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2 | 2 | | HOUSE DOCKET, NO. 3884 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1315 |
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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 | | Lindsay N. Sabadosa |
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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 relative to IUD pain management coverage. |
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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:Lindsay N. Sabadosa1st Hampshire1/17/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/22/2025Samantha Montaño15th Suffolk2/3/2025Danillo A. Sena37th Middlesex2/5/2025John H. Rogers12th Norfolk2/5/2025Marjorie C. Decker25th Middlesex2/14/2025Erika Uyterhoeven27th Middlesex2/19/2025Natalie M. Higgins4th Worcester2/24/2025Manny Cruz7th Essex2/25/2025James C. Arena-DeRosa8th Middlesex3/1/2025 1 of 8 |
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16 | 16 | | HOUSE DOCKET, NO. 3884 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1315 |
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18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1315) |
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19 | 19 | | of Lindsay N. Sabadosa and others relative to IUD pain management coverage. Financial |
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20 | 20 | | Services. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to IUD pain management coverage. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 official edition, |
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30 | 30 | | 2is hereby amended by inserting after Section 28(h) the following section: |
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31 | 31 | | 3 Section 28. (i) Any coverage offered by the commission to any active or retired employee |
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32 | 32 | | 4of the commonwealth insured under the group insurance commission shall provide coverage for |
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33 | 33 | | 5pain control methods during intrauterine device insertion, including but not limited to |
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34 | 34 | | 6intravenous sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as |
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35 | 35 | | 7prescribed by a provider, acting within their scope of practice. |
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36 | 36 | | 8 (j) (1) Coverage provided under subjection (g) shall not be subject to any deductible, |
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37 | 37 | | 9coinsurance, copayment or any other cost-sharing requirement, except as provided for in |
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38 | 38 | | 10subclauses (A) and (B) of clause (i) of subsection (a) or as otherwise required under federal law. |
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39 | 39 | | 11Coverage offered under this section shall not impose unreasonable restrictions or delays in the 2 of 8 |
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40 | 40 | | 12coverage; provided, however, that reasonable medical management techniques may be applied to |
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41 | 41 | | 13coverage within a method category, as defined by the FDA, but not across types of methods. |
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42 | 42 | | 14 (2) Benefits for an enrollee under this section shall also be provided for such enrollee’s |
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43 | 43 | | 15covered spouse and covered dependents. |
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44 | 44 | | 16 (3) Nothing in this section shall be construed to deny or restrict in any way the group |
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45 | 45 | | 17insurance commission’s authority to ensure plan compliance with this chapter. |
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46 | 46 | | 18 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2022 official |
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47 | 47 | | 19edition, is hereby amended by inserting in section 10K the following subsections: |
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48 | 48 | | 20 (g) The division and its contracted health insurers, health plans, health maintenance |
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49 | 49 | | 21organizations, behavioral health management firms and third-party administrators under contract |
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50 | 50 | | 22to a Medicaid managed care organization or primary care clinician plan shall provide coverage |
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51 | 51 | | 23for pain control methods during interuterine device insertion, including but not limited to |
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52 | 52 | | 24intravenous sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as |
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53 | 53 | | 25prescribed by a provider, acting within their scope of practice. |
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54 | 54 | | 26 (h) (1) Coverage provided under subjection (g) shall not be subject to any deductible, |
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55 | 55 | | 27coinsurance, copayment or any other cost-sharing requirement, except as provided for in |
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56 | 56 | | 28subclauses (A) and (B) of clause (i) of subsection (a) or as otherwise required under federal law. |
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57 | 57 | | 29Coverage provided under this section shall not impose unreasonable restrictions or delays in the |
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58 | 58 | | 30coverage; provided, however, that reasonable medical management techniques may be applied to |
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59 | 59 | | 31coverage within a method category, as defined by the FDA, but not across types of methods. 3 of 8 |
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60 | 60 | | 32 (2) Benefits for an enrollee under this section shall be the same for such enrollee’s |
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61 | 61 | | 33covered spouse and covered dependents. |
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62 | 62 | | 34 (3) Nothing in this section shall be construed to deny or restrict in any way the division of |
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63 | 63 | | 35medical assistance’s authority to ensure its contracted health insurers, health plans, health |
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64 | 64 | | 36maintenance organizations, behavioral health management firms and third-party administrators |
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65 | 65 | | 37under contract to a Medicaid managed care organization or primary care clinician plan are in |
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66 | 66 | | 38compliance with this chapter. |
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67 | 67 | | 39 SECTION 3. Chapter 175 of the General Laws, as appearing in the 2022 official edition, |
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68 | 68 | | 40is hereby amended by inserting after section 47W(j) the following subsections: |
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69 | 69 | | 41 (k) An individual policy of accident and sickness insurance issued pursuant to section |
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70 | 70 | | 42108 that provides hospital expense and surgical expense and any group blanket policy of accident |
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71 | 71 | | 43and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical |
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72 | 72 | | 44expense insurance, delivered, issued or renewed by agreement between the insurer and the |
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73 | 73 | | 45policyholder, within or without the Commonwealth, (hereinafter “policy”) shall provide benefits |
