disorders of gastrointestinal motility such as chronic intestinal pseudo-obstruction; and multiple,
101101 72severe food allergies, which if left untreated will cause malnourishment, chronic physical or
102102 73intellectual disability or death. Enteral formulas which are medically necessary and taken under
103103 74written order from a physician for the treatment of specific diseases shall be distinguished from
104104 75nutritional supplements taken electively.
105105 76 SECTION 5. Section 4D of chapter 176G of the General Laws, as so appearing, is hereby
106106 77amended by striking out the first sentence and inserting in place thereof the following 4
107107 78sentences:- 5 of 5
108108 79 A group health maintenance contract shall provide coverage for the cost of enteral
109109 80formulas for home use, whether administered orally or via tube feeding, for which a physician
110110 81has issued a written order. Such written order shall state that the enteral formula is clearly
111111 82medically necessary and has been proven effective as a disease-specific treatment regimen for
112112 83those individuals who are or will become malnourished or suffer from disorders, which if left
113113 84untreated, cause chronic physical or intellectual disability or death. Specific diseases for which
114114 85enteral formulas have been proven effective shall include, but are not limited to, inherited
115115 86diseases of amino acid or organic acid metabolism; eosinophilic gastrointestinal disorders;
116116 87Crohn's Disease; gastroesophageal reflux with failure to thrive; disorders of gastrointestinal
117117 88motility such as chronic intestinal pseudo-obstruction; and multiple, severe food allergies, which
118118 89if left untreated will cause malnourishment, chronic physical or intellectual disability or death.
119119 90Enteral formulas which are medically necessary and taken under written order from a physician
120120 91for the treatment of specific diseases shall be distinguished from nutritional supplements taken
121121 92electively.