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2 | 2 | | SENATE DOCKET, NO. 369 FILED ON: 1/13/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 615 |
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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 | | Julian Cyr |
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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 relative to ensuring treatment for genetic craniofacial conditions. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsJoanne M. ComerfordHampshire, Franklin and Worcester2/22/2023Adam GomezHampden2/22/2023Brian W. Murray10th Worcester2/22/2023 1 of 6 |
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16 | 16 | | SENATE DOCKET, NO. 369 FILED ON: 1/13/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 615 |
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18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 615) of Julian Cyr, Joanne M. |
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19 | 19 | | Comerford, Adam Gomez and Brian W. Murray for legislation relative to ensuring treatment for |
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20 | 20 | | genetic craniofacial conditions. Financial Services. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 648 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to ensuring treatment for genetic craniofacial conditions. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after |
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32 | 32 | | 2section 17Q the following section:- |
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33 | 33 | | 3 Section 17R. Any coverage offered by the commission to an active or retired employee of |
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34 | 34 | | 4the commonwealth insured under the group insurance commission shall provide coverage for |
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35 | 35 | | 5medically necessary functional repair or restoration of craniofacial disorders, with the exception |
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36 | 36 | | 6of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to |
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37 | 37 | | 7improve the function of, or to approximate the normal appearance or any abnormal structures |
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38 | 38 | | 8caused by congenital disease of anomaly. Coverage under this section shall include the necessary |
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39 | 39 | | 9care and treatment of medically diagnosed congenital disease or anomaly. Including, but not |
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40 | 40 | | 10limited to, ectodermal dysplasia, dentinogenesis imperfecta, amelogenesis imperfecta. Coverage 2 of 6 |
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41 | 41 | | 11shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital |
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42 | 42 | | 12disease or anomaly. The benefits in this section shall not be subject to any greater deductible, |
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43 | 43 | | 13coinsurance, copayments or out-of-pocket limits than any other benefit provided by the |
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44 | 44 | | 14commission. |
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45 | 45 | | 15 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
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46 | 46 | | 16section 10L the following section:- |
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47 | 47 | | 17 Section 10M. The division shall provide coverage for medically necessary functional |
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48 | 48 | | 18repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and |
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49 | 49 | | 19cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to |
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50 | 50 | | 20approximate the normal appearance of any abnormal structures caused by congenital disease or |
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51 | 51 | | 21anomaly. Coverage under this section shall include the necessary care and treatment of medically |
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52 | 52 | | 22diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis |
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53 | 53 | | 23imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for |
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54 | 54 | | 24dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this |
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55 | 55 | | 25section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket |
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56 | 56 | | 26limits than any other benefit provided by the division. |
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57 | 57 | | 27 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
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58 | 58 | | 28section 47KK the following section:- |
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59 | 59 | | 29 Section 47LL. The following shall provide coverage for medically necessary functional |
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60 | 60 | | 30repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and |
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61 | 61 | | 31cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to |
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62 | 62 | | 32approximate the normal appearance of any abnormal structures caused by congenital disease or 3 of 6 |
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63 | 63 | | 33anomaly. Coverage under this section shall include the necessary care and treatment of medically |
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64 | 64 | | 34diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis |
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65 | 65 | | 35imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental |
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66 | 66 | | 36or orthodontic treatment unrelated to congenital disease or anomaly.: (i) any policy of accident |
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67 | 67 | | 37and sickness insurance, as described in section 108, which provides hospital expense and |
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68 | 68 | | 38surgical expense insurance and which is delivered, issued or subsequently renewed by agreement |
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69 | 69 | | 39between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of |
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70 | 70 | | 40insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital |
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71 | 71 | | 41expense and surgical expense insurance and which is delivered, issued or subsequently renewed |
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72 | 72 | | 42by agreement between the insurer and the policyholder in or outside of the commonwealth; or |
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73 | 73 | | 43(iii) any employees’ health and welfare fund which provides hospital expense and surgical |
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74 | 74 | | 44expense benefits and which is delivered, issued or renewed to any person or group of persons in |
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75 | 75 | | 45the commonwealth. The benefits in this section shall not be subject to any greater deductible, |
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76 | 76 | | 46coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer. |
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77 | 77 | | 47 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after |
