Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S619 Compare Versions

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22 SENATE DOCKET, NO. 704 FILED ON: 1/17/2023
33 SENATE . . . . . . . . . . . . . . No. 619
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Julian Cyr
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to address barriers to HIV prevention medication.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsJack Patrick Lewis7th Middlesex1/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/7/2023Susannah M. Whipps2nd Franklin2/7/2023Vanna Howard17th Middlesex2/7/2023Sal N. DiDomenicoMiddlesex and Suffolk2/7/2023Anne M. GobiWorcester and Hampshire2/22/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/28/2023 1 of 2
1616 SENATE DOCKET, NO. 704 FILED ON: 1/17/2023
1717 SENATE . . . . . . . . . . . . . . No. 619
1818 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 619) of Julian Cyr, Jack Patrick Lewis,
1919 Joanne M. Comerford, Susannah M. Whipps and other members of the General Court for
2020 legislation to address barriers to HIV prevention medication. Financial Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to address barriers to HIV prevention medication.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1: (a) As used in this section, the following words shall have the following
3030 2meanings, unless the context clearly requires otherwise:-
3131 3 “HIV”, human immunodeficiency virus.
3232 4 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
3333 5HIV by the federal Food and Drug Administration, including any ancillary or support health
3434 6service determined by the secretary of health and human services that is necessary to: (1) ensure
3535 7that such a drug is prescribed or administered to a person who is not infected with HIV and has
3636 8no medical contraindications to the use of such a drug; and (2) monitor such a person to ensure
3737 9the safe and effective ongoing use of such a drug through: (A) an office visit; (B) laboratory
3838 10testing; (C) testing for a sexually transmitted infection; (D) medication self-management and
3939 11adherence counseling; (E) or any other health service specified as part of comprehensive HIV
4040 12prevention drug services by the United States Department of Health and Human Services, the 2 of 2
4141 13United States Centers for Disease Control and Prevention or the United States Preventive
4242 14Services Task Force.
4343 15 (b)(1) Notwithstanding any general or special law to the contrary, any policy, contract or
4444 16certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G, 176I, 176J
4545 17or 176Q of the General Laws that provides coverage for any HIV prevention drug shall not
4646 18require:
4747 19 (A) any cost-sharing, including co-payments or co-insurance, or any deductible; and
4848 20 (B) prior authorization, step therapy or any other protocol that could restrict or delay the
4949 21dispensing or provision of any HIV prevention drug.
5050 22 (2) The commissioner of the division of insurance, in consultation with the secretary of
5151 23health and human services, shall adopt any written policies, procedures or regulations necessary
5252 24to implement this subsection.