Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1169 Compare Versions

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22 HOUSE DOCKET, NO. 3540 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1169
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Colleen M. Garry
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 relative to colon cancer under the age of 50 years of age, prevalence, screening and
1313 insurance coverage and care in the Commonwealth aka Martha's Bill.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 7
1717 HOUSE DOCKET, NO. 3540 FILED ON: 1/17/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 1169
1919 By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1169) of Colleen
2020 M. Garry relative to colon cancer under the age of 50 years of age, prevalence, screening and
2121 insurance coverage and care. Financial Services.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 1020 OF 2023-2024.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Fourth General Court
2727 (2025-2026)
2828 _______________
2929 An Act relative to colon cancer under the age of 50 years of age, prevalence, screening and
3030 insurance coverage and care in the Commonwealth aka Martha's Bill.
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. Chapter 32A of the General Laws, as appearing in the 2016 Official
3434 2Edition, is hereby amended by inserting after section 17Q the following section:-
3535 3 Section 17R. (a) The commission shall provide to any active or retired employee of the
3636 4commonwealth starting at 45 years of age who is insured under the group insurance commission
3737 5coverage for colorectal cancer screening as found medically necessary by the insured’s primary
3838 6care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy
3939 7every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically
4040 8necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every
4141 9year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (vii) colonoscopy 2 of 7
4242 10every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a
4343 11colorectal cancer screening service procedure that enables a physician to examine visually the
4444 12inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or
4545 13both.
4646 14 (b) Colorectal cancer screening services pursuant to subsection (a) performed under
4747 15contract with the commission shall not be subject to any co-payment, deductible, coinsurance or
4848 16other cost-sharing requirement. In addition, an insured shall not be subject to any additional
4949 17charge for any service associated with a procedure or test for colorectal cancer screening, which
5050 18may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory
5151 19services; (iii) physician services; (iv) facility use, regardless of whether such facility is a
5252 20hospital; and (v) anesthesia.
5353 21 SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by
5454 22inserting after section 47KK the following section:-
5555 23 Section 47LL. (a) Any policy of accident and sickness insurance issued pursuant to
5656 24section 108, and any group blanket policy of accident and sickness insurance issued pursuant to
5757 25section 110 that is delivered, issued or renewed by agreement within or without the
5858 26commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer
5959 27screening as found medically necessary by the insured’s primary care physician, including: (i)
6060 28Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every
6161 29year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA
6262 30every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every
6363 31year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the 3 of 7
6464 32purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician
6565 33to examine visually the inside of a patient's entire colon and includes the concurrent removal of
6666 34polyps or biopsy, or both.
6767 35 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this
6868 36section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing
6969 37requirement. In addition, an insured shall not be subject to any additional charge for any service
7070 38associated with a procedure or test for colorectal cancer screening, which may include 1 or more
7171 39of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician
7272 40services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
7373 41 SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by
7474 42inserting after section 8MM the following section:-
7575 43 Section 8NN. (a) Any contract between a subscriber and the corporation under an
7676 44individual or group hospital service plan which is delivered, issued or renewed within the
7777 45commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer
7878 46screening as found medically necessary by the insured’s primary care physician, including: (i)
7979 47Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every
8080 48year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA
8181 49every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every
8282 50year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the
8383 51purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician
8484 52to examine visually the inside of a patient's entire colon and includes the concurrent removal of
8585 53polyps or biopsy, or both. 4 of 7
8686 54 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this
8787 55section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing
8888 56requirement. In addition, an insured shall not be subject to any additional charge for any service
8989 57associated with a procedure or test for colorectal cancer screening, which may include 1 or more
9090 58of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician
9191 59services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
9292 60 SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by
9393 61inserting after section 4MM the following section:-
9494 62 Section 4NN. (a) Any subscription certificate under an individual or group medical
9595 63service agreement delivered, issued or renewed within the commonwealth shall provide
9696 64coverage, starting at 45 years of age, for colorectal cancer screening as found medically
9797 65necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5
9898 66years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF,
9999 67PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as
100100 68medically necessary; (iv) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography
101101 69every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the
102102 70term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the
103103 71inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or
104104 72both.
