Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S698 Compare Versions

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22 SENATE DOCKET, NO. 1704 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 698
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Brendan P. Crighton
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to consumer deductibles.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexDylan A. FernandesPlymouth and Barnstable2/28/2025 1 of 3
1616 SENATE DOCKET, NO. 1704 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 698
1818 By Mr. Crighton, a petition (accompanied by bill, Senate, No. 698) of Brendan P. Crighton and
1919 Dylan A. Fernandes for legislation relative to consumer deductibles. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 609 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act relative to consumer deductibles.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 Chapter 176O of the General Laws, as appearing in the 2022 Official Edition, is hereby
3131 2amended by inserting after section 27 the following section:-
3232 3 Section 28. (a) In this Section, the following terms shall have the following meanings:
3333 4 “Insurer” means any health insurance issuer that is subject to state law regulating
3434 5insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state
3535 6or local governmental employer plan.
3636 7 “Cost sharing requirement” means any copayment, coinsurance, deductible, or annual
3737 8limitation on cost sharing (including but not limited to a limitation subject to 42 U.S.C. §§
3838 918022(c) and 300gg-6(b)), required by or on behalf of an enrollee in order to receive a specific
3939 10health care service, including a prescription drug, covered by a health plan. 2 of 3
4040 11 “Enrollee” means any individual entitled to health care services from an insurer.
4141 12 “Health plan” means a policy, contract, certification, or agreement offered or issued by an
4242 13insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care
4343 14services.
4444 15 “Health care service” means an item or service furnished to any individual for the
4545 16purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability.
4646 17 “Person” means a natural person, corporation, mutual company, unincorporated
4747 18association, partnership, joint venture, limited liability company, trust, estate, foundation, not-
4848 19for-profit corporation, unincorporated organization, government or governmental subdivision or
4949 20agency.
5050 21 (b) When calculating an enrollee’s contribution to any applicable cost sharing
5151 22requirement, an insurer shall include any cost sharing amounts paid by the enrollee or on behalf
5252 23of the enrollee by another person. Any cost sharing or reductions made for an enrollee’s benefit
5353 24or towards an enrollee’s applicable cost sharing requirement shall be applied in full at the time it
5454 25is rendered and wholly towards the enrollee’s out-of-pocket costs, deductible, cost sharing or
5555 26similar enrollee obligation.
5656 27 (c) When calculating an enrollee’s contribution to the annual limitation on cost sharing
5757 28set forth in 42 U.S.C. §§ 18022(c) and 300gg-6(b), an insurer shall include expenditures for any
5858 29health care service covered by the enrollee’s health plan and included within a category of
5959 30essential health benefits as described in 42 U.S.C. § 18022(b)(1). 3 of 3
6060 31 This section shall apply with respect to health plans that are entered into, amended,
6161 32extended, or renewed on or after January 1, 2026.
6262 33 The Commission may promulgate such rules and regulations as it may deem necessary to
6363 34implement this section.