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78 | 78 | | 48section 8MM, the following section:- |
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79 | 79 | | 49 Section 8OO. Any contract between a subscriber and the corporation under an individual |
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80 | 80 | | 50or group hospital service plan which is delivered, issued or renewed within the commonwealth |
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81 | 81 | | 51shall provide coverage for medically necessary functional repair or restoration of craniofacial |
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82 | 82 | | 52disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed |
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83 | 83 | | 53elsewhere in the General Laws, to improve the function of, or to approximate the normal |
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84 | 84 | | 54appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under |
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85 | 85 | | 55this section shall include the necessary care and treatment of medically diagnosed congenital 4 of 6 |
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86 | 86 | | 56disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and |
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87 | 87 | | 57amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic |
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88 | 88 | | 58treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be |
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89 | 89 | | 59subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other |
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90 | 90 | | 60benefit provided by the insurer. |
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91 | 91 | | 61 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after |
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92 | 92 | | 62section 4MM the following section:- |
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93 | 93 | | 63 Section 4OO. Any subscription certificate under an individual or group medical service |
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94 | 94 | | 64agreement delivered, issued or renewed within the commonwealth shall provide coverage for |
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95 | 95 | | 65medically necessary functional repair or restoration of craniofacial disorders; with the exception |
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96 | 96 | | 66of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to |
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97 | 97 | | 67improve the function of, or to approximate the normal appearance of any abnormal structures |
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98 | 98 | | 68caused by disease or anomaly. Coverage under this section shall include the necessary care and |
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99 | 99 | | 69treatment of medically diagnosed congenital disease or anomaly, including, ectodermal |
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100 | 100 | | 70dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include |
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101 | 101 | | 71cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. |
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102 | 102 | | 72The benefits in this section shall not be subject to any greater deductible, coinsurance, |
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103 | 103 | | 73copayments or out-of-pocket limits than any other benefit provided by the insurer. |
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104 | 104 | | 74 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after |
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105 | 105 | | 75section 4EE the following section:- |
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106 | 106 | | 76 Section 4FF. Any individual or group health maintenance contract shall provide coverage |
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107 | 107 | | 77for medically necessary functional repair or restoration of craniofacial disorders; with the 5 of 6 |
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108 | 108 | | 78exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General |
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109 | 109 | | 79Laws, to improve the function of, or to approximate the normal appearance of any abnormal |
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110 | 110 | | 80structures caused by congenital disease or anomaly. Coverage under this section shall include the |
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111 | 111 | | 81necessary care and treatment of medically diagnosed congenital disease or anomaly, including, |
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112 | 112 | | 82ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall |
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113 | 113 | | 83not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or |
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114 | 114 | | 84anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, |
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115 | 115 | | 85copayments or out-of-pocket limits than any other benefit provided by the insurer. |
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116 | 116 | | 86 SECTION 7. Chapter 176I of the General Laws, as so appearing, is hereby amended by |
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117 | 117 | | 87inserting after section 12 the following section:- |
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118 | 118 | | 88 Section 13. An organization entering into a preferred provider contract shall provide |
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119 | 119 | | 89coverage for medically necessary functional repair or restoration of craniofacial disorders; with |
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120 | 120 | | 90the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the |
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121 | 121 | | 91General Laws, to improve the function of, or to approximate the normal appearance of any |
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122 | 122 | | 92abnormal structures caused by congenital disease or anomaly. Coverage under this section shall |
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123 | 123 | | 93include the necessary care and treatment of medically diagnosed congenital disease or anomaly, |
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124 | 124 | | 94including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. |
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125 | 125 | | 95Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to |
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126 | 126 | | 96congenital defects, developmental deformities, trauma, tumors, infections or disease. The |
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127 | 127 | | 97benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or |
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128 | 128 | | 98out-of-pocket limits than any other benefit provided by the insurer. 6 of 6 |
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129 | 129 | | 99 SECTION 8. This act shall apply to all policies, contracts and certificates of health |
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130 | 130 | | 100insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G and 176I, of the General Laws, |
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131 | 131 | | 101as so appearing, issued or renewed, except any entity to the extent it offers a policy, certificate or |
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132 | 132 | | 102contract that provides coverage for dental care services or vision care services. |
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