Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1243 Compare Versions

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22 HOUSE DOCKET, NO. 3858 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1243
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jon Santiago
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 to ensure access to the full range of treatment options for people with obesity.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Jon Santiago9th Suffolk1/17/2023 1 of 2
1616 HOUSE DOCKET, NO. 3858 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1243
1818 By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1243) of Jon
1919 Santiago for legislation to provide assistance for access to treatment options for people with
2020 obesity. Health Care Financing.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to ensure access to the full range of treatment options for people with obesity.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 "SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 Official
3030 2Edition, is hereby amended by inserting after section 10N, the following section:-
3131 3 Section 10O. Notwithstanding any general or special rule to the contrary, the division
3232 4shall require comprehensive coverage for treatment of obesity. The term “comprehensive
3333 5coverage for treatment of obesity” includes coverage for prevention and wellness, nutrition
3434 6counseling, intensive behavioral therapy, bariatric surgery, and FDA-approved anti-obesity
3535 7medication. The term ‘FDA-approved anti-obesity medication’ refers to any medication
3636 8approved by the US Food and Drug Administration with an indication for chronic weight
3737 9management in patients with obesity.
3838 10 a) Coverage criteria for FDA-approved anti-obesity medications provided under this
3939 11section shall not be more restrictive than the FDA-approved indications for those treatments. 2 of 2
4040 12 b) Coverage under this section shall be neither different nor separate from coverage
4141 13for any other illness, condition, or disorder for purposes of determining deductibles, lifetime
4242 14dollar limits, copayment and coinsurance factors, and benefit year maximum for deductibles and
4343 15copayment and coinsurance factors.
4444 16 c) Nothing shall preclude the undertaking of utilization management to determine
4545 17the medical necessity for treatment of obesity under this section, provided that all such
4646 18appropriateness and medical necessity determinations are made in the same manner as those
4747 19determinations are made for the treatment of any other illness, condition, or disorder covered by
4848 20such policy, contract, or plan.
4949 21 d) The division shall provide notice to its members regarding the coverage required
5050 22by this section. The notice shall be in writing and prominently positioned in any literature or
5151 23correspondence sent to members and shall be transmitted to members within calendar year when
5252 24annual information is made available to members, or in any other mailing or communication to
5353 25members."