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2 | 2 | | HOUSE DOCKET, NO. 335 FILED ON: 1/8/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1174 |
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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 | | Homar Gómez |
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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 to create direct dental care agreements. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Homar Gómez2nd Hampshire1/8/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 335 FILED ON: 1/8/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1174 |
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18 | 18 | | By Representative Gómez of Easthampton, a petition (accompanied by bill, House, No. 1174) of |
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19 | 19 | | Homar Gómez relative to direct dental care agreements. Financial Services. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 965 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act to create direct dental care agreements. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 Chapter 112 of the General Laws is hereby amended by inserting after section 53 the |
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31 | 31 | | 2following section:- |
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32 | 32 | | 3 Section 53A. (a) As used in this section, the following words shall, unless the context |
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33 | 33 | | 4clearly requires otherwise, have the following meanings:- |
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34 | 34 | | 5 “Dentist”, an individual licensed pursuant to sections 43 to 53, inclusive, to practice |
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35 | 35 | | 6dentistry. |
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36 | 36 | | 7 “Direct dental care”, the screening, assessment and diagnosis of oral health and disease. |
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37 | 37 | | 8 “Direct dental care agreements”, an agreement for the delivery of direct dental care |
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38 | 38 | | 9entered into between a dentist and patient pursuant to this section based on a periodic fee for 2 of 2 |
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39 | 39 | | 10certain services for a specified period of time, rather than a fee-for-service arrangement financed |
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40 | 40 | | 11through dental insurance. |
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41 | 41 | | 12 “Patient”, an individual contracting for dental care. |
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42 | 42 | | 13 (b) Notwithstanding any general or special law to the contrary, a dentist and a patient |
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43 | 43 | | 14may enter into a direct dental care agreement for direct dental care. A direct dental care |
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44 | 44 | | 15agreement entered into pursuant to this section shall: (i) describe the services to be provided in |
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45 | 45 | | 16exchange for payment of a periodic fee; (ii) specify the periodic fee required and any additional |
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46 | 46 | | 17fees that may be charged; (iii) specify that the termination of the agreement shall not affect any |
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47 | 47 | | 18other agreement entered into pursuant to this section; and (iv) prohibit the dentist from |
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48 | 48 | | 19submitting a fee-for-service claim for payment for services covered under the agreement. |
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49 | 49 | | 20 (c) A dentist that enters into a direct dental care agreement pursuant to this section shall |
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50 | 50 | | 21not be considered an insurance company and shall not be subject to the oversight of the division |
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51 | 51 | | 22of insurance or subsection 5 of section 52A. A direct dental care agreement entered into |
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52 | 52 | | 23pursuant to this section shall not be considered an insurance product or plan and shall not be |
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53 | 53 | | 24subject to the oversight of the division of insurance or said subsection 5 of section 52A. |
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