Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H940 Compare Versions

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22 HOUSE DOCKET, NO. 2438 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 940
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Ruth B. Balser
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 requiring mental health parity for disability policies.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/19/2023James B. EldridgeMiddlesex and Worcester2/23/2023 1 of 2
1616 HOUSE DOCKET, NO. 2438 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 940
1818 By Representative Balser of Newton, a petition (accompanied by bill, House, No. 940) of Ruth
1919 B. Balser and James B. Eldridge relative to mental health parity for disability policies. Financial
2020 Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act requiring mental health parity for disability policies.
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. Section 108 of chapter 175 of the General Laws is hereby amended by
3030 2adding the following:-
3131 3 "13. No individual policy of short-term or long-term disability insurance providing
3232 4income replacement benefits that is issued or renewed in the Commonwealth shall discriminate
3333 5against persons disabled due to a mental health condition. “Mental health condition” is defined
3434 6as any condition or disorder involving mental illness or substance use that falls under any of the
3535 7diagnostic categories listed in the mental, behavioral or neurodevelopmental disorders section of
3636 8the international classification of disease, as periodically revised. Discrimination includes:
3737 9 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability
3838 10results from a mental health condition as defined herein.
3939 11 2. Limitations on benefits or coverage exclusions for any disability resulting from a
4040 12mental health condition that are not applied equally to all disabilities." 2 of 2
4141 13 SECTION 2. Section 110 of chapter 175 of the General Laws is hereby amended by
4242 14adding the following subsection:-
4343 15 "Q. No certificate of coverage under a group policy of short-term or long-term disability
4444 16insurance providing income replacement benefits that is issued or renewed in the Commonwealth
4545 17shall discriminate against persons disabled due to a mental health condition. "Mental health
4646 18condition" is defined as any condition or disorder involving mental illness or substance use that
4747 19falls under any of the diagnostic categories listed in the mental, behavioral or
4848 20neurodevelopmental disorders section of the international classification of disease, as
4949 21periodically revised. Discrimination includes:
5050 22 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability
5151 23results from a mental health condition as defined herein.
5252 24 2. Limitations on benefits or coverage exclusions for any disability resulting from a
5353 25mental health condition that are not applied equally to all disabilities."
5454 26 SECTION 3. Nothing in this Act shall be construed to prohibit periodic medical exams or
5555 27other procedures reasonably calculated to determine whether or not a disability exists, or
5656 28continues to exist; provided said examinations, procedures or protocols are comparable and no
5757 29more frequent or onerous than those required for disabilities caused by physical disorders.