Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4567 Latest Draft

Bill / Introduced Version Filed 04/22/2024

                            HOUSE . . . . . . . . No. 4567
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES , April 22, 2024.
The committee on Public Health, to whom was referred the petition 
(accompanied by bill, House, No. 3614) of Edward F. Coppinger and 
Adam Scanlon relative to the Parkinson’s disease registry and improving 
outcomes for individuals with Parkinson’s disease, reports recommending 
that the accompanying bill (House, No. 4567) ought to pass.
For the committee,
MARJORIE C. DECKER. 1 of 6
        FILED ON: 4/18/2024
HOUSE . . . . . . . . . . . . . . . No. 4567
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 to improve outcomes for individuals with Parkinson’s disease.
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 111 of the General Laws is hereby amended by striking Section 
2243 and inserting in place thereof the following new section: - 
3 Section 243: Parkinson’s disease registry 
4 (a)As used in this section, the following words shall, unless the context clearly 
5requires otherwise, have the following meanings: 
6 “Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from 
7deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes 
8in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow 
9movements, muscle rigidity, stooped posture, and unsteady or shuffling gait.  
10 “Parkinsonisms”, related conditions that causes a combination of the movement 
11abnormalities seen in Parkinson's disease — such as tremor at rest, slow movement, muscle 
12rigidity, impaired speech or muscle stiffness — which often overlap with and can evolve from  2 of 6
13what appears to be Parkinson’s disease. Example Parkinsonisms of particular interest include, 
14but are not exclusive to, the following: Multiple System Atrophy (MSA), Dementia with Lewy 
15Bodies (DLB), Corticobasal Degeneration (CBD), and Progressive Supranuclear Palsy (PSP). 
16 (b)The department shall, subject to appropriation, establish a registry to record cases 
17of Parkinson’s and Parkinsonisms that occur in residents of the commonwealth, and such 
18information concerning these cases as it shall deem necessary and appropriate in order to 
19determine the incidence and prevalence of such diseases. 
20 (c)The registry and system of collection and dissemination of information shall be 
21under the direction of the commissioner, who may enter into contracts, grants or other 
22agreements as are necessary for the conduct of the program. 
23 (d)All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be 
24provided a notice in writing and orally regarding the collection of information and patient data 
25on Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the 
26collection of data for purposes of research in this registry shall affirmatively opt-out in writing 
27after an opportunity to review the documents and ask questions. No patient shall be forced to 
28participate in this registry. Patients may change their participation status at any time by 
29submitting a request in writing.  
30 (e)The department shall establish a system for the collection and dissemination of 
31information determining the incidence and prevalence of Parkinson’s disease and related 
32Parkinsonisms, as advised by the advisory committee. The department shall designate 
33Parkinson’s disease and related Parkinsonisms as diseases required to be reported in the state or 
34any part of the state.  3 of 6
35 All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the 
36commonwealth shall be reported to the department. However, the mere incidence of a patient 
37with Parkinson’s disease or a related Parkinsonism shall be the sole required information for this 
38registry for any patient who chooses not to participate. For the subset of patients who choose not 
39to participate, no further data shall be reported to the registry.  
40 The department may create, review and revise a list of data points required as part of 
41mandated Parkinson’s disease reporting under this Section.  
42 i. This list shall include, but not be limited to, necessary triggering diagnostic 
43conditions, consistent with the latest International Statistical Classification of Diseases and 
44Related Health Problems, and resulting case data including, but not limited to, diagnosis, 
45treatment and survival.   
46 ii.The department may implement and administer this subdivision through a 
47bulletin, or similar instruction, to providers without taking regulatory action. 
48 (f)The department shall provide notification of the mandatory reporting of 
49Parkinson’s disease and Parkinsonism on its website and may also provide that information to 
50professional associations representing physicians, nurse practitioners, and hospitals at least 90 
51days prior to requiring information be reported. 
52 (g)Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner 
53who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or 
54Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms, as 
55required by subsection (e), to the department in a format prescribed by the department. The 
56Department shall be authorized to enter into data sharing contracts with data reporting entities  4 of 6
57and their associated electronic medical record systems vendors to securely and confidentially 
58receive information related to Parkinson’s disease testing, diagnosis and treatment. 
59 (h) The department may enter into agreements to furnish data collected in this registry to 
60other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local 
61health officers, or health researchers for the study of Parkinson’s disease. Before confidential 
62information is disclosed to those agencies, officers, researchers, or out-of-state registries, the 
63requesting entity shall agree in writing to maintain the confidentiality of the information, and in 
64the case of researchers, shall also do both of the following: 
65 i. obtain approval of their committee for the protection of human subjects 
66established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the 
67Code of Federal Regulations; and 
68 ii.provide documentation to the department that demonstrates to the department’s 
69satisfaction that the entity has established the procedures and ability to maintain the 
70confidentiality of the information. 
71 (i) Except as otherwise provided in this section, all information collected pursuant to this 
72section shall be confidential. For purposes of this section, this information shall be referred to as 
73confidential information. To ensure privacy, the department shall promulgate a coding system 
74that removes any identifying information about the patient.  
75 (j) Notwithstanding any other law, a disclosure authorized by this section shall include 
76only the information necessary for the stated purpose of the requested disclosure, used for the 
77approved purpose, and not be further disclosed.  5 of 6
78 Provided the security of confidentiality has been documented, the furnishing of 
79confidential information to the department or its authorized representative in accordance with 
80this section shall not expose any person, agency or entity furnishing information to liability, and 
81shall not be considered a waiver of any privilege or a 	violation of a confidential relationship. 
82 (k) The department shall maintain an accurate record of all persons who are given access 
83to confidential information. The record shall include: the name of the person authorizing access; 
84name, title, address, and organizational affiliation of persons given access; dates of access; and 
85the specific purpose for which information is to be used. The record of access shall be open to 
86public inspection during normal operating hours of the department. 
87 (l) Notwithstanding any other law, confidential information shall not be available for 
88subpoena, shall not be disclosed, discoverable or compelled to be produced in any civil, criminal, 
89administrative or other proceeding. Confidential information shall not be deemed admissible as 
90evidence in any civil, criminal, administrative or other tribunal or court for any reason.  
91 This subsection does not prohibit the publication by the department of reports and 
92statistical compilations that do not in any way identify individual cases or individual sources of 
93information. 
94 Notwithstanding the restrictions in this subsection, the individual to whom the 
95information pertains shall have access to his or her own information. 
96 (m) This section does not preempt the authority of facilities or individuals providing 
97diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to 
98maintain their own facility-based Parkinson’s disease or Parkinsonisms registries.  6 of 6
99 SECTION 2. On or before December 21, 2025, and every year thereafter, the Department 
100shall report to the House Committee on Ways and Means, the Senate Committee on Ways and 
101Means, and the Joint Committee on Public Health, a yearly program summary update on the 
102incidence and prevalence of Parkinson’s and related Parkinsonisms in the state by county, how 
103many records have been included and reported into the registry, and demographic information 
104such as patients by age, gender and race. This yearly report shall also be published in a 
105downloadable format on the Department’s webpage or designated Massachusetts Parkinson’s 
106Research Registry webpage. 
107 SECTION 3. The Department shall create and maintain a webpage titled “an overview 
108from the Massachusetts Parkinson’s Research Registry” within the Department’s public 
109information website to allow public access to information related to the registry, a yearly 
110program summary, and any other relevant or helpful information related to the registry This 
111information may be published in any form deemed appropriate by the Department. 
112 This section shall take effect January 1, 2025.