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74 | 74 | | 46for residents of the Commonwealth and all group members having a principal place of |
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75 | 75 | | 47employment within the Commonwealth coverage for pain control methods during interuterine |
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76 | 76 | | 48device insertion, including but not limited to intravenous sedation, oral sedation, nitrous oxide, |
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77 | 77 | | 49local anesthesia, or topical anesthesia as prescribed by a provider, acting within their scope of |
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78 | 78 | | 50practice. |
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79 | 79 | | 51 (l) (1) Coverage provided under subsection (k) shall not be subject to any deductible, |
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80 | 80 | | 52coinsurance, copayment or any other cost-sharing requirement, except as provided for in |
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81 | 81 | | 53subclauses (A) and (B) of clause (i) of subsection (d) or as otherwise required under federal law. 4 of 8 |
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82 | 82 | | 54Coverage offered under said subsection (d) shall not impose unreasonable restrictions or delays |
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83 | 83 | | 55in the coverage, in accordance with the requirements of chapter 176O; provided, however, that |
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84 | 84 | | 56reasonable medical management techniques may be applied to coverage within a method |
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85 | 85 | | 57category, as defined by the FDA, but not across types of methods. |
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86 | 86 | | 58 (2) Benefits for an enrollee shall be the same for such enrollee’s covered spouse and |
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87 | 87 | | 59covered dependents. |
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88 | 88 | | 60 (m) A policy of accident and sickness insurance that is purchased by an employer that is a |
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89 | 89 | | 61church or qualified church-controlled organization shall be exempt from subsection (k) at the |
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90 | 90 | | 62request of the employer. |
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91 | 91 | | 63 (n) The commissioner of insurance shall ensure that plans issued under subsection (k) |
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92 | 92 | | 64comply with this chapter. |
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93 | 93 | | 65 (o) For purposes of this section, the definitions in subsection (j) apply. |
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94 | 94 | | 66 SECTION 4. Chapter 176A of the General Laws, as appearing in the 2022 official |
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95 | 95 | | 67edition, is hereby amended by inserting after section 8W(j) the following subsections: |
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96 | 96 | | 68 (k) Any contract between a subscriber and the corporation under an individual or group |
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97 | 97 | | 69hospital service plan that is delivered, issued or renewed within or without the Commonwealth |
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98 | 98 | | 70and that provides benefits for outpatient services shall provide to all individual subscribers and |
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99 | 99 | | 71members within the Commonwealth and to all group members having a principal place of |
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100 | 100 | | 72employment within the Commonwealth coverage for pain control methods during interuterine |
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101 | 101 | | 73device insertion, including but not limited to intravenous sedation, oral sedation, nitrous oxide, 5 of 8 |
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102 | 102 | | 74local anesthesia, or topical anesthesia as prescribed by a provider, acting within their scope of |
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103 | 103 | | 75practice. |
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104 | 104 | | 76 (l) Coverage provided under subsection (k) shall not be subject to any deductible, |
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105 | 105 | | 77coinsurance, copayment or any cost-sharing requirement except as provided for in subclauses |
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106 | 106 | | 78(A) and (B) of clause (i) of subsection (d) or as otherwise required under federal law. Coverage |
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107 | 107 | | 79offered under subsection (k) shall not impose any unreasonable restriction or delay in the |
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108 | 108 | | 80coverage, in accordance with the requirements of chapter 176O; provided, however, that |
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109 | 109 | | 81reasonable medical management techniques may be applied to coverage within a method |
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110 | 110 | | 82category, as defined by the FDA, but not across types of methods. |
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111 | 111 | | 83 (m) (1) The requirements of subsection (k) shall not apply to a contract between a |
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112 | 112 | | 84subscriber and a corporation under an individual or group hospital service plan that is delivered, |
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113 | 113 | | 85issued, or renewed within or without the Commonwealth that is purchased by an employer that is |
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114 | 114 | | 86a church or qualified church-controlled organization. |
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115 | 115 | | 87 (2) A church or qualified church-controlled organization that invokes the exemption |
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116 | 116 | | 88provided under subsection (m)(1) shall provide written notice to prospective enrollees prior to |
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117 | 117 | | 89enrollment with the plan, listing the contraceptive health care methods and services such |
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118 | 118 | | 90employer refuses to cover for religious reasons. |
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119 | 119 | | 91 (n) Nothing in this subsection shall be construed to deny or restrict in any way the |
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120 | 120 | | 92division of insurance’s authority to ensure contract compliance with this chapter. |
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121 | 121 | | 93 (o) For purposes of this section, the definitions set forth in section (j) of this Chapter shall |
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122 | 122 | | 94apply, unless the context clearly requires otherwise. 6 of 8 |
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123 | 123 | | 95 SECTION 5. Chapter 176B of the General Laws, as appearing in the 2022 official |
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124 | 124 | | 96edition, is hereby amended by inserting after section 4W(j) the following subsections: |
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125 | 125 | | 97 (k) Any subscription certificate under an individual or group medical service agreement |
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126 | 126 | | 98that is delivered, issued or renewed within or without the Commonwealth and that provides |
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127 | 127 | | 99benefits for outpatient services shall provide to all individual subscribers and members within the |
