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SENATE DOCKET, NO. 704 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 619
The Commonwealth of Massachusetts
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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 to address barriers to HIV prevention medication.
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PETITION OF:
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
SENATE DOCKET, NO. 704 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 619
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 619) of Julian Cyr, Jack Patrick Lewis,
Joanne M. Comerford, Susannah M. Whipps and other members of the General Court for
legislation to address barriers to HIV prevention medication. Financial Services.
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 to address barriers to HIV prevention medication.
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: (a) As used in this section, the following words shall have the following
2meanings, unless the context clearly requires otherwise:-
3 “HIV”, human immunodeficiency virus.
4 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
5HIV by the federal Food and Drug Administration, including any ancillary or support health
6service determined by the secretary of health and human services that is necessary to: (1) ensure
7that such a drug is prescribed or administered to a person who is not infected with HIV and has
8no medical contraindications to the use of such a drug; and (2) monitor such a person to ensure
9the safe and effective ongoing use of such a drug through: (A) an office visit; (B) laboratory
10testing; (C) testing for a sexually transmitted infection; (D) medication self-management and
11adherence counseling; (E) or any other health service specified as part of comprehensive HIV
12prevention drug services by the United States Department of Health and Human Services, the 2 of 2
13United States Centers for Disease Control and Prevention or the United States Preventive
14Services Task Force.
15 (b)(1) Notwithstanding any general or special law to the contrary, any policy, contract or
16certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G, 176I, 176J
17or 176Q of the General Laws that provides coverage for any HIV prevention drug shall not
18require:
19 (A) any cost-sharing, including co-payments or co-insurance, or any deductible; and
20 (B) prior authorization, step therapy or any other protocol that could restrict or delay the
21dispensing or provision of any HIV prevention drug.
22 (2) The commissioner of the division of insurance, in consultation with the secretary of
23health and human services, shall adopt any written policies, procedures or regulations necessary
24to implement this subsection.