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| 2 | 2 | | HOUSE DOCKET, NO. 1372 FILED ON: 1/14/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2436 |
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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 | | Homar Gómez |
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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 to eliminate fees for the removal of a child’s body by the Office of the Chief Medical |
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| 13 | 13 | | Examiner. |
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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:Homar Gómez2nd Hampshire1/14/2025 1 of 3 |
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| 17 | 17 | | HOUSE DOCKET, NO. 1372 FILED ON: 1/14/2025 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2436 |
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| 19 | 19 | | By Representative Gómez of Easthampton, a petition (accompanied by bill, House, No. 2436) of |
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| 20 | 20 | | Homar Gómez for legislation to eliminate fees for the removal of a child’s body by the Office of |
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| 21 | 21 | | the Chief Medical Examiner. Public Health. |
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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 to eliminate fees for the removal of a child’s body by the Office of the Chief Medical |
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| 28 | 28 | | Examiner. |
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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: Title This Act shall be known as "The Benson Bill". |
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| 32 | 32 | | 2 Section 2: Purpose The purpose of this Act is to eliminate the financial burden placed on |
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| 33 | 33 | | 3grieving families for the removal and handling of a deceased child’s body by the Office of the |
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| 34 | 34 | | 4Chief Medical Examiner (OCME). Recognizing the profound emotional toll of losing a child, the |
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| 35 | 35 | | 5Commonwealth of Massachusetts seeks to ensure compassion and support for families during |
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| 36 | 36 | | 6this difficult time. |
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| 37 | 37 | | 7 Section 3: Definitions |
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| 38 | 38 | | 8 1. Child: For the purposes of this Act, a "child" shall be defined by a reportable fetal |
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| 39 | 39 | | 9death , as defined by MGL Part 1 Title XVI Chapter 111, to the age of 60 months. 2 of 3 |
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| 40 | 40 | | 10 2. Medical Examiner Charges: Any fees assessed by the OCME related to the |
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| 41 | 41 | | 11transportation, removal, or handling of a deceased child’s body. Including and not limited to |
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| 42 | 42 | | 12cremation fees for viewing. |
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| 43 | 43 | | 13 Section 4: Prohibition of Fees |
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| 44 | 44 | | 14 1. Effective immediately upon enactment, the OCME is prohibited from imposing |
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| 45 | 45 | | 15any fees or charges on families for the removal, transportation, or handling of a deceased child’s |
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| 46 | 46 | | 16body. |
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| 47 | 47 | | 17 2. Any existing statutory or regulatory provisions allowing for such fees shall be |
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| 48 | 48 | | 18deemed null and void as they pertain to deceased children. |
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| 49 | 49 | | 19 Section 5: Budgetary Adjustments |
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| 50 | 50 | | 20 1. The Commonwealth of Massachusetts shall allocate sufficient funding to the |
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| 51 | 51 | | 21OCME to offset the revenue impact of eliminating these fees. |
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| 52 | 52 | | 22 2. The OCME shall submit an annual report to the Legislature detailing: |
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| 53 | 53 | | 23 a. The total number of child cases handled by the office. |
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| 54 | 54 | | 24 b. The associated costs absorbed by the office due to this Act. |
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| 55 | 55 | | 25 c. Any recommendations for additional funding if necessary. |
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| 56 | 56 | | 26 Section 6: Severability If any provision of this Act or its application is held to be invalid, |
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| 57 | 57 | | 27that invalidity shall not affect other provisions or applications of the Act which can be given |
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| 58 | 58 | | 28effect without the invalid provision or application, and to this end, the provisions of this Act are |
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| 59 | 59 | | 29severable. 3 of 3 |
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| 60 | 60 | | 30 Section 7: Effective Date This Act shall take effect 90 days after its passage. |
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| 61 | 61 | | 31 Legislative Declaration The Commonwealth recognizes that the loss of a child is an |
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| 62 | 62 | | 32unimaginable tragedy, and families should be afforded dignity and support during such times. By |
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| 63 | 63 | | 33removing these fees, Massachusetts reaffirms its commitment to the well-being and compassion |
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| 64 | 64 | | 34of its residents. |
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