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2 | 2 | | HOUSE DOCKET, NO. 1854 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1258 |
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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 | | Paul McMurtry and Michael F. Rush |
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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 requiring coverage of medically necessary oral and dental care for head and neck cancer |
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13 | 13 | | survivor. |
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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:Paul McMurtry11th Norfolk1/15/2025David F. DeCoste5th Plymouth2/10/2025John F. KeenanNorfolk and Plymouth2/25/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/27/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/27/2025Patrick Joseph Kearney4th Plymouth3/12/2025 1 of 10 |
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17 | 17 | | HOUSE DOCKET, NO. 1854 FILED ON: 1/15/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1258 |
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19 | 19 | | By Representative McMurtry of Dedham and Senator Rush, a joint petition (accompanied by |
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20 | 20 | | bill, House, No. 1258) of Paul McMurtry, David F. DeCoste and others relative to coverage of |
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21 | 21 | | medically necessary oral and dental care for head and neck cancer survivors. Financial Services. |
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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 requiring coverage of medically necessary oral and dental care for head and neck cancer |
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28 | 28 | | survivor. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after |
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32 | 32 | | 2section 17O, as inserted by chapter 233 of the acts 2016, the following section:- |
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33 | 33 | | 3 Section 17P. Any coverage offered by the commission to an active or retired employee of |
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34 | 34 | | 4the commonwealth insured under the group insurance commission shall provide coverage for: |
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35 | 35 | | 5 (a) necessary pre-cancer dental care, including preventative and restorative treatment to |
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36 | 36 | | 6the hard and soft tissues of the oral cavity, fluoride treatments and trays, and medically necessary |
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37 | 37 | | 7dental procedures, to reduce or eliminate the risk of infection or to treat tooth decay or tooth loss |
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38 | 38 | | 8in enrollees. |
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39 | 39 | | 9 (b) dental care that is required prior to the commencement of treatment for head and neck |
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40 | 40 | | 10cancer including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton |
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41 | 41 | | 11therapy, and radiation therapy. 2 of 10 |
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42 | 42 | | 12 (c) post cancer necessary dental care, including preventative dental phophylaxis’, scaling |
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43 | 43 | | 13and root planing, quarterly cleanings, bi-annual assessments by a periodontist, fluoride |
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44 | 44 | | 14treatments including trays, and medically necessary dental procedures to reduce or eliminate the |
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45 | 45 | | 15risk of infection; or to treat tooth loss or decay directly or indirectly caused by head and neck |
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46 | 46 | | 16cancer |
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47 | 47 | | 17 treatment. |
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48 | 48 | | 18 (d) dental procedures required as a result of treatments for head and neck cancer |
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49 | 49 | | 19including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton therapy, |
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50 | 50 | | 20and radiation therapy |
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51 | 51 | | 21 (e) laboratory assessments, medications, treatments, evaluations, examinations, and |
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52 | 52 | | 22rehabilitation necessary for head and neck cancer treatment and the restoration of function. |
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53 | 53 | | 23 (f) patient education, medical devices, prostheses, obturators, dental implants, |
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54 | 54 | | 24rehabilitative services necessary to restore, maintain, or improve, the whole or partial function |
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55 | 55 | | 25related to eating, breathing, voice, speech, quality of life, social functioning and swallowing; and |
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56 | 56 | | 26to |
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57 | 57 | | 27 approximate the normal appearance of any abnormal structures that is affected by a head |
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58 | 58 | | 28and neck cancer diagnosis and/or the treatment of head and neck cancer, or the side effects |
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59 | 59 | | 29resulting from the treatment. |
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60 | 60 | | 30 (g) restorative and rehabilitative care including but not limited to: medications, |
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61 | 61 | | 31restoration procedures, and other medical interventions required to address impairments resulting |
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62 | 62 | | 32from head and neck cancer or its treatment. 3 of 10 |
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63 | 63 | | 33 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
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64 | 64 | | 34section 10J, as inserted by chapter 233 of the acts 2016, the following section:- |
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65 | 65 | | 35 Section 10K. The division shall provide coverage for: |
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66 | 66 | | 36 (a) necessary pre-cancer dental care, including preventative and restorative treatment to |
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67 | 67 | | 37the hard and soft tissues of the oral cavity, fluoride treatments and trays, and medically necessary |
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68 | 68 | | 38dental procedures, to reduce or eliminate the risk of infection or to treat tooth decay or tooth loss |
