1 | 1 | | SENATE . . . . . . . . . . . . . . No. 2970 |
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2 | 2 | | The Commonwealth of Massachusetts |
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3 | 3 | | _______________ |
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4 | 4 | | In the One Hundred and Ninety-Third General Court |
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5 | 5 | | (2023-2024) |
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6 | 6 | | _______________ |
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7 | 7 | | SENATE, October 24, 2024. |
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8 | 8 | | The committee on Senate Ways and Means to whom was referred the Senate Bill relative |
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9 | 9 | | to applied behavioral analysis therapy (Senate, No. 617), - reports, recommending that the same |
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10 | 10 | | ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2970). |
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11 | 11 | | For the committee, |
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12 | 12 | | Michael J. Rodrigues 1 of 3 |
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13 | 13 | | FILED ON: 10/24/2024 |
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14 | 14 | | SENATE . . . . . . . . . . . . . . No. 2970 |
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15 | 15 | | The Commonwealth of Massachusetts |
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16 | 16 | | _______________ |
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17 | 17 | | In the One Hundred and Ninety-Third General Court |
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18 | 18 | | (2023-2024) |
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19 | 19 | | _______________ |
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20 | 20 | | An Act relative to applied behavioral analysis therapy. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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22 | 22 | | of the same, as follows: |
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23 | 23 | | 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after |
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24 | 24 | | 2section 25 the following section:- |
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25 | 25 | | 3 Section 25A. For purposes of this section, “Down syndrome” shall mean a chromosomal |
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26 | 26 | | 4condition caused by an error in cell division that results in the presence of an extra whole or |
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27 | 27 | | 5partial copy of chromosome 21. The commission shall provide to any active or retired employee |
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28 | 28 | | 6of the commonwealth who is insured under the group insurance commission coverage for the |
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29 | 29 | | 7treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and |
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30 | 30 | | 8applied behavior analysis services. |
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31 | 31 | | 9 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
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32 | 32 | | 10section 10H the following section:- |
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33 | 33 | | 11 Section 10H1/2. For purposes of this section, “Down syndrome” shall mean a |
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34 | 34 | | 12chromosomal condition caused by an error in cell division that results in the presence of an extra |
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35 | 35 | | 13whole or partial copy of chromosome 21. The division and its contracted health insurers, health 2 of 3 |
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36 | 36 | | 14plans, health maintenance organizations, behavioral health management firms and third-party |
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37 | 37 | | 15administrators under contract to a Medicaid managed care organization or primary care clinician |
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38 | 38 | | 16plan shall provide coverage for the treatment of Down syndrome through speech therapy, |
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39 | 39 | | 17occupational therapy, physical therapy and applied behavior analysis services. |
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40 | 40 | | 18 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
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41 | 41 | | 19section 47AA the following section:- |
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42 | 42 | | 20 Section 47AA1/2. For purposes of this section, “Down syndrome” shall mean a |
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43 | 43 | | 21chromosomal condition caused by an error in cell division that results in the presence of an extra |
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44 | 44 | | 22whole or partial copy of chromosome 21. Any policy, contract, agreement, plan or certificate of |
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45 | 45 | | 23insurance issued, delivered or renewed within the commonwealth, which is considered creditable |
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46 | 46 | | 24coverage under section 1 of chapter 111M, shall provide coverage for the treatment of Down |
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47 | 47 | | 25syndrome through speech therapy, occupational therapy, physical therapy and applied behavior |
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48 | 48 | | 26analysis services. |
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49 | 49 | | 27 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after |
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50 | 50 | | 28section 8DD the following section:- |
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51 | 51 | | 29 Section 8DD1/2. For purposes of this section, “Down syndrome” shall mean a |
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52 | 52 | | 30chromosomal condition caused by an error in cell division that results in the presence of an extra |
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53 | 53 | | 31whole or partial copy of chromosome 21. Any contract between a subscriber and the corporation |
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54 | 54 | | 32under an individual or group hospital service plan that is delivered, issued or renewed within the |
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55 | 55 | | 33commonwealth shall provide coverage for the treatment of Down syndrome through speech |
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56 | 56 | | 34therapy, occupational therapy, physical therapy and applied behavior analysis services. 3 of 3 |
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57 | 57 | | 35 SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after |
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58 | 58 | | 36section 4DD the following section:- |
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59 | 59 | | 37 Section 4DD1/2. For purposes of this section, “Down syndrome” shall mean a |
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60 | 60 | | 38chromosomal condition caused by an error in cell division that results in the presence of an extra |
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61 | 61 | | 39whole or partial copy of chromosome 21. A subscription certificate under an individual or group |
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62 | 62 | | 40medical service agreement delivered, issued or renewed within the commonwealth shall provide |
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63 | 63 | | 41coverage for the treatment of Down syndrome through speech therapy, occupational therapy, |
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64 | 64 | | 42physical therapy and applied behavior analysis services. |
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65 | 65 | | 43 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after |
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66 | 66 | | 44section 4V the following section:- |
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67 | 67 | | 45 Section 4V1/2. For purposes of this section, “Down syndrome” shall mean a |
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68 | 68 | | 46chromosomal condition caused by an error in cell division that results in the presence of an extra |
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69 | 69 | | 47whole or partial copy of chromosome 21. An individual or group health maintenance contract |
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70 | 70 | | 48that is issued or renewed in the commonwealth shall provide coverage for the treatment of Down |
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71 | 71 | | 49syndrome through speech therapy, occupational therapy, physical therapy and applied behavior |
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72 | 72 | | 50analysis services. |
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73 | 73 | | 51 SECTION 7. This act shall take effect on January 1, 2026. |
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