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HOUSE DOCKET, NO. 2438 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 940
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Ruth B. Balser
_________________
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 requiring mental health parity for disability policies.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/19/2023James B. EldridgeMiddlesex and Worcester2/23/2023 1 of 2
HOUSE DOCKET, NO. 2438 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 940
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 940) of Ruth
B. Balser and James B. Eldridge relative to mental health parity for disability policies. Financial
Services.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act requiring mental health parity for disability policies.
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. Section 108 of chapter 175 of the General Laws is hereby amended by
2adding the following:-
3 "13. No individual policy of short-term or long-term disability insurance providing
4income replacement benefits that is issued or renewed in the Commonwealth shall discriminate
5against persons disabled due to a mental health condition. “Mental health condition” is defined
6as any condition or disorder involving mental illness or substance use that falls under any of the
7diagnostic categories listed in the mental, behavioral or neurodevelopmental disorders section of
8the international classification of disease, as periodically revised. Discrimination includes:
9 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability
10results from a mental health condition as defined herein.
11 2. Limitations on benefits or coverage exclusions for any disability resulting from a
12mental health condition that are not applied equally to all disabilities." 2 of 2
13 SECTION 2. Section 110 of chapter 175 of the General Laws is hereby amended by
14adding the following subsection:-
15 "Q. No certificate of coverage under a group policy of short-term or long-term disability
16insurance providing income replacement benefits that is issued or renewed in the Commonwealth
17shall discriminate against persons disabled due to a mental health condition. "Mental health
18condition" is defined as any condition or disorder involving mental illness or substance use that
19falls under any of the diagnostic categories listed in the mental, behavioral or
20neurodevelopmental disorders section of the international classification of disease, as
21periodically revised. Discrimination includes:
22 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability
23results from a mental health condition as defined herein.
24 2. Limitations on benefits or coverage exclusions for any disability resulting from a
25mental health condition that are not applied equally to all disabilities."
26 SECTION 3. Nothing in this Act shall be construed to prohibit periodic medical exams or
27other procedures reasonably calculated to determine whether or not a disability exists, or
28continues to exist; provided said examinations, procedures or protocols are comparable and no
29more frequent or onerous than those required for disabilities caused by physical disorders.