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| 2 | 2 | | SENATE DOCKET, NO. 2264 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 258 |
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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 | | Paul W. Mark |
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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 protecting the privacy of social care information. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and |
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| 16 | 16 | | Hampshire 1 of 3 |
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| 17 | 17 | | SENATE DOCKET, NO. 2264 FILED ON: 1/17/2025 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 258 |
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| 19 | 19 | | By Mr. Mark, a petition (accompanied by bill, Senate, No. 258) of Paul W. Mark for legislation |
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| 20 | 20 | | to protect the privacy of individuals’ social care information. Consumer Protection and |
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| 21 | 21 | | Professional Licensure. |
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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 protecting the privacy of social care information. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby |
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| 31 | 31 | | 2amended by inserting after chapter 93L the following chapter: |
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| 32 | 32 | | 3 CHAPTER 93M. Protection and Privacy of Social Care Information |
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| 33 | 33 | | 4 SECTION 2. Definitions |
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| 34 | 34 | | 5 “Closed-Loop Referral System” or “CLRS” means any system that stores the social care |
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| 35 | 35 | | 6information of one or more individuals; enables the sharing of social care information with and |
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| 36 | 36 | | 7between participating entities for the purpose of referring individuals for social care; and is |
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| 37 | 37 | | 8capable of updating or showing updated referral activity, including data related to participating |
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| 38 | 38 | | 9organizations completing referrals. |
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| 39 | 39 | | 10 “Participating organization” means any entity that has the ability to create, receive, or |
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| 40 | 40 | | 11update referrals, or other social care information in a CLRS, including, but not limited to, 2 of 3 |
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| 41 | 41 | | 12healthcare providers, health plans, public agencies, charitable and nonprofit organizations, CLRS |
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| 42 | 42 | | 13technology vendors, and entities that provide social care. |
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| 43 | 43 | | 14 “Social care” means care, services, goods, or supplies related to an individual’s social |
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| 44 | 44 | | 15needs. “Social care” includes, but is not limited to, support and assistance for an individual’s |
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| 45 | 45 | | 16food stability and nutritional needs, housing, transportation, economic stability, employment, |
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| 46 | 46 | | 17education access and quality, child care and family relationship needs, and environmental and |
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| 47 | 47 | | 18physical safety. |
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| 48 | 48 | | 19 “Social care information” means any information that relates to the need for, payment |
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| 49 | 49 | | 20for, or provision of social care, and identifies the person receiving social care, or for which there |
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| 50 | 50 | | 21is a reasonable basis to believe the information can be used to identify the individual receiving |
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| 51 | 51 | | 22social care. |
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| 52 | 52 | | 23 SECTION 3. |
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| 53 | 53 | | 24 (a) In a manner that is consistent with federal and State law, a participating organization |
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| 54 | 54 | | 25shall not sell or license social care information that is stored in or transmitted through a closed- |
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| 55 | 55 | | 26loop referral system. |
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| 56 | 56 | | 27 (b) In a manner that is consistent with federal and State law, social care information |
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| 57 | 57 | | 28stored in or transmitted through a closed-loop referral system shall not be used for any purpose |
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| 58 | 58 | | 29other than the purpose for which that information was collected or generated. |
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| 59 | 59 | | 30 (c) A participating organization that sells, offers for sale, licenses, or otherwise furnishes, |
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| 60 | 60 | | 31provides, or transmits to any other individual or entity social care information in violation of this |
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| 61 | 61 | | 32section shall be liable to a civil penalty of $1,000 for each violation. 3 of 3 |
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| 62 | 62 | | 33 (d) A civil penalty assessed pursuant to this section shall be collected and enforced by the |
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| 63 | 63 | | 34attorney general. |
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| 64 | 64 | | 35 SECTION 4. Implementation |
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| 65 | 65 | | 36 The attorney general may adopt, amend, or repeal rules and regulations as shall be |
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| 66 | 66 | | 37necessary for the implementation, administration, and enforcement of this chapter. |
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| 67 | 67 | | 38 SECTION 5. Effective Date |
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| 68 | 68 | | 39 This act shall take effect 90 days following the date of enactment. |
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