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2 | 2 | | HOUSE DOCKET, NO. 2438 FILED ON: 1/19/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 940 |
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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 | | Ruth B. Balser |
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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 requiring mental health parity for disability policies. |
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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:Ruth B. Balser12th Middlesex1/19/2023James B. EldridgeMiddlesex and Worcester2/23/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2438 FILED ON: 1/19/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 940 |
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18 | 18 | | By Representative Balser of Newton, a petition (accompanied by bill, House, No. 940) of Ruth |
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19 | 19 | | B. Balser and James B. Eldridge relative to mental health parity for disability policies. Financial |
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20 | 20 | | Services. |
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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 requiring mental health parity for disability policies. |
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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. Section 108 of chapter 175 of the General Laws is hereby amended by |
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30 | 30 | | 2adding the following:- |
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31 | 31 | | 3 "13. No individual policy of short-term or long-term disability insurance providing |
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32 | 32 | | 4income replacement benefits that is issued or renewed in the Commonwealth shall discriminate |
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33 | 33 | | 5against persons disabled due to a mental health condition. “Mental health condition” is defined |
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34 | 34 | | 6as any condition or disorder involving mental illness or substance use that falls under any of the |
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35 | 35 | | 7diagnostic categories listed in the mental, behavioral or neurodevelopmental disorders section of |
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36 | 36 | | 8the international classification of disease, as periodically revised. Discrimination includes: |
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37 | 37 | | 9 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability |
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38 | 38 | | 10results from a mental health condition as defined herein. |
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39 | 39 | | 11 2. Limitations on benefits or coverage exclusions for any disability resulting from a |
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40 | 40 | | 12mental health condition that are not applied equally to all disabilities." 2 of 2 |
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41 | 41 | | 13 SECTION 2. Section 110 of chapter 175 of the General Laws is hereby amended by |
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42 | 42 | | 14adding the following subsection:- |
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43 | 43 | | 15 "Q. No certificate of coverage under a group policy of short-term or long-term disability |
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44 | 44 | | 16insurance providing income replacement benefits that is issued or renewed in the Commonwealth |
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45 | 45 | | 17shall discriminate against persons disabled due to a mental health condition. "Mental health |
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46 | 46 | | 18condition" is defined as any condition or disorder involving mental illness or substance use that |
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47 | 47 | | 19falls under any of the diagnostic categories listed in the mental, behavioral or |
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48 | 48 | | 20neurodevelopmental disorders section of the international classification of disease, as |
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49 | 49 | | 21periodically revised. Discrimination includes: |
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50 | 50 | | 22 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability |
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51 | 51 | | 23results from a mental health condition as defined herein. |
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52 | 52 | | 24 2. Limitations on benefits or coverage exclusions for any disability resulting from a |
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53 | 53 | | 25mental health condition that are not applied equally to all disabilities." |
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54 | 54 | | 26 SECTION 3. Nothing in this Act shall be construed to prohibit periodic medical exams or |
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55 | 55 | | 27other procedures reasonably calculated to determine whether or not a disability exists, or |
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56 | 56 | | 28continues to exist; provided said examinations, procedures or protocols are comparable and no |
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57 | 57 | | 29more frequent or onerous than those required for disabilities caused by physical disorders. |
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