Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H202 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1255 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 202
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber and Sean Garballey
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to close the achievement gap by addressing disparities in children's vision.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/14/2025Sean Garballey23rd Middlesex1/30/2025Paul J. Donato35th Middlesex2/3/2025Carmine Lawrence Gentile13th Middlesex2/15/2025Patrick Joseph Kearney4th Plymouth1/31/2025Mary S. Keefe15th Worcester3/4/2025Jason M. LewisFifth Middlesex2/18/2025Bud L. Williams11th Hampden2/11/2025 1 of 5
16	16	HOUSE DOCKET, NO. 1255 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 202
18	18	By Representatives Barber of Somerville and Garballey of Arlington, a petition (accompanied by
19	19	bill, House, No. 202) of Christine P. Barber, Sean Garballey and others for legislation to
20	20	establish a children’s vision and eye health advisory council. Children, Families and Persons
21	21	with Disabilities.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 2132 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to close the achievement gap by addressing disparities in children's vision.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 57 of chapter 71, as appearing in the 2022 Official Edition, is
33	33	2hereby amended by striking out, in line 4, the words “the individual request of a parent or
34	34	3guardian of a pupil in”.
35	35	4 SECTION 2. Said section 57 of said chapter 71, as so appearing, is hereby further
36	36	5amended by inserting after the word “entering”, in line 27, the following words:- “preschool or”.
37	37	6 SECTION 3. Said section 57 of said chapter 71, as so appearing, is hereby further
38	38	7amended by striking out the second paragraph. 2 of 5
39	39	8 SECTION 4. Said section 57 of said chapter 71, as so appearing, is hereby further
40	40	9amended by inserting, in line 52, after the word “personnel”, the following words:- “and the
41	41	10children’s vision registry established in section 38A of chapter 69.”
42	42	11 SECTION 5. Chapter 69 of the General Law, as so appearing, is hereby amended by
43	43	12adding after section 37 the following section:-
44	44	13 Section 38. There shall be a children’s vision and eye health advisory council within the
45	45	14department.
46	46	15 The council shall be appointed by the commissioner, who shall serve as chair, and shall
47	47	16consist of 13 additional members, including the commissioner of the Department of Public
48	48	17Health, or a designee; the Commissioner of Early Education and Care, or a designee; the
49	49	18Assistant Secretary for MassHealth, or a designee; 1 member of the Massachusetts School Nurse
50	50	19Organization; 1 member of the Massachusetts Society of Optometrists; 1 member of the
51	51	20Massachusetts Society of Eye Physicians and Surgeons; 1 member of the Massachusetts Chapter
52	52	21of the American Academy of Pediatrics; 1 member of the Massachusetts Academy of Family
53	53	22Physicians; 1 representative from the Massachusetts League of Community Health Centers; 1
54	54	23member of the Massachusetts Federation for Children with Special Needs; 1 member of the
55	55	24Children’s Vision Massachusetts Coalition; 3 parents to be appointed by the commissioner, one
56	56	25of whom shall be a recipient of MassHealth, and one of whom shall reside in a gateway city. The
57	57	26commissioner may appoint additional members that the commissioner deems appropriate.
58	58	27 Council members shall receive no compensation for their services but shall be allowed
59	59	28actual and necessary expenses in the performance of their council duties. 3 of 5
60	60	29 The council shall consult with and advise the department on matters related to the
61	61	30establishment, maintenance, operation and evaluation of children’s vision and eye health in the
62	62	31Commonwealth, including but not limited to the universal children’s vision surveillance registry,
63	63	32public health campaigns designed to encourage improved children’s eye health, and expansion of
64	64	33screening systems to other age groups. The council shall establish recommendations for
65	65	34improved children’s vision and eye health to facilitate short and long-term vision and eye health
66	66	35goals.
67	67	36 The advisory council shall report findings and recommendations annually to the Joint
68	68	37Committee on Public Health and Joint Committee on Ways and Means.
69	69	38 SECTION 6. Chapter 69 of the General Laws, as so appearing, is further amended by
70	70	39adding after section 38 the following section:-
71	71	40 Section 38A. The department shall establish, maintain, and operate a computerized
72	72	41registry of children’s vision screening and eye care. The registry shall record the results of vision
73	73	42and eye health screenings and follow-up eye care and shall include appropriate controls to
74	74	43protect the security of the system and the privacy of the information.
75	75	44 The department shall promulgate rules and regulations to implement children’s vision
76	76	45registry.
77	77	46 All licensed healthcare providers practicing who administer vision and eye health
78	78	47screenings and eye exams shall report to the registry such data related to screenings as the
79	79	48department determines is necessary to ensure adequate and equitable eye care. 4 of 5
80	80	49 Information in the registry shall only be released from the registry to the following
81	81	50individuals and agencies without further express consent of the individual or the individual’s
82	82	51parent or guardian if the individual is a minor, unless the individual or the parent or guardian
83	83	52objects to such disclosure: (1) licensed health care providers providing direct care to the
84	84	53individual patient; (2) preschool, elementary and secondary school nurses; (3) staff of state
85	85	54agencies or state programs whose duties include education and outreach related to the
86	86	55improvement of children’s eye care amongst their clients.
87	87	56 The department may designate appropriate users who shall have access only to the
88	88	57individually identifiable information for which access is authorized. Authorized users, including
89	89	58employees of the department, who in good faith disclose or refuse to disclose information to the
90	90	59immunization registry, shall not be liable in any cause of action arising from the disclosure or
91	91	60nondisclosure of such information. The department may revoke access privileges for just cause.
92	92	61 Persons authorized by the commissioner may conduct research studies to further enhance
93	93	62understanding of children’s vision needs in the Commonwealth; provided, however, that the
94	94	63researcher shall submit a written request for information and shall execute a research agreement
95	95	64that protects the confidentiality of the information provided.
96	96	65 Information contained in the children’s vision registry shall be confidential, shall not
97	97	66constitute a public record, and shall not otherwise be disclosed, except in accordance with this
98	98	67section. Such confidential information shall not be subject to subpoena or court order and shall
99	99	68not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or
100	100	69person. 5 of 5
101	101	70 The department shall establish procedures that allow for an individual, or if the individual
102	102	71is a minor, then the individual’s parent or guardian to amend incorrect information in the
103	103	72children’s vision registry and shall provide, upon request, a record of all individuals and agencies
104	104	73that have accessed an individual’s information.