Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S646 Compare Versions

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22 SENATE DOCKET, NO. 1132 FILED ON: 1/18/2023
33 SENATE . . . . . . . . . . . . . . No. 646
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Cindy F. Friedman
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 ensuring access to full spectrum pregnancy care.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexJack Patrick Lewis7th Middlesex1/24/2023Paul W. MarkBerkshire, Hampden, Franklin and
1616 Hampshire
1717 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
1818 SENATE DOCKET, NO. 1132 FILED ON: 1/18/2023
1919 SENATE . . . . . . . . . . . . . . No. 646
2020 By Ms. Friedman, a petition (accompanied by bill, Senate, No. 646) of Cindy F. Friedman, Jack
2121 Patrick Lewis, Paul W. Mark, Lindsay N. Sabadosa and other members of the General Court for
2222 legislation to ensure access to full spectrum pregnancy care. Financial Services.
2323 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2424 SEE SENATE, NO. 673 OF 2021-2022.]
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Third General Court
2828 (2023-2024)
2929 _______________
3030 An Act ensuring access to full spectrum pregnancy care.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Section 17C of chapter 32A of the General Laws, as most recently amended
3434 2by section 8 of chapter 127 of the acts of 2022, is hereby amended by striking out the third
3535 3paragraph and inserting in place thereof the following paragraph:-
3636 4 Coverage provided under this section shall not be subject to any deductible, coinsurance,
3737 5copayment or any other cost-sharing requirement; provided, however, that deductibles,
3838 6coinsurance or copayments shall be required if the applicable plan is governed by the federal
3939 7Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
4040 8deductibles, coinsurance or copayments for these services. Coverage offered under this section
4141 9shall not impose unreasonable restrictions or delays in the coverage. 2 of 5
4242 10 SECTION 2. Said section 17C of said chapter 32A, as most recently amended by section
4343 118 of chapter 127, is hereby further amended by adding the following sentence:-
4444 12 The commission shall ensure plan compliance with this section.
4545 13 SECTION 3. Section 10A of chapter 118E of the General Laws, as most recently
4646 14amended by section 19 of chapter 127 of the acts of 2022, is hereby amended by adding the
4747 15following paragraphs:-
4848 16 Nothing in this section shall be construed to deny or restrict the division’s authority to
4949 17ensure its contracted health insurers, health plans, health maintenance organizations, behavioral
5050 18health management firms and third-party administrators under contract to a Medicaid managed
5151 19care organization or primary care clinician plan are in compliance with this chapter.
5252 20 The division shall ensure plan compliance with this chapter.
5353 21 SECTION 4. Section 47F of chapter 175 of the General Laws, as most recently amended
5454 22by section 22 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth
5555 23paragraph and inserting in place thereof the following paragraph:-
5656 24 Coverage provided under this section shall not be subject to any deductible, coinsurance,
5757 25copayment or any other cost-sharing requirement; provided, however, that deductibles,
5858 26coinsurance or copayments shall be required if the applicable plan is governed by the federal
5959 27Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
6060 28deductibles, coinsurance or copayments for these services. Coverage offered under this section
6161 29shall not impose unreasonable restrictions or delays in the coverage. 3 of 5
6262 30 SECTION 5. Said section 47F of said chapter 175, as recently amended by section 22 of
6363 31chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:-
6464 32 The commissioner shall ensure plan compliance with this section.
6565 33 SECTION 6. Section 8H of chapter 176A of the General Laws, as most recently amended
6666 34by section 26 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth
6767 35paragraph and inserting in place thereof the following paragraph:-
6868 36 Coverage provided under this section shall not be subject to any deductible, coinsurance,
6969 37copayment or any other cost-sharing requirement; provided, however, that deductibles,
7070 38coinsurance or copayments shall be required if the applicable plan is governed by the federal
7171 39Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
7272 40deductibles, coinsurance or copayments for these services. Coverage offered under this section
7373 41shall not impose unreasonable restrictions or delays in the coverage.
7474 42 SECTION 7. Said section 8H of said chapter 176A, as most recently amended by section
7575 4326 of chapter 127 of the acts of 2022, is hereby further amended by adding the following
7676 44sentence:-
7777 45 The commissioner shall ensure plan compliance with this section.
7878 46 SECTION 8. Section 4H of chapter 176B of the General Laws, as most recently amended
7979 47by section 29 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth
8080 48paragraph and inserting in place thereof the following paragraph:-
8181 49 Coverage provided under this section shall not be subject to any deductible, coinsurance,
8282 50copayment or any other cost-sharing requirement; provided, however, that deductibles, 4 of 5
8383 51coinsurance or copayments shall be required if the applicable plan is governed by the federal
8484 52Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
8585 53deductibles, coinsurance or copayments for these services. Coverage offered under this section
8686 54shall not impose unreasonable restrictions or delays in the coverage.
8787 55 SECTION 9. Said section 4H of said chapter 176B, as most recently amended by section
8888 5629 of chapter 127 of the acts of 2022, is hereby further amended by adding the following
8989 57sentence:-
9090 58 The commissioner shall ensure plan compliance with this section.
9191 59 SECTION 10. Section 4I of chapter 176G of the General Laws, as most recently
9292 60amended by section 31 of chapter 127 of the acts of 2022, is hereby amended by striking out the
9393 61third paragraph and inserting in place thereof the following paragraph:-
9494 62 Coverage provided under this section shall not be subject to any deductible, coinsurance,
9595 63copayment or any other cost-sharing requirement; provided, however, that deductibles,
9696 64coinsurance or copayments shall be required if the applicable plan is governed by the federal
9797 65Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on
9898 66deductibles, coinsurance or copayments for these services. Coverage offered under this section
9999 67shall not impose unreasonable restrictions or delays in the coverage.
100100 68 SECTION 11. Said section 4I of said chapter 176G, as most recently amended by section
101101 6931 of chapter 127 of the acts of 2022, is hereby amended by adding the following sentence:-
102102 70 The commissioner shall ensure plan compliance with this section. 5 of 5
103103 71 SECTION 12. Sections 1 to 11, inclusive, shall apply to all policies, contracts and
104104 72certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B and 176G of the
105105 73General Laws that are delivered, issued or renewed 6 months from the effective date of this act.