Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1315 Compare Versions

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22 HOUSE DOCKET, NO. 3884 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1315
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Lindsay N. Sabadosa
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 relative to IUD pain management coverage.
1313 _______________
1414 PETITION OF:
1515 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
1616 HOUSE DOCKET, NO. 3884 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1315
1818 By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1315)
1919 of Lindsay N. Sabadosa and others relative to IUD pain management coverage. Financial
2020 Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act relative to IUD pain management coverage.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 official edition,
3030 2is hereby amended by inserting after Section 28(h) the following section:
3131 3 Section 28. (i) Any coverage offered by the commission to any active or retired employee
3232 4of the commonwealth insured under the group insurance commission shall provide coverage for
3333 5pain control methods during intrauterine device insertion, including but not limited to
3434 6intravenous sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as
3535 7prescribed by a provider, acting within their scope of practice.
3636 8 (j) (1) Coverage provided under subjection (g) shall not be subject to any deductible,
3737 9coinsurance, copayment or any other cost-sharing requirement, except as provided for in
3838 10subclauses (A) and (B) of clause (i) of subsection (a) or as otherwise required under federal law.
3939 11Coverage offered under this section shall not impose unreasonable restrictions or delays in the 2 of 8
4040 12coverage; provided, however, that reasonable medical management techniques may be applied to
4141 13coverage within a method category, as defined by the FDA, but not across types of methods.
4242 14 (2) Benefits for an enrollee under this section shall also be provided for such enrollee’s
4343 15covered spouse and covered dependents.
4444 16 (3) Nothing in this section shall be construed to deny or restrict in any way the group
4545 17insurance commission’s authority to ensure plan compliance with this chapter.
4646 18 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2022 official
4747 19edition, is hereby amended by inserting in section 10K the following subsections:
4848 20 (g) The division and its contracted health insurers, health plans, health maintenance
4949 21organizations, behavioral health management firms and third-party administrators under contract
5050 22to a Medicaid managed care organization or primary care clinician plan shall provide coverage
5151 23for pain control methods during interuterine device insertion, including but not limited to
5252 24intravenous sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as
5353 25prescribed by a provider, acting within their scope of practice.
5454 26 (h) (1) Coverage provided under subjection (g) shall not be subject to any deductible,
5555 27coinsurance, copayment or any other cost-sharing requirement, except as provided for in
5656 28subclauses (A) and (B) of clause (i) of subsection (a) or as otherwise required under federal law.
5757 29Coverage provided under this section shall not impose unreasonable restrictions or delays in the
5858 30coverage; provided, however, that reasonable medical management techniques may be applied to
5959 31coverage within a method category, as defined by the FDA, but not across types of methods. 3 of 8
6060 32 (2) Benefits for an enrollee under this section shall be the same for such enrollee’s
6161 33covered spouse and covered dependents.
6262 34 (3) Nothing in this section shall be construed to deny or restrict in any way the division of
6363 35medical assistance’s authority to ensure its contracted health insurers, health plans, health
6464 36maintenance organizations, behavioral health management firms and third-party administrators
6565 37under contract to a Medicaid managed care organization or primary care clinician plan are in
6666 38compliance with this chapter.
6767 39 SECTION 3. Chapter 175 of the General Laws, as appearing in the 2022 official edition,
6868 40is hereby amended by inserting after section 47W(j) the following subsections:
6969 41 (k) An individual policy of accident and sickness insurance issued pursuant to section
7070 42108 that provides hospital expense and surgical expense and any group blanket policy of accident
7171 43and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical
7272 44expense insurance, delivered, issued or renewed by agreement between the insurer and the
7373 45policyholder, within or without the Commonwealth, (hereinafter “policy”) shall provide benefits
7474 46for residents of the Commonwealth and all group members having a principal place of
7575 47employment within the Commonwealth coverage for pain control methods during interuterine
7676 48device insertion, including but not limited to intravenous sedation, oral sedation, nitrous oxide,
7777 49local anesthesia, or topical anesthesia as prescribed by a provider, acting within their scope of
7878 50practice.
