Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S704 Compare Versions

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22 SENATE DOCKET, NO. 694 FILED ON: 1/14/2025
33 SENATE . . . . . . . . . . . . . . No. 704
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John J. Cronin
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 the use of virtual credit cards by dental insurance providers.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :John J. CroninWorcester and MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester1/28/2025Meghan K. Kilcoyne12th Worcester1/28/2025Jason M. LewisFifth Middlesex3/5/2025 1 of 3
1616 SENATE DOCKET, NO. 694 FILED ON: 1/14/2025
1717 SENATE . . . . . . . . . . . . . . No. 704
1818 By Mr. Cronin, a petition (accompanied by bill, Senate, No. 704) of John J. Cronin, Joanne M.
1919 Comerford, Meghan K. Kilcoyne and Jason M. Lewis for legislation relative to the use of virtual
2020 credit cards by dental insurance providers. Financial Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act relative to the use of virtual credit cards by dental insurance providers.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 Chapter 140D of the General Laws as most recently appearing amended by inserting after
3030 2section 28 the following sections:-
3131 3 Section 29: A contract between a dental insurer and a dental care provider to provide
3232 4dental care services to the insurer's enrollees may not restrict the method of payment from the
3333 5dental insurer to the dental care provider in which the only acceptable payment method is a credit
3434 6card payment, and if a dental insurer initiates said payment via credit card, it may only be with
3535 7the approved consent of the dental care provider.
3636 8 If said dental care provider elects not to accept a method of payment, that decision will
3737 9remain in effect until the dental care provider elects to receive a different method of payment or
3838 10until a new contract is executed.
3939 11 Furthermore, if the dental care provider accepts the use of electronic funds transfer
4040 12payments, including virtual credit card payments, the dental insurer shall do the following: 2 of 3
4141 13 1. Notify the dental care provider if any fee is associated with a particular payment
4242 14method.
4343 15 2. Advise the dental care provider of the available methods of payment and provide clear
4444 16instructions to the dental care provider as to how to select an alternative payment method.
4545 17 3. Remit or associate with each payment the explanation of benefits.
4646 18 A dental insurer that initiates or changes payment to a dental care provider using the
4747 19dental care electronic funds transfers and a remittance advice transaction pursuant to 45 Code of
4848 20Federal Regulations sections 162.1601 and 162.1602 may not charge a fee solely to transmit the
4949 21payment to a dental care provider unless the dental care provider has consented to the fee. A
5050 22dental care provider agent may charge reasonable fees when transmitting an electronic funds
5151 23transfer or automatic clearing house related to transaction management, data management, portal
5252 24services and other value-added services above and beyond the bank transmittal.
5353 25 For the purposes of this section:
5454 26 1. "Electronic funds transfer payment" means a payment by any method of electronic
5555 27funds transfer other than a standard dental care electronic funds transfers and remittance advice
5656 28transaction pursuant to 45 Code of Federal Regulations sections 162.1601 and 162.1602.
5757 29 2. "Dental care provider" means a person who is licensed, registered or certified as a
5858 30dental care professional under Chapter 112 of the Massachusetts General Laws or a laboratory or
5959 31durable medical equipment provider that furnishes services to an enrollee and that separately
6060 32bills the enrollee for the services. 3 of 3
6161 33 3. "Dental care provider agent" means a person or entity that contracts with a dental care
6262 34provider establishing an agency relationship to process bills for services provided by the dental
6363 35care provider under the terms and conditions of a contract between the agent and dental care
6464 36provider, which may allow the agent to submit bills, request reconsideration, and receive
6565 37reimbursement.
6666 38 4. "Dental insurer" means a disability insurer, group disability insurer, blanket disability
6767 39insurer, dental care services organization, hospital service corporation, medical service
6868 40corporation or hospital, medical, dental and optometric service corporation and includes the
6969 41dental insurer's designee.