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2 | 2 | | SENATE DOCKET, NO. 694 FILED ON: 1/14/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 704 |
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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 | | John J. Cronin |
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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 relative to the use of virtual credit cards by dental insurance providers. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | SENATE DOCKET, NO. 694 FILED ON: 1/14/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 704 |
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18 | 18 | | By Mr. Cronin, a petition (accompanied by bill, Senate, No. 704) of John J. Cronin, Joanne M. |
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19 | 19 | | Comerford, Meghan K. Kilcoyne and Jason M. Lewis for legislation relative to the use of virtual |
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20 | 20 | | credit cards by dental insurance providers. Financial Services. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to the use of virtual credit cards by dental insurance providers. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 Chapter 140D of the General Laws as most recently appearing amended by inserting after |
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30 | 30 | | 2section 28 the following sections:- |
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31 | 31 | | 3 Section 29: A contract between a dental insurer and a dental care provider to provide |
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32 | 32 | | 4dental care services to the insurer's enrollees may not restrict the method of payment from the |
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33 | 33 | | 5dental insurer to the dental care provider in which the only acceptable payment method is a credit |
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34 | 34 | | 6card payment, and if a dental insurer initiates said payment via credit card, it may only be with |
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35 | 35 | | 7the approved consent of the dental care provider. |
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36 | 36 | | 8 If said dental care provider elects not to accept a method of payment, that decision will |
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37 | 37 | | 9remain in effect until the dental care provider elects to receive a different method of payment or |
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38 | 38 | | 10until a new contract is executed. |
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39 | 39 | | 11 Furthermore, if the dental care provider accepts the use of electronic funds transfer |
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40 | 40 | | 12payments, including virtual credit card payments, the dental insurer shall do the following: 2 of 3 |
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41 | 41 | | 13 1. Notify the dental care provider if any fee is associated with a particular payment |
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42 | 42 | | 14method. |
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43 | 43 | | 15 2. Advise the dental care provider of the available methods of payment and provide clear |
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44 | 44 | | 16instructions to the dental care provider as to how to select an alternative payment method. |
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45 | 45 | | 17 3. Remit or associate with each payment the explanation of benefits. |
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46 | 46 | | 18 A dental insurer that initiates or changes payment to a dental care provider using the |
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47 | 47 | | 19dental care electronic funds transfers and a remittance advice transaction pursuant to 45 Code of |
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48 | 48 | | 20Federal Regulations sections 162.1601 and 162.1602 may not charge a fee solely to transmit the |
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49 | 49 | | 21payment to a dental care provider unless the dental care provider has consented to the fee. A |
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50 | 50 | | 22dental care provider agent may charge reasonable fees when transmitting an electronic funds |
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51 | 51 | | 23transfer or automatic clearing house related to transaction management, data management, portal |
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52 | 52 | | 24services and other value-added services above and beyond the bank transmittal. |
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53 | 53 | | 25 For the purposes of this section: |
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54 | 54 | | 26 1. "Electronic funds transfer payment" means a payment by any method of electronic |
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55 | 55 | | 27funds transfer other than a standard dental care electronic funds transfers and remittance advice |
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56 | 56 | | 28transaction pursuant to 45 Code of Federal Regulations sections 162.1601 and 162.1602. |
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57 | 57 | | 29 2. "Dental care provider" means a person who is licensed, registered or certified as a |
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58 | 58 | | 30dental care professional under Chapter 112 of the Massachusetts General Laws or a laboratory or |
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59 | 59 | | 31durable medical equipment provider that furnishes services to an enrollee and that separately |
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60 | 60 | | 32bills the enrollee for the services. 3 of 3 |
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61 | 61 | | 33 3. "Dental care provider agent" means a person or entity that contracts with a dental care |
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62 | 62 | | 34provider establishing an agency relationship to process bills for services provided by the dental |
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63 | 63 | | 35care provider under the terms and conditions of a contract between the agent and dental care |
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64 | 64 | | 36provider, which may allow the agent to submit bills, request reconsideration, and receive |
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65 | 65 | | 37reimbursement. |
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66 | 66 | | 38 4. "Dental insurer" means a disability insurer, group disability insurer, blanket disability |
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67 | 67 | | 39insurer, dental care services organization, hospital service corporation, medical service |
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68 | 68 | | 40corporation or hospital, medical, dental and optometric service corporation and includes the |
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69 | 69 | | 41dental insurer's designee. |
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