7979 51 (l) (1) Coverage provided under subsection (k) shall not be subject to any deductible,
8080 52coinsurance, copayment or any other cost-sharing requirement, except as provided for in
8181 53subclauses (A) and (B) of clause (i) of subsection (d) or as otherwise required under federal law. 4 of 8
8282 54Coverage offered under said subsection (d) shall not impose unreasonable restrictions or delays
8383 55in the coverage, in accordance with the requirements of chapter 176O; provided, however, that
8484 56reasonable medical management techniques may be applied to coverage within a method
8585 57category, as defined by the FDA, but not across types of methods.
8686 58 (2) Benefits for an enrollee shall be the same for such enrollee’s covered spouse and
8787 59covered dependents.
8888 60 (m) A policy of accident and sickness insurance that is purchased by an employer that is a
8989 61church or qualified church-controlled organization shall be exempt from subsection (k) at the
9090 62request of the employer.
9191 63 (n) The commissioner of insurance shall ensure that plans issued under subsection (k)
9292 64comply with this chapter.
9393 65 (o) For purposes of this section, the definitions in subsection (j) apply.
9494 66 SECTION 4. Chapter 176A of the General Laws, as appearing in the 2022 official
9595 67edition, is hereby amended by inserting after section 8W(j) the following subsections:
9696 68 (k) Any contract between a subscriber and the corporation under an individual or group
9797 69hospital service plan that is delivered, issued or renewed within or without the Commonwealth
9898 70and that provides benefits for outpatient services shall provide to all individual subscribers and
9999 71members within the Commonwealth and to all group members having a principal place of
100100 72employment within the Commonwealth coverage for pain control methods during interuterine
101101 73device insertion, including but not limited to intravenous sedation, oral sedation, nitrous oxide, 5 of 8
102102 74local anesthesia, or topical anesthesia as prescribed by a provider, acting within their scope of
103103 75practice.
104104 76 (l) Coverage provided under subsection (k) shall not be subject to any deductible,
105105 77coinsurance, copayment or any cost-sharing requirement except as provided for in subclauses
106106 78(A) and (B) of clause (i) of subsection (d) or as otherwise required under federal law. Coverage
107107 79offered under subsection (k) shall not impose any unreasonable restriction or delay in the
108108 80coverage, in accordance with the requirements of chapter 176O; provided, however, that
109109 81reasonable medical management techniques may be applied to coverage within a method
110110 82category, as defined by the FDA, but not across types of methods.
111111 83 (m) (1) The requirements of subsection (k) shall not apply to a contract between a
112112 84subscriber and a corporation under an individual or group hospital service plan that is delivered,
113113 85issued, or renewed within or without the Commonwealth that is purchased by an employer that is
114114 86a church or qualified church-controlled organization.
115115 87 (2) A church or qualified church-controlled organization that invokes the exemption
116116 88provided under subsection (m)(1) shall provide written notice to prospective enrollees prior to
117117 89enrollment with the plan, listing the contraceptive health care methods and services such
118118 90employer refuses to cover for religious reasons.
119119 91 (n) Nothing in this subsection shall be construed to deny or restrict in any way the
120120 92division of insurance’s authority to ensure contract compliance with this chapter.
121121 93 (o) For purposes of this section, the definitions set forth in section (j) of this Chapter shall
122122 94apply, unless the context clearly requires otherwise. 6 of 8
123123 95 SECTION 5. Chapter 176B of the General Laws, as appearing in the 2022 official
124124 96edition, is hereby amended by inserting after section 4W(j) the following subsections:
125125 97 (k) Any subscription certificate under an individual or group medical service agreement
126126 98that is delivered, issued or renewed within or without the Commonwealth and that provides
127127 99benefits for outpatient services shall provide to all individual subscribers and members within the
128128 100Commonwealth and to all group members having a principal place of employment within the
129129 101Commonwealth coverage for all of the following services and contraceptive methods for pain
130130 102control methods during intrauterine device insertion, including but not limited to intravenous
131131 103sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as prescribed by a
132132 104provider, acting within their scope of practice.
