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HOUSE DOCKET, NO. 2228 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1084
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jack Patrick Lewis and Sean Garballey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to applied behavioral analysis therapy.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/18/2023Sean Garballey23rd Middlesex1/31/2023David M. Rogers24th Middlesex1/31/2023Samantha Montaño15th Suffolk1/31/2023David Paul Linsky5th Middlesex2/1/2023Meghan Kilcoyne12th Worcester2/1/2023Simon Cataldo14th Middlesex2/1/2023Michael D. BradySecond Plymouth and Norfolk2/3/2023William J. Driscoll, Jr.7th Norfolk2/3/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/3/2023James C. Arena-DeRosa8th Middlesex2/6/2023Steven Owens29th Middlesex2/8/2023Kay Khan11th Middlesex2/8/2023Joseph D. McKenna18th Worcester2/8/2023Lindsay N. Sabadosa1st Hampshire2/8/2023Rob Consalvo14th Suffolk2/8/2023Jennifer Balinsky Armini8th Essex2/12/2023James B. EldridgeMiddlesex and Worcester2/16/2023 2 of 2
Jason M. LewisFifth Middlesex3/2/2023 1 of 3
HOUSE DOCKET, NO. 2228 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1084
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.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to applied behavioral analysis therapy.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the
2following section:-
3 Section 25A. The commission shall provide to any active or retired employee of the
4commonwealth who is insured under the group insurance commission coverage for the treatment
5of Down syndrome through speech therapy, occupational therapy, physical therapy and applied
6behavior analysis services. For purposes of this section, “Down syndrome” means a
7chromosomal condition caused by an error in cell division that results in the presence of an extra
8whole or partial copy of chromosome 21.
9 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
10section 10L the following section:-
11 Section 10H1/2 The division and its contracted health insurers, health plans, health
12maintenance organizations, behavioral health management firms and third-party administrators 2 of 3
13under contract to a Medicaid managed care organization or primary care clinician plan shall
14provide coverage for the treatment of Down syndrome through speech therapy, occupational
15therapy, physical therapy and applied behavior analysis services. For purposes of this section,
16“Down Syndrome” means a chromosomal condition caused by an error in cell division that
17results in the presence of an extra whole or partial copy of chromosome 21.
18 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after
19section 47KK the following section:-
20 Section 47AA1/2. Any policy, contract, agreement, plan or certificate of insurance
21issued, delivered or renewed within the commonwealth, which is considered creditable coverage
22under section 1 of chapter 111M, shall provide coverage for the treatment of Down syndrome
23through speech therapy, occupational therapy, physical therapy and applied behavior analysis
24services. For purposes of this section, “Down syndrome” means a chromosomal condition
25caused by an error in cell division that results in the presence of an extra whole or partial copy of
26chromosome 21.
27 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after
28section 8MM the following section:-
29 Section 8NDD1/2 Any contract between a subscriber and the corporation under an
30individual or group hospital service plan that is delivered, issued or renewed within the
31commonwealth shall provide coverage for the treatment of Down syndrome through speech
32therapy, occupational therapy, physical therapy and applied behavior analysis services. For
33purposes of this section, “Down syndrome” means a chromosomal condition caused by an error
34in cell division that results in the presence of an extra whole or partial copy of chromosome 21. 3 of 3
35 SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after
36section 4MM the following section:-
37 Section 4DD1/2. Any subscription certificate under an individual or group medical
38service agreement delivered, issued or renewed within the commonwealth shall provide coverage
39for the treatment of Down syndrome through speech therapy, occupational therapy, physical
40therapy and applied behavior analysis services. For purposes of this section, “Down syndrome”
41means a chromosomal condition caused by an error in cell division that results in the presence of
42an extra whole or partial copy of chromosome 21.
43 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after
44section 4EE the following section:-
45 Section 4V1/2. An individual or group health maintenance contract that is issued or
46renewed shall provide coverage for the treatment of Down syndrome through speech therapy,
47occupational therapy, physical therapy and applied behavior analysis services. For purposes of
48this section, “Down syndrome” means a chromosomal condition caused by an error in cell
49division that results in the presence of an extra whole or partial copy of chromosome 21.
50 SECTION 7. This act shall take effect on January 1, 2022.