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2 | 2 | | HOUSE DOCKET, NO. 3540 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1169 |
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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 | | Colleen M. Garry |
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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 colon cancer under the age of 50 years of age, prevalence, screening and |
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13 | 13 | | insurance coverage and care in the Commonwealth aka Martha's Bill. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 7 |
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17 | 17 | | HOUSE DOCKET, NO. 3540 FILED ON: 1/17/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1169 |
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19 | 19 | | By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1169) of Colleen |
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20 | 20 | | M. Garry relative to colon cancer under the age of 50 years of age, prevalence, screening and |
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21 | 21 | | insurance coverage and care. Financial Services. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 1020 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act relative to colon cancer under the age of 50 years of age, prevalence, screening and |
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30 | 30 | | insurance coverage and care in the Commonwealth aka Martha's Bill. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2016 Official |
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34 | 34 | | 2Edition, is hereby amended by inserting after section 17Q the following section:- |
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35 | 35 | | 3 Section 17R. (a) The commission shall provide to any active or retired employee of the |
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36 | 36 | | 4commonwealth starting at 45 years of age who is insured under the group insurance commission |
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37 | 37 | | 5coverage for colorectal cancer screening as found medically necessary by the insured’s primary |
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38 | 38 | | 6care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy |
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39 | 39 | | 7every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically |
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40 | 40 | | 8necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every |
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41 | 41 | | 9year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (vii) colonoscopy 2 of 7 |
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42 | 42 | | 10every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a |
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43 | 43 | | 11colorectal cancer screening service procedure that enables a physician to examine visually the |
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44 | 44 | | 12inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or |
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45 | 45 | | 13both. |
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46 | 46 | | 14 (b) Colorectal cancer screening services pursuant to subsection (a) performed under |
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47 | 47 | | 15contract with the commission shall not be subject to any co-payment, deductible, coinsurance or |
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48 | 48 | | 16other cost-sharing requirement. In addition, an insured shall not be subject to any additional |
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49 | 49 | | 17charge for any service associated with a procedure or test for colorectal cancer screening, which |
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50 | 50 | | 18may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory |
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51 | 51 | | 19services; (iii) physician services; (iv) facility use, regardless of whether such facility is a |
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52 | 52 | | 20hospital; and (v) anesthesia. |
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53 | 53 | | 21 SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by |
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54 | 54 | | 22inserting after section 47KK the following section:- |
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55 | 55 | | 23 Section 47LL. (a) Any policy of accident and sickness insurance issued pursuant to |
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56 | 56 | | 24section 108, and any group blanket policy of accident and sickness insurance issued pursuant to |
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57 | 57 | | 25section 110 that is delivered, issued or renewed by agreement within or without the |
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58 | 58 | | 26commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer |
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59 | 59 | | 27screening as found medically necessary by the insured’s primary care physician, including: (i) |
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60 | 60 | | 28Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every |
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61 | 61 | | 29year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA |
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62 | 62 | | 30every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every |
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63 | 63 | | 31year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the 3 of 7 |
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64 | 64 | | 32purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician |
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65 | 65 | | 33to examine visually the inside of a patient's entire colon and includes the concurrent removal of |
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66 | 66 | | 34polyps or biopsy, or both. |
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67 | 67 | | 35 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this |
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68 | 68 | | 36section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing |
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69 | 69 | | 37requirement. In addition, an insured shall not be subject to any additional charge for any service |
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70 | 70 | | 38associated with a procedure or test for colorectal cancer screening, which may include 1 or more |
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71 | 71 | | 39of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician |
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72 | 72 | | 40services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. |
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73 | 73 | | 41 SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by |
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74 | 74 | | 42inserting after section 8MM the following section:- |
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75 | 75 | | 43 Section 8NN. (a) Any contract between a subscriber and the corporation under an |
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76 | 76 | | 44individual or group hospital service plan which is delivered, issued or renewed within the |
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77 | 77 | | 45commonwealth shall provide coverage, starting at 45 years of age, for colorectal cancer |
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78 | 78 | | 46screening as found medically necessary by the insured’s primary care physician, including: (i) |
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79 | 79 | | 47Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every |
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80 | 80 | | 48year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA |
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81 | 81 | | 49every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every |
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82 | 82 | | 50year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the |
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83 | 83 | | 51purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician |
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84 | 84 | | 52to examine visually the inside of a patient's entire colon and includes the concurrent removal of |
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85 | 85 | | 53polyps or biopsy, or both. 4 of 7 |
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86 | 86 | | 54 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this |
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87 | 87 | | 55section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing |
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88 | 88 | | 56requirement. In addition, an insured shall not be subject to any additional charge for any service |
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89 | 89 | | 57associated with a procedure or test for colorectal cancer screening, which may include 1 or more |
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90 | 90 | | 58of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician |
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91 | 91 | | 59services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. |
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92 | 92 | | 60 SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by |
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93 | 93 | | 61inserting after section 4MM the following section:- |
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94 | 94 | | 62 Section 4NN. (a) Any subscription certificate under an individual or group medical |
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95 | 95 | | 63service agreement delivered, issued or renewed within the commonwealth shall provide |
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96 | 96 | | 64coverage, starting at 45 years of age, for colorectal cancer screening as found medically |
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97 | 97 | | 65necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 |
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98 | 98 | | 66years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, |