105105 73 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this
106106 74section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing
107107 75requirement. In addition, an insured shall not be subject to any additional charge for any service 5 of 7
108108 76associated with a procedure or test for colorectal cancer screening, which may include 1 or more
109109 77of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician
110110 78services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
111111 79 SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by
112112 80inserting after section 4EE the following section:-
113113 81 Section 4FF. (a) An individual or group health maintenance contract that is issued or
114114 82renewed shall provide coverage, starting at 45 years of age, for colorectal cancer screening as
115115 83found medically necessary by the insured’s primary care physician, including: (i) Flexible
116116 84sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year;
117117 85(iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year
118118 86or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT
119119 87colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this
120120 88section the term “colonoscopy”, shall mean a procedure that enables a physician to examine
121121 89visually the inside of a patient's entire colon and includes the concurrent removal of polyps or
122122 90biopsy, or both.
123123 91 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this
124124 92section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing
125125 93requirement. In addition, an insured shall not be subject to any additional charge for any service
126126 94associated with a procedure or test for colorectal cancer screening, which may include 1 or more
127127 95of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician
128128 96services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
129129 97 SECTION 7. 6 of 7
130130 98 Resolved, that a special commission, to consist of 13 members as follows: the secretary
131131 99of the executive office of health and human services, or a designee; the commissioner of public
132132 100health, or a designee; the commissioner of insurance, or a designee; and 10 members who shall
133133 101be appointed as follows: 3 members appointed by the senate president, 1 of whom shall be the
134134 102senate chairman of the joint committee on public health, or a designee, 1 of whom shall be a
135135 103person with Colon Cancer under the age of 50 years old and 1 of whom is a medical specialist in
136136 104Colon Cancer under the age of 50 years old ; 3 members appointed by the speaker of the house
137137 105of representatives, 1 of whom shall be the house chairman of the joint committee on public
138138 106health, or a designee, 1 of whom shall be a person with Colon Cancer under the age of 50 years
139139 107old and 1 of whom is a medical specialist in Colon Cancer under the age of 50 years old ; and 4
140140 108members appointed by the governor, 1 of whom shall be a person with Colon Cancer under the
141141 109age of 50 years old , 1 of whom is a medical specialist in Colon Cancer under the age of 50 years
142142 110old, and 2 members of the public with demonstrated expertise in issues relating to the work of
143143 111the commission, is hereby established for the purpose of making an investigation and study to:
144144 112 (1) establish a mechanism in order to ascertain the prevalence of Colon Cancer under the
145145 113age of 50 years old in Massachusetts, and the unmet needs
146146 114 of persons with Colon Cancer under the age of 50 years old and those of their families;
147147 115collect time of diagnosis statistics and likely risks for Colon Cancer under the age of 50 years
148148 116old;
149149 117 (2) study Colon Cancer under the age of 50 years old prevention, screening, education
150150 118and support programs for Colon Cancer under the age of 50 years old in the Commonwealth; 7 of 7
151151 119 (3) provide recommendations for additional legislation, support programs and resources
152152 120necessary to meet the unmet needs of persons with Colon Cancer under the age of 50 years old
153153 121and their families and how to effectuate an early diagnosis and treatment for Colon Cancer under
154154 122the age of 50 years old patients.
155155 123 Vacancies in the membership of the commission shall be filled in the same manner
156156 124provided for the original appointments.
157157 125 The commission shall organize within 120 days following the appointment of a majority
158158 126of its members and shall select a chairperson and vice-chairperson from among the members.
159159 127The chairperson shall appoint a secretary who need not be a member of the commission.
160160 128 The public members shall serve without compensation, but shall be reimbursed for
161161 129necessary expenses incurred in the performance of their duties as provided by section 2A of
162162 130chapter 4 of the General Laws.
163163 131 The commission shall be entitled to call to its assistance and avail itself of the services of
164164 132the employees of any state, county or municipal department, board, bureau, commission or
165165 133agency as it may require and as may be available to it for its purposes.
166166 134 The executive office of health and human services shall provide staff support to the
167167 135commission.
168168 136 The commission shall report to the general court the results of its investigation and study
169169 137and its recommendations, if any, together with drafts of legislation necessary to carry its
170170 138recommendations into effect, by filing the same with the clerk of the senate and the clerk of the
171171 139House of representatives on or before December 31, 2023.