133133 105 (l) (1) A medical service agreement subject to subsection (k) shall not impose a
134134 106deductible, coinsurance, copayment or any other cost-sharing requirement on the coverage
135135 107provided.
136136 108 (2) Benefits for an enrollee under this subsection shall be the same for such enrollee’s
137137 109covered spouse and covered dependents.
138138 110 (m) (1) The requirements of this subsection shall not apply to a medical service
139139 111agreement that is delivered, issued, or renewed within or without the Commonwealth that is
140140 112purchased by an employer that is a church or qualified church-controlled organization.
141141 113 (2) A church or qualified church-controlled organization that invokes the exemption
142142 114provided under subsection (m)(1) shall provide written notice to prospective enrollees prior to
143143 115enrollment with the plan, listing the contraceptive health care methods and services the employer
144144 116refuses to cover for religious reasons. 7 of 8
145145 117 (n) Nothing in this subsection shall be construed to deny or restrict in any way the
146146 118division of insurance’s authority to ensure medical service agreement compliance with this
147147 119chapter.
148148 120 (o) For purposes of this section, the definitions set forth in subsection (j) shall apply,
149149 121unless the context clearly requires otherwise.
150150 122 SECTION 6. Chapter 176G of the General Laws, as appearing in the 2022 official
151151 123edition, is hereby amended by inserting after section 4O(c) the following subsections:
152152 124 (d) Any individual or group health maintenance contract that is issued, renewed or
153153 125delivered within or without the Commonwealth and that provides benefits for outpatient
154154 126prescription drugs or devices shall provide to residents of the Commonwealth and to persons
155155 127having a principal place of employment within the Commonwealth coverage for pain control
156156 128methods during intrauterine device insertion, including but not limited to intravenous sedation,
157157 129oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as prescribed by a provider,
158158 130acting within their scope of practice.
159159 131 (e) (1) Coverage provided under subsection (d) shall not be subject to any deductible,
160160 132coinsurance, copayment or any other cost-sharing requirement except as provided for in
161161 133subclauses (A) and (B) of clause (i) of subsection (d) or otherwise as required under federal law.
162162 134Coverage offered under said subsection (d) shall not impose unreasonable restrictions or delays
163163 135in the coverage, in accordance with the requirements of chapter 176O; provided, however, that
164164 136reasonable medical management techniques may be applied to coverage within a method
165165 137category, as defined by the FDA, but not across types of methods. 8 of 8
166166 138 (2) Benefits for an enrollee under this section shall be the same for such enrollee’s
167167 139covered spouse and covered dependents.
168168 140 (f) (1) The requirements of this subsection shall not apply to a health maintenance
169169 141contract if that policy is purchased by an employer that is a church or qualified church-controlled
170170 142organization.
171171 143 (2) A church or qualified church-controlled organization that invokes the exemption
172172 144provided under subsection (f)(1) shall provide written notice to prospective enrollees prior to
173173 145enrollment with the plan, listing the contraceptive health care services the employer refuses to
174174 146cover for religious reasons.
175175 147 (g) Nothing in this subsection shall be construed to deny or restrict in any way the
176176 148division of insurance’s authority to ensure health maintenance contract compliance with this
177177 149chapter.
178178 150 (h) For purposes of this section, the definitions in subjection (j) shall apply, unless the
179179 151context clearly requires otherwise.
180180 152 SECTION 7. Sections 1 through 6 of this act shall apply to all policies, contracts and
181181 153certificates of health insurance subject to chapters 32A, chapter 118E, chapter 175, chapter
182182 154176A, chapter 176B, and chapter 176G which are delivered, issued or renewed on or after
183183 155September 1, 2026.