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HOUSE DOCKET, NO. 335 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1174
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Homar Gómez
_________________
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 to create direct dental care agreements.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Homar Gómez2nd Hampshire1/8/2025 1 of 2
HOUSE DOCKET, NO. 335 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1174
By Representative Gómez of Easthampton, a petition (accompanied by bill, House, No. 1174) of
Homar Gómez relative to direct dental care agreements. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 965 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to create direct dental care agreements.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 112 of the General Laws is hereby amended by inserting after section 53 the
2following section:-
3 Section 53A. (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Dentist”, an individual licensed pursuant to sections 43 to 53, inclusive, to practice
6dentistry.
7 “Direct dental care”, the screening, assessment and diagnosis of oral health and disease.
8 “Direct dental care agreements”, an agreement for the delivery of direct dental care
9entered into between a dentist and patient pursuant to this section based on a periodic fee for 2 of 2
10certain services for a specified period of time, rather than a fee-for-service arrangement financed
11through dental insurance.
12 “Patient”, an individual contracting for dental care.
13 (b) Notwithstanding any general or special law to the contrary, a dentist and a patient
14may enter into a direct dental care agreement for direct dental care. A direct dental care
15agreement entered into pursuant to this section shall: (i) describe the services to be provided in
16exchange for payment of a periodic fee; (ii) specify the periodic fee required and any additional
17fees that may be charged; (iii) specify that the termination of the agreement shall not affect any
18other agreement entered into pursuant to this section; and (iv) prohibit the dentist from
19submitting a fee-for-service claim for payment for services covered under the agreement.
20 (c) A dentist that enters into a direct dental care agreement pursuant to this section shall
21not be considered an insurance company and shall not be subject to the oversight of the division
22of insurance or subsection 5 of section 52A. A direct dental care agreement entered into
23pursuant to this section shall not be considered an insurance product or plan and shall not be
24subject to the oversight of the division of insurance or said subsection 5 of section 52A.