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69 | 69 | | 39in enrollees. |
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70 | 70 | | 40 (b) dental care that is required prior to the commencement of treatment for head and neck |
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71 | 71 | | 41cancer including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton |
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72 | 72 | | 42therapy, and radiation therapy. |
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73 | 73 | | 43 (c) post cancer necessary dental care, including preventative dental phophylaxis’, scaling |
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74 | 74 | | 44and root planing, quarterly cleanings, bi-annual assessments by a periodontist, fluoride |
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75 | 75 | | 45treatments including trays, and medically necessary dental procedures to reduce or eliminate the |
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76 | 76 | | 46risk of infection; or to treat tooth loss or decay directly or indirectly caused by head and neck |
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77 | 77 | | 47cancer treatment. |
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78 | 78 | | 48 (d) dental procedures required as a result of treatments for head and neck cancer |
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79 | 79 | | 49including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton therapy, |
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80 | 80 | | 50and radiation therapy. |
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81 | 81 | | 51 (e) laboratory assessments, medications, treatments, evaluations, examinations, and |
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82 | 82 | | 52rehabilitation necessary for head and neck cancer treatment and the restoration of function. 4 of 10 |
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83 | 83 | | 53 (f) patient education, medical devices, prostheses, obturators, dental implants, |
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84 | 84 | | 54rehabilitative services necessary to restore, maintain, or improve, the whole or partial function |
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85 | 85 | | 55related to eating, breathing, voice, speech, quality of life, social functioning and swallowing; and |
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86 | 86 | | 56to |
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87 | 87 | | 57 approximate the normal appearance of any abnormal structures that is affected by a head |
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88 | 88 | | 58and neck cancer diagnosis and/or the treatment of head and neck cancer, or the side effects |
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89 | 89 | | 59resulting from the treatment. |
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90 | 90 | | 60 (g) restorative and rehabilitative care including but not limited to: medications, |
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91 | 91 | | 61restoration procedures, and other medical interventions required to address impairments resulting |
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92 | 92 | | 62from head and neck cancer or its treatment. |
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93 | 93 | | 63 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
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94 | 94 | | 64section 47II, as inserted by chapter 233 of the acts 2016, the following section:- |
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95 | 95 | | 65 Section 47JJ. A policy, contract, agreement, plan or certificate of insurance issued, |
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96 | 96 | | 66delivered or renewed within the commonwealth that provides medical expense coverage shall |
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97 | 97 | | 67provide coverage for: |
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98 | 98 | | 68 (a) necessary pre-cancer dental care, including preventative and restorative treatment to |
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99 | 99 | | 69the hard and soft tissues of the oral cavity, fluoride treatments and trays, and medically necessary |
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100 | 100 | | 70dental procedures, to reduce or eliminate the risk of infection or to treat tooth decay or tooth loss |
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101 | 101 | | 71in enrollees. 5 of 10 |
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102 | 102 | | 72 (b) dental care that is required prior to the commencement of treatment for head and neck |
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103 | 103 | | 73cancer including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton |
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104 | 104 | | 74therapy, and radiation therapy. |
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105 | 105 | | 75 (c) post cancer necessary dental care, including preventative dental phophylaxis’, scaling |
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106 | 106 | | 76and root planing, quarterly cleanings, bi-annual assessments by a periodontist, fluoride |
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107 | 107 | | 77treatments including trays, and medically necessary dental procedures to reduce or eliminate the |
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108 | 108 | | 78risk of infection; or to treat tooth loss or decay directly or indirectly caused by head and neck |
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109 | 109 | | 79cancer treatment. |
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110 | 110 | | 80 (d) dental procedures required as a result of treatments for head and neck cancer |
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111 | 111 | | 81including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton therapy, |
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112 | 112 | | 82and radiation therapy. |
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113 | 113 | | 83 (e) laboratory assessments, medications, treatments, evaluations, examinations, and |
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114 | 114 | | 84rehabilitation necessary for head and neck cancer treatment and the restoration of function. |
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115 | 115 | | 85 (f) patient education, medical devices, prostheses, obturators, dental implants, |
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116 | 116 | | 86rehabilitative services necessary to restore, maintain, or improve, the whole or partial function |
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117 | 117 | | 87related to eating, breathing, voice, speech, quality of life, social functioning and swallowing; and |
