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2 | 2 | | SENATE DOCKET, NO. 1605 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 679 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Liz Miranda |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to protecting reproductive destiny. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkSusannah M. Whipps2nd Franklin2/8/2023 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 1605 FILED ON: 1/19/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 679 |
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18 | 18 | | By Ms. Miranda, a petition (accompanied by bill, Senate, No. 679) of Liz Miranda and Susannah |
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19 | 19 | | M. Whipps for legislation relative to protecting reproductive destiny. Financial Services. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Third General Court |
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23 | 23 | | (2023-2024) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to protecting reproductive destiny. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Section 12W of said chapter 112, as so appearing, is hereby amended by |
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29 | 29 | | 2inserting after the first paragraph the following:- |
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30 | 30 | | 3 Whenever any physician has reason to believe a person eighteen years or over is unable |
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31 | 31 | | 4to give informed consent, including when a person is in a state institution or under guardianship |
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32 | 32 | | 5under chapter 190B of the General Laws, no such sterilization shall be performed. |
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33 | 33 | | 6 SECTION 2. Chapter 118E of the General Laws, as so appearing, is hereby amended by |
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34 | 34 | | 7inserting at the end of Section 10N the following new Section:- |
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35 | 35 | | 8 Section 10O. Expanded Medicaid Coverage for Voluntary Female Sterilization |
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36 | 36 | | 9 (1) For purposes of this section, the following words shall have the following meanings: |
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37 | 37 | | 10 “Decision Counseling”, a counseling model for providers to ensure patients are fully |
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38 | 38 | | 11informed about the implications and permanency of sterilization. 2 of 2 |
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39 | 39 | | 12 ''Informed written consent'', a written consent form for the requested provision of |
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40 | 40 | | 13voluntary female sterilization. |
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41 | 41 | | 14 “Voluntary Female Sterilization”, any medical procedure, treatment, or operation for the |
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42 | 42 | | 15purpose of rendering an individual permanently incapable of reproducing performed at the |
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43 | 43 | | 16request of the individual. |
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44 | 44 | | 17 (2) Coverage of Voluntary Female Sterilization Services: |
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45 | 45 | | 18 The division and its contracted health insurers, health plans, health maintenance |
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46 | 46 | | 19organizations, behavioral health management firms and third-party administrators under contract |
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47 | 47 | | 20to a Medicaid managed care organization or primary care clinician plan shall provide coverage |
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48 | 48 | | 21for voluntary female sterilization even in the event that an individual covered by a Medicaid |
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49 | 49 | | 22managed care organization or primary care clinician plan has not fulfilled the federally required |
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50 | 50 | | 2330-day waiting period provided that the individual has completed Decision Counseling and |
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51 | 51 | | 24signed an informed written consent. |
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