1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 1704 FILED ON: 1/16/2025 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 698 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Brendan P. Crighton |
---|
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 relative to consumer deductibles. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexDylan A. FernandesPlymouth and Barnstable2/28/2025 1 of 3 |
---|
16 | 16 | | SENATE DOCKET, NO. 1704 FILED ON: 1/16/2025 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 698 |
---|
18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 698) of Brendan P. Crighton and |
---|
19 | 19 | | Dylan A. Fernandes for legislation relative to consumer deductibles. Financial Services. |
---|
20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
---|
21 | 21 | | SEE SENATE, NO. 609 OF 2023-2024.] |
---|
22 | 22 | | The Commonwealth of Massachusetts |
---|
23 | 23 | | _______________ |
---|
24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
---|
25 | 25 | | (2025-2026) |
---|
26 | 26 | | _______________ |
---|
27 | 27 | | An Act relative to consumer deductibles. |
---|
28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
29 | 29 | | of the same, as follows: |
---|
30 | 30 | | 1 Chapter 176O of the General Laws, as appearing in the 2022 Official Edition, is hereby |
---|
31 | 31 | | 2amended by inserting after section 27 the following section:- |
---|
32 | 32 | | 3 Section 28. (a) In this Section, the following terms shall have the following meanings: |
---|
33 | 33 | | 4 “Insurer” means any health insurance issuer that is subject to state law regulating |
---|
34 | 34 | | 5insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state |
---|
35 | 35 | | 6or local governmental employer plan. |
---|
36 | 36 | | 7 “Cost sharing requirement” means any copayment, coinsurance, deductible, or annual |
---|
37 | 37 | | 8limitation on cost sharing (including but not limited to a limitation subject to 42 U.S.C. §§ |
---|
38 | 38 | | 918022(c) and 300gg-6(b)), required by or on behalf of an enrollee in order to receive a specific |
---|
39 | 39 | | 10health care service, including a prescription drug, covered by a health plan. 2 of 3 |
---|
40 | 40 | | 11 “Enrollee” means any individual entitled to health care services from an insurer. |
---|
41 | 41 | | 12 “Health plan” means a policy, contract, certification, or agreement offered or issued by an |
---|
42 | 42 | | 13insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care |
---|
43 | 43 | | 14services. |
---|
44 | 44 | | 15 “Health care service” means an item or service furnished to any individual for the |
---|
45 | 45 | | 16purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability. |
---|
46 | 46 | | 17 “Person” means a natural person, corporation, mutual company, unincorporated |
---|
47 | 47 | | 18association, partnership, joint venture, limited liability company, trust, estate, foundation, not- |
---|
48 | 48 | | 19for-profit corporation, unincorporated organization, government or governmental subdivision or |
---|
49 | 49 | | 20agency. |
---|
50 | 50 | | 21 (b) When calculating an enrollee’s contribution to any applicable cost sharing |
---|
51 | 51 | | 22requirement, an insurer shall include any cost sharing amounts paid by the enrollee or on behalf |
---|
52 | 52 | | 23of the enrollee by another person. Any cost sharing or reductions made for an enrollee’s benefit |
---|
53 | 53 | | 24or towards an enrollee’s applicable cost sharing requirement shall be applied in full at the time it |
---|
54 | 54 | | 25is rendered and wholly towards the enrollee’s out-of-pocket costs, deductible, cost sharing or |
---|
55 | 55 | | 26similar enrollee obligation. |
---|
56 | 56 | | 27 (c) When calculating an enrollee’s contribution to the annual limitation on cost sharing |
---|
57 | 57 | | 28set forth in 42 U.S.C. §§ 18022(c) and 300gg-6(b), an insurer shall include expenditures for any |
---|
58 | 58 | | 29health care service covered by the enrollee’s health plan and included within a category of |
---|
59 | 59 | | 30essential health benefits as described in 42 U.S.C. § 18022(b)(1). 3 of 3 |
---|
60 | 60 | | 31 This section shall apply with respect to health plans that are entered into, amended, |
---|
61 | 61 | | 32extended, or renewed on or after January 1, 2026. |
---|
62 | 62 | | 33 The Commission may promulgate such rules and regulations as it may deem necessary to |
---|
63 | 63 | | 34implement this section. |
---|