Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H992 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 2887 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 992
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo L. D'Emilia and Paul McMurtry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to payments for use of ambulance services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo L. D'Emilia8th Plymouth1/19/2023Paul McMurtry11th Norfolk1/19/2023Susan Williams Gifford2nd Plymouth1/26/2023Kelly W. Pease4th Hampden1/26/2023Mathew J. Muratore1st Plymouth1/26/2023Smitty Pignatelli3rd Berkshire1/26/2023Steven S. Howitt4th Bristol1/26/2023Kathleen R. LaNatra12th Plymouth1/26/2023Brian W. Murray10th Worcester1/27/2023Josh S. Cutler6th Plymouth1/30/2023Rodney M. Elliott16th Middlesex1/30/2023Margaret R. Scarsdale1st Middlesex1/30/2023Joseph D. McKenna18th Worcester1/31/2023David K. Muradian, Jr.9th Worcester2/6/2023Brian M. Ashe2nd Hampden2/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023Ryan C. FattmanWorcester and Hampden2/9/2023 2 of 2
16	16	Colleen M. Garry36th Middlesex2/13/2023Kimberly N. Ferguson1st Worcester3/6/2023 1 of 4
17	17	HOUSE DOCKET, NO. 2887 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 992
19	19	By Representatives D'Emilia of Bridgewater and McMurtry of Dedham, a petition (accompanied
20	20	by bill, House, No. 992) of Angelo L. D'Emilia, Paul McMurtry and others relative to insurance
21	21	payments for use of ambulance services. Financial Services.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1063 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to payments for use of ambulance services.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 176D of the General Laws is hereby amended by inserting after
33	33	2section 3B the following section:-
34	34	3 Section 3C. (a) As used in this section, the following words shall have the following
35	35	4meanings, unless the context clearly requires otherwise:-
36	36	5 “Ambulance service provider”, a person or entity licensed by the department of public
37	37	6health pursuant to section 6 of chapter 111C to establish or maintain an ambulance service.
38	38	7 “Emergency ambulance services”, emergency services that an ambulance service
39	39	8provider may render under its ambulance service license when a condition or situation in which
40	40	9an individual has a need for immediate medical attention or if the individual, bystander or 2 of 4
41	41	10emergency medical services provider perceives the potential for the need for immediate medical
42	42	11attention.
43	43	12 “Insurance policy” and “insurance contract”, any policy, contract, agreement, plan or
44	44	13certificate of insurance issued, delivered or renewed within the commonwealth that provides
45	45	14coverage for expenses incurred by an insured for transportation services rendered by an
46	46	15ambulance service provider.
47	47	16 “Insured”, an individual entitled to ambulance services benefits pursuant to an insurance
48	48	17policy or insurance contract.
49	49	18 “Insurer”, a person as defined in section 1 of chapter 176D; any health maintenance
50	50	19organization as defined in section 1 of chapter 176G; a non-profit hospital service corporation
51	51	20organized under chapter 176A; any organization as defined in section 1 of chapter 176I that
52	52	21participates in a preferred provider arrangement also as defined in said section 1 of said chapter
53	53	22176I; any carrier offering a small group health insurance plan under chapter 176J; any company
54	54	23as defined in section 1 chapter 175; any employee benefit trust; any self-insurance plan, and any
55	55	24company certified under section 34A of chapter 90 and authorized to issue a policy of motor
56	56	25vehicle liability insurance under section 113A of chapter 175 that provides insurance for the
57	57	26expense of medical coverage.
58	58	27 (b) In any instance in which an ambulance service provider provides an emergency
59	59	28ambulance service to an insured, but is not an ambulance service provider under contract to the
60	60	29insurer maintaining or providing the insured’s insurance policy or insurance contract, the insurer
61	61	30maintaining or providing such insurance policy or insurance contract shall pay the ambulance
62	62	31service provider directly and promptly for the emergency ambulance service rendered to the 3 of 4
63	63	32insured. Such payment shall be made to the ambulance service provider notwithstanding that the
64	64	33insureds insurance policy or insurance contract contains a prohibition against the insured
65	65	34assigning benefits thereunder so long as the insured executes an assignment of benefits to the
66	66	35ambulance service provider and such payment shall be made to the ambulance service provider
67	67	36in the event an insured is either incapable or unable as a practical matter to execute an
68	68	37assignment of benefits under an insurance policy or insurance contract pursuant to which an
69	69	38assignment of benefits is not prohibited, or in connection with an insurance policy or insurance
70	70	39contract that contains a prohibition against any such assignment of benefits. An ambulance
71	71	40service provider shall not be considered to have been paid for an emergency ambulance service
72	72	41rendered to an insured if the insurer makes payment for the emergency ambulance service to the
73	73	42insured. An ambulance service provider shall have a right of action against an insurer that fails to
74	74	43make a payment to it pursuant to this subsection.
75	75	44 (c) With the exception of non-profit corporations licensed to operate critical care
76	76	45ambulance services that perform both ground and air transports, payment to an ambulance
77	77	46service provider under subsection (b) shall be at a rate equal to the rate established by the
78	78	47municipality from where the patient was transported.
79	79	48 (d) An ambulance service provider receiving payment for an ambulance service in
80	80	49accordance with subsections (b) and (c) shall be deemed to have been paid in full for the
81	81	50ambulance service provided to the insured, and shall have no further right or recourse to further
82	82	51bill the insured for said ambulance service with the exception of coinsurance, co-payments or
83	83	52deductibles for which the insured is responsible under the insureds insurance policy or insurance
84	84	53contract. 4 of 4
85	85	54 (e) No term or provision of this section 3C shall be construed as limiting or adversely
86	86	55affecting an insureds right to receive benefits under any insurance policy or insurance contract
87	87	56providing insurance coverage for ambulance services. No term or provision of this section 3C
88	88	57shall create an entitlement on behalf of an insured to coverage for ambulance services if the
89	89	58insureds insurance policy or insurance contract provides no coverage for ambulance services.