Massachusetts 2023 2023-2024 Regular Session

Massachusetts Senate Bill S679 Introduced / Bill

Filed 02/16/2023

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SENATE DOCKET, NO. 1605       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 679
The Commonwealth of Massachusetts
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PRESENTED BY:
Liz Miranda
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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 relative to protecting reproductive destiny.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkSusannah M. Whipps2nd Franklin2/8/2023 1 of 2
SENATE DOCKET, NO. 1605       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 679
By Ms. Miranda, a petition (accompanied by bill, Senate, No. 679) of Liz Miranda and Susannah 
M. Whipps for legislation relative to protecting reproductive destiny.  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 relative to protecting reproductive destiny.
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 12W of said chapter 112, as so appearing, is hereby amended by 
2inserting after the first paragraph the following:-
3 Whenever any physician has reason to believe a person eighteen years or over is unable 
4to give informed consent, including when a person is in a state institution or under guardianship 
5under chapter 190B of the General Laws, no such sterilization shall be performed.
6 SECTION 2. Chapter 118E of the General Laws, as so appearing, is hereby amended by 
7inserting at the end of Section 10N the following new Section:-
8 Section 10O. Expanded Medicaid Coverage for Voluntary Female Sterilization
9 (1) For purposes of this section, the following words shall have the following meanings:
10 “Decision Counseling”, a counseling model for providers to ensure patients are fully 
11informed about the implications and permanency of sterilization. 2 of 2
12 ''Informed written consent'', a written consent form for the requested provision of 
13voluntary female sterilization.
14 “Voluntary Female Sterilization”, any medical procedure, treatment, or operation for the 
15purpose of rendering an individual permanently incapable of reproducing performed at the 
16request of the individual.
17 (2) Coverage of Voluntary Female Sterilization Services:
18 The division and its contracted health insurers, health plans, health maintenance 
19organizations, behavioral health management firms and third-party administrators under contract 
20to a Medicaid managed care organization or primary care clinician plan shall provide coverage 
21for voluntary female sterilization even in the event that an individual covered by a Medicaid 
22managed care organization or primary care clinician plan has not fulfilled the federally required 
2330-day waiting period provided that the individual has completed Decision Counseling and 
24signed an informed written consent.