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SENATE DOCKET, NO. 1490 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 262
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark C. Montigny
_________________
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 to protect life-saving electronic health records from reckless corporate greed and
corruption.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3
SENATE DOCKET, NO. 1490 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 262
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 262) of Mark C. Montigny for
legislation to protect life-saving electronic health records from reckless corporate greed and
corruption. Consumer Protection and Professional Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 193 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 to protect life-saving electronic health records from reckless corporate greed and
corruption.
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. Section 16 of chapter 6D of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting at the end of subsection (a) the following
3clause:-
4 (9) assist consumers with questions or concerns relating to electronic health information
5accessibility requirements established by section 7 of chapter 118I, and record and submit
6reported violations of said section to the executive office of health and human services, the
7attorney general, and the Office of the National Coordinator, as defined in section 1 of chapter
8118I. 2 of 3
9 SECTION 2. Section 7 of chapter 118I of the General Laws, as so appearing, is hereby
10amended by inserting at the end thereof the following paragraph:-
11 In order to ensure the seamless and secure access, exchange, and use of electronic health
12information, all providers in the commonwealth shall comply with the requirements imposed by
13the 21st Century Cures Act of 2016, P.L. 114-255, including, but not limited to, interoperability,
14patient access through application programming interfaces, and prohibitions on information
15blocking to health information technology developers, health information exchanges, health
16information networks, and health care providers. The executive office, in consultation with the
17commission, shall develop a standardized written notification form for providers to give to
18patients, informing patients of their rights and obligations as it pertains to their electronic health
19information and accessibility per federal and state law. Said notification forms may be provided
20electronically to patients and shall inform said patients on how to report violations of electronic
21health information access to the office of patient protection, established under section 16 of
22chapter 6D.
23 The executive office of health and human services shall promulgate regulations to
24prohibit the collection, capture, purchase, or transfer of electronic health information by third
25party application programming interfaces without the express written consent of the patient.
26Said written consent may be obtained by electronic means in a conspicuous and easy to read
27format. Said regulations shall prohibit third party application programming interfaces from
28disclosing, redisclosing, disseminating, selling, leasing, trading, or otherwise profiting from a
29patient’s electronic health information unless it is to provide direct data access to the patient with
30their express written consent. 3 of 3
31 A violation of this section is punishable by a fine in accordance with section 8 of this
32chapter and shall constitute an unfair or deceptive act in violation of chapter 93A.
33 SECTION 3. Section 8 of said chapter 118I is hereby amended by inserting after the
34words “section 7” in the first sentence the following:- “; provided that violations involving
35patient access to electronic health information, as reported by the commission’s office of patient
36protection, shall be no less than $1,000 per day per violation”
37 SECTION 4. This act shall take effect immediately upon its passage.