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2 | 2 | | SENATE DOCKET, NO. 395 FILED ON: 1/13/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 617 |
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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 applied behavioral analysis therapy. |
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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 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 |
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16 | 16 | | SENATE DOCKET, NO. 395 FILED ON: 1/13/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 617 |
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18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 617) of Julian Cyr, Michael D. Brady, |
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19 | 19 | | Joanne M. Comerford, James B. Eldridge and other members of the Senate for legislation |
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20 | 20 | | relative to applied behavioral analysis therapy. Financial Services. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 690 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 applied behavioral analysis therapy. |
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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 adding the |
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32 | 32 | | 2following section:- |
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33 | 33 | | 3 Section 25A. The commission shall provide to any active or retired employee of the |
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34 | 34 | | 4commonwealth who is insured under the group insurance commission coverage for the treatment |
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35 | 35 | | 5of Down syndrome through speech therapy, occupational therapy, physical therapy and applied |
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36 | 36 | | 6behavior analysis services. For purposes of this section, “Down syndrome” means a |
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37 | 37 | | 7chromosomal condition caused by an error in cell division that results in the presence of an extra |
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38 | 38 | | 8whole or partial copy of chromosome 21. 2 of 3 |
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39 | 39 | | 9 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
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40 | 40 | | 10section 10L the following section:- |
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41 | 41 | | 11 Section 10H1/2 The division and its contracted health insurers, health plans, health |
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42 | 42 | | 12maintenance organizations, behavioral health management firms and third-party administrators |
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43 | 43 | | 13under contract to a Medicaid managed care organization or primary care clinician plan shall |
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44 | 44 | | 14provide coverage for the treatment of Down syndrome through speech therapy, occupational |
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45 | 45 | | 15therapy, physical therapy and applied behavior analysis services. For purposes of this section, |
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46 | 46 | | 16“Down Syndrome” means a chromosomal condition caused by an error in cell division that |
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47 | 47 | | 17results in the presence of an extra whole or partial copy of chromosome 21. |
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48 | 48 | | 18 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
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49 | 49 | | 19section 47KK the following section:- |
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50 | 50 | | 20 Section 47AA1/2. Any policy, contract, agreement, plan or certificate of insurance |
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51 | 51 | | 21issued, delivered or renewed within the commonwealth, which is considered creditable coverage |
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52 | 52 | | 22under section 1 of chapter 111M, shall provide coverage for the treatment of Down syndrome |
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53 | 53 | | 23through speech therapy, occupational therapy, physical therapy and applied behavior analysis |
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54 | 54 | | 24services. For purposes of this section, “Down syndrome” means a chromosomal condition |
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55 | 55 | | 25caused by an error in cell division that results in the presence of an extra whole or partial copy of |
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56 | 56 | | 26chromosome 21. |
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57 | 57 | | 27 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after |
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58 | 58 | | 28section 8MM the following section:- |
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59 | 59 | | 29 Section 8NDD1/2 Any contract between a subscriber and the corporation under an |
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60 | 60 | | 30individual or group hospital service plan that is delivered, issued or renewed within the 3 of 3 |
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61 | 61 | | 31commonwealth shall provide coverage for the treatment of Down syndrome through speech |
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62 | 62 | | 32therapy, occupational therapy, physical therapy and applied behavior analysis services. For |
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63 | 63 | | 33purposes of this section, “Down syndrome” means a chromosomal condition caused by an error |
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64 | 64 | | 34in cell division that results in the presence of an extra whole or partial copy of chromosome 21. |
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65 | 65 | | 35 SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after |
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66 | 66 | | 36section 4MM the following section:- |
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67 | 67 | | 37 Section 4DD1/2. Any subscription certificate under an individual or group medical |
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68 | 68 | | 38service agreement delivered, issued or renewed within the commonwealth shall provide coverage |
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69 | 69 | | 39for the treatment of Down syndrome through speech therapy, occupational therapy, physical |
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70 | 70 | | 40therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” |
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71 | 71 | | 41means a chromosomal condition caused by an error in cell division that results in the presence of |
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72 | 72 | | 42an extra whole or partial copy of chromosome 21. |
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73 | 73 | | 43 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after |
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74 | 74 | | 44section 4EE the following section:- |
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75 | 75 | | 45 Section 4V1/2. An individual or group health maintenance contract that is issued or |
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76 | 76 | | 46renewed shall provide coverage for the treatment of Down syndrome through speech therapy, |
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77 | 77 | | 47occupational therapy, physical therapy and applied behavior analysis services. For purposes of |
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78 | 78 | | 48this section, “Down syndrome” means a chromosomal condition caused by an error in cell |
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79 | 79 | | 49division that results in the presence of an extra whole or partial copy of chromosome 21. |
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80 | 80 | | 50 SECTION 7. This act shall take effect on January 1, 2024. |
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