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99 | 99 | | 67PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as |
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100 | 100 | | 68medically necessary; (iv) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography |
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101 | 101 | | 69every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the |
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102 | 102 | | 70term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the |
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103 | 103 | | 71inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or |
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104 | 104 | | 72both. |
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105 | 105 | | 73 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this |
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106 | 106 | | 74section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing |
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107 | 107 | | 75requirement. In addition, an insured shall not be subject to any additional charge for any service 5 of 7 |
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108 | 108 | | 76associated with a procedure or test for colorectal cancer screening, which may include 1 or more |
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109 | 109 | | 77of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician |
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110 | 110 | | 78services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. |
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111 | 111 | | 79 SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by |
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112 | 112 | | 80inserting after section 4EE the following section:- |
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113 | 113 | | 81 Section 4FF. (a) An individual or group health maintenance contract that is issued or |
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114 | 114 | | 82renewed shall provide coverage, starting at 45 years of age, for colorectal cancer screening as |
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115 | 115 | | 83found medically necessary by the insured’s primary care physician, including: (i) Flexible |
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116 | 116 | | 84sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; |
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117 | 117 | | 85(iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year |
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118 | 118 | | 86or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT |
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119 | 119 | | 87colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this |
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120 | 120 | | 88section the term “colonoscopy”, shall mean a procedure that enables a physician to examine |
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121 | 121 | | 89visually the inside of a patient's entire colon and includes the concurrent removal of polyps or |
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122 | 122 | | 90biopsy, or both. |
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123 | 123 | | 91 (b) Colorectal cancer screening services pursuant to subsection (a) performed under this |
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124 | 124 | | 92section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing |
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125 | 125 | | 93requirement. In addition, an insured shall not be subject to any additional charge for any service |
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126 | 126 | | 94associated with a procedure or test for colorectal cancer screening, which may include 1 or more |
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127 | 127 | | 95of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician |
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128 | 128 | | 96services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia. |
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129 | 129 | | 97 SECTION 7. 6 of 7 |
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130 | 130 | | 98 Resolved, that a special commission, to consist of 13 members as follows: the secretary |
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131 | 131 | | 99of the executive office of health and human services, or a designee; the commissioner of public |
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132 | 132 | | 100health, or a designee; the commissioner of insurance, or a designee; and 10 members who shall |
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133 | 133 | | 101be appointed as follows: 3 members appointed by the senate president, 1 of whom shall be the |
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134 | 134 | | 102senate chairman of the joint committee on public health, or a designee, 1 of whom shall be a |
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135 | 135 | | 103person with Colon Cancer under the age of 50 years old and 1 of whom is a medical specialist in |
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136 | 136 | | 104Colon Cancer under the age of 50 years old ; 3 members appointed by the speaker of the house |
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137 | 137 | | 105of representatives, 1 of whom shall be the house chairman of the joint committee on public |
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138 | 138 | | 106health, or a designee, 1 of whom shall be a person with Colon Cancer under the age of 50 years |
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139 | 139 | | 107old and 1 of whom is a medical specialist in Colon Cancer under the age of 50 years old ; and 4 |
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140 | 140 | | 108members appointed by the governor, 1 of whom shall be a person with Colon Cancer under the |
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141 | 141 | | 109age of 50 years old , 1 of whom is a medical specialist in Colon Cancer under the age of 50 years |
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142 | 142 | | 110old, and 2 members of the public with demonstrated expertise in issues relating to the work of |
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143 | 143 | | 111the commission, is hereby established for the purpose of making an investigation and study to: |
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144 | 144 | | 112 (1) establish a mechanism in order to ascertain the prevalence of Colon Cancer under the |
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145 | 145 | | 113age of 50 years old in Massachusetts, and the unmet needs |
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146 | 146 | | 114 of persons with Colon Cancer under the age of 50 years old and those of their families; |
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147 | 147 | | 115collect time of diagnosis statistics and likely risks for Colon Cancer under the age of 50 years |
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148 | 148 | | 116old; |
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149 | 149 | | 117 (2) study Colon Cancer under the age of 50 years old prevention, screening, education |
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150 | 150 | | 118and support programs for Colon Cancer under the age of 50 years old in the Commonwealth; 7 of 7 |
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151 | 151 | | 119 (3) provide recommendations for additional legislation, support programs and resources |
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152 | 152 | | 120necessary to meet the unmet needs of persons with Colon Cancer under the age of 50 years old |
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153 | 153 | | 121and their families and how to effectuate an early diagnosis and treatment for Colon Cancer under |
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154 | 154 | | 122the age of 50 years old patients. |
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155 | 155 | | 123 Vacancies in the membership of the commission shall be filled in the same manner |
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156 | 156 | | 124provided for the original appointments. |
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157 | 157 | | 125 The commission shall organize within 120 days following the appointment of a majority |
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158 | 158 | | 126of its members and shall select a chairperson and vice-chairperson from among the members. |
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159 | 159 | | 127The chairperson shall appoint a secretary who need not be a member of the commission. |
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160 | 160 | | 128 The public members shall serve without compensation, but shall be reimbursed for |
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161 | 161 | | 129necessary expenses incurred in the performance of their duties as provided by section 2A of |
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162 | 162 | | 130chapter 4 of the General Laws. |
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163 | 163 | | 131 The commission shall be entitled to call to its assistance and avail itself of the services of |
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164 | 164 | | 132the employees of any state, county or municipal department, board, bureau, commission or |
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165 | 165 | | 133agency as it may require and as may be available to it for its purposes. |
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166 | 166 | | 134 The executive office of health and human services shall provide staff support to the |
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167 | 167 | | 135commission. |
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168 | 168 | | 136 The commission shall report to the general court the results of its investigation and study |
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169 | 169 | | 137and its recommendations, if any, together with drafts of legislation necessary to carry its |
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170 | 170 | | 138recommendations into effect, by filing the same with the clerk of the senate and the clerk of the |
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171 | 171 | | 139House of representatives on or before December 31, 2023. |
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