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