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SENATE DOCKET, NO. 395 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 617
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Julian Cyr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to applied behavioral analysis therapy.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsMichael D. BradySecond Plymouth and Norfolk2/7/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/7/2023James B. EldridgeMiddlesex and Worcester2/22/2023Anne M. GobiWorcester and Hampshire2/22/2023Jason M. LewisFifth Middlesex3/7/2023 1 of 3
SENATE DOCKET, NO. 395 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 617
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 617) of Julian Cyr, Michael D. Brady,
Joanne M. Comerford, James B. Eldridge and other members of the Senate for legislation
relative to applied behavioral analysis therapy. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 690 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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 adding the
2following section:-
3 Section 25A. The commission shall provide to any active or retired employee of the
4commonwealth who is insured under the group insurance commission coverage for the treatment
5of Down syndrome through speech therapy, occupational therapy, physical therapy and applied
6behavior analysis services. For purposes of this section, “Down syndrome” means a
7chromosomal condition caused by an error in cell division that results in the presence of an extra
8whole or partial copy of chromosome 21. 2 of 3
9 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
10section 10L the following section:-
11 Section 10H1/2 The division and its contracted health insurers, health plans, health
12maintenance organizations, behavioral health management firms and third-party administrators
13under contract to a Medicaid managed care organization or primary care clinician plan shall
14provide coverage for the treatment of Down syndrome through speech therapy, occupational
15therapy, physical therapy and applied behavior analysis services. For purposes of this section,
16“Down Syndrome” means a chromosomal condition caused by an error in cell division that
17results in the presence of an extra whole or partial copy of chromosome 21.
18 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after
19section 47KK the following section:-
20 Section 47AA1/2. Any policy, contract, agreement, plan or certificate of insurance
21issued, delivered or renewed within the commonwealth, which is considered creditable coverage
22under section 1 of chapter 111M, shall provide coverage for the treatment of Down syndrome
23through speech therapy, occupational therapy, physical therapy and applied behavior analysis
24services. For purposes of this section, “Down syndrome” means a chromosomal condition
25caused by an error in cell division that results in the presence of an extra whole or partial copy of
26chromosome 21.
27 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after
28section 8MM the following section:-
29 Section 8NDD1/2 Any contract between a subscriber and the corporation under an
30individual or group hospital service plan that is delivered, issued or renewed within the 3 of 3
31commonwealth shall provide coverage for the treatment of Down syndrome through speech
32therapy, occupational therapy, physical therapy and applied behavior analysis services. For
33purposes of this section, “Down syndrome” means a chromosomal condition caused by an error
34in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
35 SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after
36section 4MM the following section:-
37 Section 4DD1/2. Any subscription certificate under an individual or group medical
38service agreement delivered, issued or renewed within the commonwealth shall provide coverage
39for the treatment of Down syndrome through speech therapy, occupational therapy, physical
40therapy and applied behavior analysis services. For purposes of this section, “Down syndrome”
41means a chromosomal condition caused by an error in cell division that results in the presence of
42an extra whole or partial copy of chromosome 21.
43 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after
44section 4EE the following section:-
45 Section 4V1/2. An individual or group health maintenance contract that is issued or
46renewed shall provide coverage for the treatment of Down syndrome through speech therapy,
47occupational therapy, physical therapy and applied behavior analysis services. For purposes of
48this section, “Down syndrome” means a chromosomal condition caused by an error in cell
49division that results in the presence of an extra whole or partial copy of chromosome 21.
50 SECTION 7. This act shall take effect on January 1, 2024.