Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1174 Compare Versions

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22 HOUSE DOCKET, NO. 335 FILED ON: 1/8/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1174
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Homar Gómez
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 to create direct dental care agreements.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Homar Gómez2nd Hampshire1/8/2025 1 of 2
1616 HOUSE DOCKET, NO. 335 FILED ON: 1/8/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1174
1818 By Representative Gómez of Easthampton, a petition (accompanied by bill, House, No. 1174) of
1919 Homar Gómez relative to direct dental care agreements. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE HOUSE, NO. 965 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act to create direct dental care agreements.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 Chapter 112 of the General Laws is hereby amended by inserting after section 53 the
3131 2following section:-
3232 3 Section 53A. (a) As used in this section, the following words shall, unless the context
3333 4clearly requires otherwise, have the following meanings:-
3434 5 “Dentist”, an individual licensed pursuant to sections 43 to 53, inclusive, to practice
3535 6dentistry.
3636 7 “Direct dental care”, the screening, assessment and diagnosis of oral health and disease.
3737 8 “Direct dental care agreements”, an agreement for the delivery of direct dental care
3838 9entered into between a dentist and patient pursuant to this section based on a periodic fee for 2 of 2
3939 10certain services for a specified period of time, rather than a fee-for-service arrangement financed
4040 11through dental insurance.
4141 12 “Patient”, an individual contracting for dental care.
4242 13 (b) Notwithstanding any general or special law to the contrary, a dentist and a patient
4343 14may enter into a direct dental care agreement for direct dental care. A direct dental care
4444 15agreement entered into pursuant to this section shall: (i) describe the services to be provided in
4545 16exchange for payment of a periodic fee; (ii) specify the periodic fee required and any additional
4646 17fees that may be charged; (iii) specify that the termination of the agreement shall not affect any
4747 18other agreement entered into pursuant to this section; and (iv) prohibit the dentist from
4848 19submitting a fee-for-service claim for payment for services covered under the agreement.
4949 20 (c) A dentist that enters into a direct dental care agreement pursuant to this section shall
5050 21not be considered an insurance company and shall not be subject to the oversight of the division
5151 22of insurance or subsection 5 of section 52A. A direct dental care agreement entered into
5252 23pursuant to this section shall not be considered an insurance product or plan and shall not be
5353 24subject to the oversight of the division of insurance or said subsection 5 of section 52A.