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HOUSE DOCKET, NO. 1818 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1342
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Tommy Vitolo
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to parental choice for medically fragile students.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tommy Vitolo15th Norfolk1/15/2025 1 of 3
HOUSE DOCKET, NO. 1818 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1342
By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 1342) of
Tommy Vitolo relative to health insurance coverage for certain medically fragile students.
Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1159 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to parental choice for medically fragile students.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the
2following section:-
3 Section 33. The commission shall provide to an active or retired employee of the
4commonwealth who is insured under the group insurance commission benefits on a
5nondiscriminatory basis for the medically necessary treatment for disease, illness, injury or
6bodily dysfunction which are required by a student’s individual education program,
7individualized family service plan, individualized service plan or the federal Individuals with
8Disabilities Education Improvement Act. 2 of 3
9 SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after
10section 47TT the following section:-
11 Section 47UU. An individual policy of accident and sickness insurance issued under
12section 108 that provides hospital expense and surgical expense insurance and any group blanket
13or general policy of accident and sickness insurance issued under section 110 that provides
14hospital expense and surgical expense insurance, which is issued or renewed within or without
15the commonwealth, shall provide benefits on a nondiscriminatory basis for the medically
16necessary treatment for disease, illness, injury or bodily dysfunction which are required by a
17student’s individual education program, individualized family service plan, individualized
18service plan or the federal Individuals with Disabilities Education Improvement Act.
19 SECTION 3. Chapter 176A of the General Laws is hereby amended by inserting after
20section 8UU the following section:-
21 Section 8VV. A contract between a subscriber and the corporation under an individual or
22group hospital service plan which is issued or renewed within or without the commonwealth
23shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for
24disease, illness, injury or bodily dysfunction which are required by a student’s individual
25education program, individualized family service plan, individualized service plan or the federal
26Individuals with Disabilities Education Improvement Act.
27 SECTION 4. Chapter 176B of the General Laws is hereby amended by inserting after
28section 4OO the following section:-
29 Section 4PP. A subscription certificate under an individual or group medical service
30agreement which is issued or renewed within or without the commonwealth shall provide 3 of 3
31benefits on a nondiscriminatory basis for the medically necessary treatment for disease, illness,
32injury, or bodily dysfunction which are required by a student’s individual education program,
33individualized family service plan, individualized service plan or the federal Individuals with
34Disabilities Education Improvement Act.
35 SECTION 5. Chapter 176G of the General Laws is hereby amended by inserting after
36section 4GG the following section:-
37 Section 4HH. A health maintenance contract issued or renewed within or without the
38commonwealth shall provide benefits on a nondiscriminatory basis for the medically necessary
39treatment for disease, illness, injury or bodily dysfunction which are required by a student’s
40individual education program, individualized family service plan, individualized service plan or
41the federal Individuals with Disabilities Education Improvement Act.
42 SECTION 6. All policies, contracts and certificates of health insurance subject to section
4333 of chapter 32A, section 47UU of chapter 175, section 8VV of chapter 176A, section 4PP of
44chapter 176B, and section 4HH of chapter 176G of the General Laws which are delivered, issued
45or renewed on or after January 1, 2015 shall conform with the provisions of this act. Form filings
46implementing this act shall be subject to the approval of the commissioner of insurance.
47 SECTION 8. This act shall take effect on January 1, 2024.