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118 | 118 | | 88to approximate the normal appearance of any abnormal structures that is affected by a head and |
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119 | 119 | | 89neck cancer diagnosis and/or the treatment of head and neck cancer, or the side effects resulting |
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120 | 120 | | 90from the treatment. |
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121 | 121 | | 91 (g) restorative and rehabilitative care including but not limited to: medications, |
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122 | 122 | | 92restoration procedures, and other medical interventions required to address impairments resulting |
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123 | 123 | | 93from head and neck cancer or its treatment. 6 of 10 |
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124 | 124 | | 94 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after |
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125 | 125 | | 95section 8KK, as inserted by chapter 233 of the acts 2016, the following section:- |
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126 | 126 | | 96 Section 8LL. A contract between a subscriber and the corporation under an individual or |
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127 | 127 | | 97group hospital service plan that is delivered, issued or renewed within the commonwealth shall |
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128 | 128 | | 98provide coverage for: |
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129 | 129 | | 99 (a) necessary pre-cancer dental care, including preventative and restorative treatment to |
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130 | 130 | | 100the hard and soft tissues of the oral cavity, fluoride treatments and trays, and medically necessary |
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131 | 131 | | 101dental procedures, to reduce or eliminate the risk of infection or to treat tooth decay or tooth loss |
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132 | 132 | | 102in enrollees. |
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133 | 133 | | 103 (b) dental care that is required prior to the commencement of treatment for head and neck |
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134 | 134 | | 104cancer including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton |
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135 | 135 | | 105therapy, and radiation therapy. |
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136 | 136 | | 106 (c) post cancer necessary dental care, including preventative dental phophylaxis’, scaling |
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137 | 137 | | 107and root planing, quarterly cleanings, bi-annual assessments by a periodontist, fluoride |
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138 | 138 | | 108treatments including trays, and medically necessary dental procedures to reduce or eliminate the |
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139 | 139 | | 109risk of infection; or to treat tooth loss or decay directly or indirectly caused by head and neck |
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140 | 140 | | 110cancer treatment. |
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141 | 141 | | 111 (d) dental procedures required as a result of treatments for head and neck cancer |
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142 | 142 | | 112including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton therapy, |
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143 | 143 | | 113and radiation therapy. 7 of 10 |
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144 | 144 | | 114 (e) laboratory assessments, medications, treatments, evaluations, examinations, and |
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145 | 145 | | 115rehabilitation necessary for head and neck cancer treatment and the restoration of function. |
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146 | 146 | | 116 (f) patient education, medical devices, prostheses, obturators, dental implants, |
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147 | 147 | | 117rehabilitative services necessary to restore, maintain, or improve, the whole or partial function |
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148 | 148 | | 118related to eating, breathing, voice, speech, quality of life, social functioning and swallowing; and |
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149 | 149 | | 119to approximate the normal appearance of any abnormal structures that is affected by a head and |
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150 | 150 | | 120neck cancer diagnosis and/or the treatment of head and neck cancer, or the side effects resulting |
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151 | 151 | | 121from the treatment. |
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152 | 152 | | 122 (g) restorative and rehabilitative care including but not limited to: medications, |
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153 | 153 | | 123restoration procedures, and other medical interventions required to address impairments resulting |
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154 | 154 | | 124from head and neck cancer or its treatment. |
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155 | 155 | | 125 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after |
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156 | 156 | | 126section 4KK, as inserted by chapter 233 of the acts 2016, the following section:- |
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157 | 157 | | 127 Section 4LL. A subscription certificate under an individual or group medical service |
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158 | 158 | | 128agreement delivered, issued or renewed within the commonwealth shall provide coverage for: |
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159 | 159 | | 129 (a) necessary pre-cancer dental care, including preventative and restorative treatment to |
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160 | 160 | | 130the hard and soft tissues of the oral cavity, fluoride treatments and trays, and medically necessary |
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161 | 161 | | 131dental procedures, to reduce or eliminate the risk of infection or to treat tooth decay or tooth loss |
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162 | 162 | | 132in enrollees. 8 of 10 |
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163 | 163 | | 133 (b) dental care that is required prior to the commencement of treatment for head and neck |
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164 | 164 | | 134cancer including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton |
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165 | 165 | | 135therapy, and radiation therapy. |
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166 | 166 | | 136 (c) post cancer necessary dental care, including preventative dental phophylaxis’, scaling |
