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2 | 2 | | HOUSE DOCKET, NO. 3858 FILED ON: 1/20/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1243 |
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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 | | Jon Santiago |
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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 to ensure access to the full range of treatment options for people with obesity. |
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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:Jon Santiago9th Suffolk1/17/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 3858 FILED ON: 1/20/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1243 |
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18 | 18 | | By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1243) of Jon |
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19 | 19 | | Santiago for legislation to provide assistance for access to treatment options for people with |
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20 | 20 | | obesity. Health Care Financing. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to ensure access to the full range of treatment options for people with obesity. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 "SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 Official |
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30 | 30 | | 2Edition, is hereby amended by inserting after section 10N, the following section:- |
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31 | 31 | | 3 Section 10O. Notwithstanding any general or special rule to the contrary, the division |
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32 | 32 | | 4shall require comprehensive coverage for treatment of obesity. The term “comprehensive |
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33 | 33 | | 5coverage for treatment of obesity” includes coverage for prevention and wellness, nutrition |
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34 | 34 | | 6counseling, intensive behavioral therapy, bariatric surgery, and FDA-approved anti-obesity |
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35 | 35 | | 7medication. The term ‘FDA-approved anti-obesity medication’ refers to any medication |
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36 | 36 | | 8approved by the US Food and Drug Administration with an indication for chronic weight |
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37 | 37 | | 9management in patients with obesity. |
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38 | 38 | | 10 a) Coverage criteria for FDA-approved anti-obesity medications provided under this |
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39 | 39 | | 11section shall not be more restrictive than the FDA-approved indications for those treatments. 2 of 2 |
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40 | 40 | | 12 b) Coverage under this section shall be neither different nor separate from coverage |
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41 | 41 | | 13for any other illness, condition, or disorder for purposes of determining deductibles, lifetime |
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42 | 42 | | 14dollar limits, copayment and coinsurance factors, and benefit year maximum for deductibles and |
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43 | 43 | | 15copayment and coinsurance factors. |
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44 | 44 | | 16 c) Nothing shall preclude the undertaking of utilization management to determine |
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45 | 45 | | 17the medical necessity for treatment of obesity under this section, provided that all such |
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46 | 46 | | 18appropriateness and medical necessity determinations are made in the same manner as those |
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47 | 47 | | 19determinations are made for the treatment of any other illness, condition, or disorder covered by |
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48 | 48 | | 20such policy, contract, or plan. |
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49 | 49 | | 21 d) The division shall provide notice to its members regarding the coverage required |
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50 | 50 | | 22by this section. The notice shall be in writing and prominently positioned in any literature or |
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51 | 51 | | 23correspondence sent to members and shall be transmitted to members within calendar year when |
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52 | 52 | | 24annual information is made available to members, or in any other mailing or communication to |
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53 | 53 | | 25members." |
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