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| 2 | 2 | | HOUSE DOCKET, NO. 3046 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1132 |
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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 | | Marjorie C. Decker |
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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 external reviews and patient protection. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025 1 of 1 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3046 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1132 |
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| 18 | 18 | | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1132) of |
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| 19 | 19 | | Marjorie C. Decker relative to external reviews and patient protections. 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-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to external reviews and patient protection. |
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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 24 of chapter 176O is hereby amended by adding the following paragraphs: |
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| 29 | 29 | | 2 (f) Every external review must be conducted by a physician licensed to practice in the |
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| 30 | 30 | | 3Commonwealth of Massachusetts and certified in the medical specialty underlying the medical |
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| 31 | 31 | | 4claim at issue. Furthermore, such physician shall be identified to the patient, shall provide a |
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| 32 | 32 | | 5written report to the patient detailing any and all findings and opinions rendered along with |
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| 33 | 33 | | 6citations to any and all applicable peer reviewed materials which form the basis for such |
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| 34 | 34 | | 7opinions, shall, when circumstances warrant, conduct a physical examination of the patient, and |
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| 35 | 35 | | 8shall carry malpractice insurance for services rendered as part of the physician/patient |
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| 36 | 36 | | 9relationship established through the external review process. |
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| 37 | 37 | | 10 (g) The patient may appeal any external review decision in the superior court department |
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| 38 | 38 | | 11of the trial court and, if successful, shall be entitled to recover any and all attorney's fees and |
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| 39 | 39 | | 12costs incurred from the risk-bearing provider organization. |
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