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167 | 167 | | 137and root planing, quarterly cleanings, bi-annual assessments by a periodontist, fluoride |
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168 | 168 | | 138treatments including trays, and medically necessary dental procedures to reduce or eliminate the |
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169 | 169 | | 139risk of infection; or to treat tooth loss or decay directly or indirectly caused by head and neck |
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170 | 170 | | 140cancer treatment. |
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171 | 171 | | 141 (d) dental procedures required as a result of treatments for head and neck cancer |
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172 | 172 | | 142including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton therapy, |
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173 | 173 | | 143and radiation therapy. |
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174 | 174 | | 144 (e) laboratory assessments, medications, treatments, evaluations, examinations, and |
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175 | 175 | | 145rehabilitation necessary for head and neck cancer treatment and the restoration of function. |
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176 | 176 | | 146 (f) patient education, medical devices, prostheses, obturators, dental implants, |
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177 | 177 | | 147rehabilitative services necessary to restore, maintain, or improve, the whole or partial function |
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178 | 178 | | 148related to eating, breathing, voice, speech, quality of life, social functioning and swallowing; and |
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179 | 179 | | 149to approximate the normal appearance of any abnormal structures that is affected by a head and |
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180 | 180 | | 150neck cancer diagnosis and/or the treatment of head and neck cancer, or the side effects resulting |
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181 | 181 | | 151from the treatment. |
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182 | 182 | | 152 (g) restorative and rehabilitative care including but not limited to: medications, |
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183 | 183 | | 153restoration procedures, and other medical interventions required to address impairments resulting |
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184 | 184 | | 154from head and neck cancer or its treatment. 9 of 10 |
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185 | 185 | | 155 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after |
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186 | 186 | | 156section 4CC, as inserted by chapter 233 of the acts 2016, the following section:- |
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187 | 187 | | 157 Section 4DD. An individual or group health maintenance contract shall provide coverage |
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188 | 188 | | 158for: |
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189 | 189 | | 159 (a) necessary pre-cancer dental care, including preventative and restorative treatment to |
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190 | 190 | | 160the hard and soft tissues of the oral cavity, fluoride treatments and trays, and medically necessary |
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191 | 191 | | 161dental procedures, to reduce or eliminate the risk of infection or to treat tooth decay or tooth loss |
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192 | 192 | | 162in enrollees. |
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193 | 193 | | 163 (b) dental care that is required prior to the commencement of treatment for head and neck |
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194 | 194 | | 164cancer including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton |
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195 | 195 | | 165therapy, and radiation therapy. |
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196 | 196 | | 166 (c) post cancer necessary dental care, including preventative dental phophylaxis’, scaling |
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197 | 197 | | 167and root planing, quarterly cleanings, bi-annual assessments by a periodontist, fluoride |
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198 | 198 | | 168treatments including trays, and medically necessary dental procedures to reduce or eliminate the |
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199 | 199 | | 169risk of infection; or to treat tooth loss or decay directly or indirectly caused by head and neck |
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200 | 200 | | 170cancer treatment. |
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201 | 201 | | 171 (d) dental procedures required as a result of treatments for head and neck cancer |
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202 | 202 | | 172including, but not limited to, chemotherapy, immunotherapy, biological therapy, proton therapy, |
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203 | 203 | | 173and radiation therapy. |
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204 | 204 | | 174 (e) laboratory assessments, medications, treatments, evaluations, examinations, and |
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205 | 205 | | 175rehabilitation necessary for head and neck cancer treatment and the restoration of function. 10 of 10 |
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206 | 206 | | 176 (f) patient education, medical devices, prostheses, obturators, dental implants, |
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207 | 207 | | 177rehabilitative services necessary to restore, maintain, or improve, the whole or partial function |
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208 | 208 | | 178related to eating, breathing, voice, speech, quality of life, social functioning and swallowing; and |
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209 | 209 | | 179to approximate the normal appearance of any abnormal structures that is affected by a head and |
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210 | 210 | | 180neck cancer diagnosis and/or the treatment of head and neck cancer, or the side effects resulting |
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211 | 211 | | 181from the treatment. |
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212 | 212 | | 182 (g) restorative and rehabilitative care including but not limited to: medications, |
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213 | 213 | | 183restoration procedures, and other medical interventions required to address impairments resulting |
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214 | 214 | | 184from head and neck cancer or its treatment. |
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