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128 | 128 | | 100Commonwealth and to all group members having a principal place of employment within the |
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129 | 129 | | 101Commonwealth coverage for all of the following services and contraceptive methods for pain |
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130 | 130 | | 102control methods during intrauterine device insertion, including but not limited to intravenous |
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131 | 131 | | 103sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as prescribed by a |
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132 | 132 | | 104provider, acting within their scope of practice. |
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133 | 133 | | 105 (l) (1) A medical service agreement subject to subsection (k) shall not impose a |
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134 | 134 | | 106deductible, coinsurance, copayment or any other cost-sharing requirement on the coverage |
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135 | 135 | | 107provided. |
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136 | 136 | | 108 (2) Benefits for an enrollee under this subsection shall be the same for such enrollee’s |
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137 | 137 | | 109covered spouse and covered dependents. |
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138 | 138 | | 110 (m) (1) The requirements of this subsection shall not apply to a medical service |
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139 | 139 | | 111agreement that is delivered, issued, or renewed within or without the Commonwealth that is |
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140 | 140 | | 112purchased by an employer that is a church or qualified church-controlled organization. |
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141 | 141 | | 113 (2) A church or qualified church-controlled organization that invokes the exemption |
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142 | 142 | | 114provided under subsection (m)(1) shall provide written notice to prospective enrollees prior to |
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143 | 143 | | 115enrollment with the plan, listing the contraceptive health care methods and services the employer |
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144 | 144 | | 116refuses to cover for religious reasons. 7 of 8 |
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145 | 145 | | 117 (n) Nothing in this subsection shall be construed to deny or restrict in any way the |
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146 | 146 | | 118division of insurance’s authority to ensure medical service agreement compliance with this |
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147 | 147 | | 119chapter. |
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148 | 148 | | 120 (o) For purposes of this section, the definitions set forth in subsection (j) shall apply, |
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149 | 149 | | 121unless the context clearly requires otherwise. |
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150 | 150 | | 122 SECTION 6. Chapter 176G of the General Laws, as appearing in the 2022 official |
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151 | 151 | | 123edition, is hereby amended by inserting after section 4O(c) the following subsections: |
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152 | 152 | | 124 (d) Any individual or group health maintenance contract that is issued, renewed or |
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153 | 153 | | 125delivered within or without the Commonwealth and that provides benefits for outpatient |
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154 | 154 | | 126prescription drugs or devices shall provide to residents of the Commonwealth and to persons |
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155 | 155 | | 127having a principal place of employment within the Commonwealth coverage for pain control |
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156 | 156 | | 128methods during intrauterine device insertion, including but not limited to intravenous sedation, |
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157 | 157 | | 129oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as prescribed by a provider, |
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158 | 158 | | 130acting within their scope of practice. |
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159 | 159 | | 131 (e) (1) Coverage provided under subsection (d) shall not be subject to any deductible, |
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160 | 160 | | 132coinsurance, copayment or any other cost-sharing requirement except as provided for in |
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161 | 161 | | 133subclauses (A) and (B) of clause (i) of subsection (d) or otherwise as required under federal law. |
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162 | 162 | | 134Coverage offered under said subsection (d) shall not impose unreasonable restrictions or delays |
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163 | 163 | | 135in the coverage, in accordance with the requirements of chapter 176O; provided, however, that |
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164 | 164 | | 136reasonable medical management techniques may be applied to coverage within a method |
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165 | 165 | | 137category, as defined by the FDA, but not across types of methods. 8 of 8 |
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166 | 166 | | 138 (2) Benefits for an enrollee under this section shall be the same for such enrollee’s |
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167 | 167 | | 139covered spouse and covered dependents. |
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168 | 168 | | 140 (f) (1) The requirements of this subsection shall not apply to a health maintenance |
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169 | 169 | | 141contract if that policy is purchased by an employer that is a church or qualified church-controlled |
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170 | 170 | | 142organization. |
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171 | 171 | | 143 (2) A church or qualified church-controlled organization that invokes the exemption |
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172 | 172 | | 144provided under subsection (f)(1) shall provide written notice to prospective enrollees prior to |
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173 | 173 | | 145enrollment with the plan, listing the contraceptive health care services the employer refuses to |
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174 | 174 | | 146cover for religious reasons. |
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175 | 175 | | 147 (g) Nothing in this subsection shall be construed to deny or restrict in any way the |
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176 | 176 | | 148division of insurance’s authority to ensure health maintenance contract compliance with this |
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177 | 177 | | 149chapter. |
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178 | 178 | | 150 (h) For purposes of this section, the definitions in subjection (j) shall apply, unless the |
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179 | 179 | | 151context clearly requires otherwise. |
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180 | 180 | | 152 SECTION 7. Sections 1 through 6 of this act shall apply to all policies, contracts and |
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181 | 181 | | 153certificates of health insurance subject to chapters 32A, chapter 118E, chapter 175, chapter |
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182 | 182 | | 154176A, chapter 176B, and chapter 176G which are delivered, issued or renewed on or after |
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183 | 183 | | 155September 1, 2026. |
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