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SENATE DOCKET, NO. 1132 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 646
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cindy F. Friedman
_________________
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 ensuring access to full spectrum pregnancy care.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexJack Patrick Lewis7th Middlesex1/24/2023Paul W. MarkBerkshire, Hampden, Franklin and
Hampshire
1/24/2023Lindsay N. Sabadosa1st Hampshire1/24/2023Susannah M. Whipps2nd Franklin1/24/2023Carmine Lawrence Gentile13th Middlesex1/30/2023Jason M. LewisFifth Middlesex1/31/2023Mark C. MontignySecond Bristol and Plymouth1/31/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Thomas M. Stanley9th Middlesex2/3/2023Sal N. DiDomenicoMiddlesex and Suffolk2/3/2023Sean Garballey23rd Middlesex2/8/2023James B. EldridgeMiddlesex and Worcester2/21/2023Patricia D. JehlenSecond Middlesex3/2/2023 1 of 5
SENATE DOCKET, NO. 1132 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 646
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 646) of Cindy F. Friedman, Jack
Patrick Lewis, Paul W. Mark, Lindsay N. Sabadosa and other members of the General Court for
legislation to ensure access to full spectrum pregnancy care. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 673 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act ensuring access to full spectrum pregnancy care.
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. Section 17C of chapter 32A of the General Laws, as most recently amended
2by section 8 of chapter 127 of the acts of 2022, is hereby amended by striking out the third
3paragraph and inserting in place thereof the following paragraph:-
4 Coverage provided under this section shall not be subject to any deductible, coinsurance,
5copayment or any other cost-sharing requirement; provided, however, that deductibles,
6coinsurance or copayments shall be required if the applicable plan is governed by the federal
7Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
8deductibles, coinsurance or copayments for these services. Coverage offered under this section
9shall not impose unreasonable restrictions or delays in the coverage. 2 of 5
10 SECTION 2. Said section 17C of said chapter 32A, as most recently amended by section
118 of chapter 127, is hereby further amended by adding the following sentence:-
12 The commission shall ensure plan compliance with this section.
13 SECTION 3. Section 10A of chapter 118E of the General Laws, as most recently
14amended by section 19 of chapter 127 of the acts of 2022, is hereby amended by adding the
15following paragraphs:-
16 Nothing in this section shall be construed to deny or restrict the division’s authority to
17ensure its contracted health insurers, health plans, health maintenance organizations, behavioral
18health management firms and third-party administrators under contract to a Medicaid managed
19care organization or primary care clinician plan are in compliance with this chapter.
20 The division shall ensure plan compliance with this chapter.
21 SECTION 4. Section 47F of chapter 175 of the General Laws, as most recently amended
22by section 22 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth
23paragraph and inserting in place thereof the following paragraph:-
24 Coverage provided under this section shall not be subject to any deductible, coinsurance,
25copayment or any other cost-sharing requirement; provided, however, that deductibles,
26coinsurance or copayments shall be required if the applicable plan is governed by the federal
27Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
28deductibles, coinsurance or copayments for these services. Coverage offered under this section
29shall not impose unreasonable restrictions or delays in the coverage. 3 of 5
30 SECTION 5. Said section 47F of said chapter 175, as recently amended by section 22 of
31chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:-
32 The commissioner shall ensure plan compliance with this section.
33 SECTION 6. Section 8H of chapter 176A of the General Laws, as most recently amended
34by section 26 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth
35paragraph and inserting in place thereof the following paragraph:-
36 Coverage provided under this section shall not be subject to any deductible, coinsurance,
37copayment or any other cost-sharing requirement; provided, however, that deductibles,
38coinsurance or copayments shall be required if the applicable plan is governed by the federal
39Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
40deductibles, coinsurance or copayments for these services. Coverage offered under this section
41shall not impose unreasonable restrictions or delays in the coverage.
42 SECTION 7. Said section 8H of said chapter 176A, as most recently amended by section
4326 of chapter 127 of the acts of 2022, is hereby further amended by adding the following
44sentence:-
45 The commissioner shall ensure plan compliance with this section.
46 SECTION 8. Section 4H of chapter 176B of the General Laws, as most recently amended
47by section 29 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth
48paragraph and inserting in place thereof the following paragraph:-
49 Coverage provided under this section shall not be subject to any deductible, coinsurance,
50copayment or any other cost-sharing requirement; provided, however, that deductibles, 4 of 5
51coinsurance or copayments shall be required if the applicable plan is governed by the federal
52Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
53deductibles, coinsurance or copayments for these services. Coverage offered under this section
54shall not impose unreasonable restrictions or delays in the coverage.
55 SECTION 9. Said section 4H of said chapter 176B, as most recently amended by section
5629 of chapter 127 of the acts of 2022, is hereby further amended by adding the following
57sentence:-
58 The commissioner shall ensure plan compliance with this section.
59 SECTION 10. Section 4I of chapter 176G of the General Laws, as most recently
60amended by section 31 of chapter 127 of the acts of 2022, is hereby amended by striking out the
61third paragraph and inserting in place thereof the following paragraph:-
62 Coverage provided under this section shall not be subject to any deductible, coinsurance,
63copayment or any other cost-sharing requirement; provided, however, that deductibles,
64coinsurance or copayments shall be required if the applicable plan is governed by the federal
65Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
66deductibles, coinsurance or copayments for these services. Coverage offered under this section
67shall not impose unreasonable restrictions or delays in the coverage.
68 SECTION 11. Said section 4I of said chapter 176G, as most recently amended by section
6931 of chapter 127 of the acts of 2022, is hereby amended by adding the following sentence:-
70 The commissioner shall ensure plan compliance with this section. 5 of 5
71 SECTION 12. Sections 1 to 11, inclusive, shall apply to all policies, contracts and
72certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B and 176G of the
73General Laws that are delivered, issued or renewed 6 months from the effective date of this act.