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