1 of 2
HOUSE DOCKET, NO. 3104 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1085
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jack Patrick Lewis
_________________
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 to address barriers to HIV prevention medication.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/19/2023James K. Hawkins2nd Bristol1/27/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/30/2023Carol A. Doherty3rd Bristol1/31/2023Susannah M. Whipps2nd Franklin1/31/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Mindy Domb3rd Hampshire2/1/2023David Paul Linsky5th Middlesex2/1/2023Vanna Howard17th Middlesex2/3/2023Sean Garballey23rd Middlesex2/8/2023Kay Khan11th Middlesex2/8/2023Colleen M. Garry36th Middlesex2/8/2023Steven Ultrino33rd Middlesex2/8/2023David Allen Robertson19th Middlesex2/8/2023Tram T. Nguyen18th Essex2/8/2023Christine P. Barber34th Middlesex2/9/2023James C. Arena-DeRosa8th Middlesex2/9/2023Michelle M. DuBois10th Plymouth2/13/2023 2 of 2
James Arciero2nd Middlesex2/16/2023Shirley B. Arriaga8th Hampden2/22/2023Simon Cataldo14th Middlesex2/23/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023Natalie M. Higgins4th Worcester3/7/2023Danielle W. Gregoire4th Middlesex3/10/2023James B. EldridgeMiddlesex and Worcester3/13/2023 1 of 2
HOUSE DOCKET, NO. 3104 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1085
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.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to address barriers to HIV prevention medication.
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: (a) As used in this section, the following words shall have the following
2meanings, unless the context clearly requires otherwise:-
3 “HIV”, human immunodeficiency virus.
4 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
5HIV by the federal Food and Drug Administration, including any ancillary or support health
6service determined by the secretary of health and human services that is necessary to: (1) ensure
7that such a drug is prescribed or administered to a person who is not infected with HIV and has
8no medical contraindications to the use of such a drug; and (2) monitor such a person to ensure
9the safe and effective ongoing use of such a drug through: (A) an office visit; (B) laboratory
10testing; (C) testing for a sexually transmitted infection; (D) medication self-management and
11adherence counseling; (E) or any other health service specified as part of comprehensive HIV
12prevention drug services by the United States Department of Health and Human Services, the 2 of 2
13United States Centers for Disease Control and Prevention or the United States Preventive
14Services Task Force.
15 (b)(1) Notwithstanding any general or special law to the contrary, any policy, contract or
16certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G, 176I, 176J
17or 176Q of the General Laws that provides coverage for any HIV prevention drug shall not
18require:
19 (A) any cost-sharing, including co-payments or co-insurance, or any deductible; and
20 (B) prior authorization, step therapy or any other protocol that could restrict or delay the
21dispensing or provision of any HIV prevention drug.
22 (2) The commissioner of the division of insurance, in consultation with the secretary of
23health and human services, shall adopt any written policies, procedures or regulations necessary
24to implement this subsection.