Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S717 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 1685 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 717
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 to strengthen the control of contagious and infectious diseases in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 13
16	16	SENATE DOCKET, NO. 1685 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 717
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 717) of Julian Cyr for legislation to
19	19	strengthen the control of contagious and infectious diseases in the Commonwealth. Financial
20	20	Services.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 595 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to strengthen the control of contagious and infectious diseases in the Commonwealth.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after
32	32	2section 17S the following section:-
33	33	3 Section 17T: (a) As used in this section, the following words shall have the following
34	34	4meanings unless the context clearly requires otherwise:-
35	35	5 “HIV”, human immunodeficiency virus.
36	36	6 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
37	37	7 HIV by the federal Food and Drug Administration, including any ancillary or support
38	38	8health 2 of 13
39	39	9 service determined by the secretary of health and human services that is necessary to: (1)
40	40	10ensure
41	41	11 that such a drug is prescribed or administered to a person who is not infected with HIV
42	42	12and has
43	43	13 no medical contraindications to the use of such a drug; and (2) monitor such a person to
44	44	14ensure
45	45	15 the safe and effective ongoing use of such a drug through: (i) an office visit; (ii)
46	46	16laboratory
47	47	17 testing; (iii) testing for a sexually transmitted infection; (iv) medication self-management
48	48	18and
49	49	19 adherence counseling; (v) or any other health service specified as part of comprehensive
50	50	20HIV
51	51	21 prevention drug services by the United States Department of Health and Human Services,
52	52	22the
53	53	23 United States Centers for Disease Control and Prevention or the United States Preventive
54	54	24Services Task Force, or an equivalent state-authorized body with responsibility to identify health
55	55	25services that are components of comprehensive HIV prevention drug services.
56	56	26 (b) The commission shall provide any coverage for an HIV prevention drug to any active
57	57	27or retired employee of the commonwealth who is insured under the group health insurance
58	58	28commission: (1) without requiring (i) any cost-sharing, including co-payments or co-insurance,
59	59	29or any deductible, and (ii) prior authorization, step therapy or any other protocol that could 3 of 13
60	60	30restrict or delay the dispensing of any HIV prevention drug; and (2) shall not refuse, reject, or
61	61	31deny a prescription for any covered HIV prevention drug on the basis of the type or category of
62	62	32health care practitioner issuing the prescription or the venue or practice setting of the health care
63	63	33practitioner issuing the prescription, as long as the health care practitioner is licensed to prescribe
64	64	34medications.
65	65	35 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
66	66	36section 10Q the following section:-
67	67	37 Section 10R: (a) As used in this section, the following words shall have the following
68	68	38meanings unless the context clearly requires otherwise:-
69	69	39 “HIV”, human immunodeficiency virus.
70	70	40 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
71	71	41 HIV by the federal Food and Drug Administration, including any ancillary or support
72	72	42health
73	73	43 service determined by the secretary of health and human services that is necessary to: (1)
74	74	44ensure
75	75	45 that such a drug is prescribed or administered to a person who is not infected with HIV
76	76	46and has
77	77	47 no medical contraindications to the use of such a drug; and (2) monitor such a person to
78	78	48ensure 4 of 13
79	79	49 the safe and effective ongoing use of such a drug through: (i) an office visit; (ii)
80	80	50laboratory
81	81	51 testing; (iii) testing for a sexually transmitted infection; (iv) medication self-management
82	82	52and
83	83	53 adherence counseling; (v) or any other health service specified as part of comprehensive
84	84	54HIV
85	85	55 prevention drug services by the United States Department of Health and Human Services,
86	86	56the
87	87	57 United States Centers for Disease Control and Prevention or the United States Preventive
88	88	58Services Task Force, or an equivalent state-authorized body with responsibility to identify health
89	89	59services that are components of comprehensive HIV prevention drug services.
90	90	60 (b) The division shall provide coverage for any HIV prevention drug: (1) without
91	91	61requiring (i) any cost-sharing, including co-payments or co-insurance, or any deductible, and (ii)
92	92	62prior authorization, step therapy or any other protocol that could restrict or delay the dispensing
93	93	63of any HIV prevention drug; and (2) shall not refuse, reject, or deny a prescription for any
94	94	64covered HIV prevention drug on the basis of the type or category of health care practitioner
95	95	65issuing the prescription or the venue or practice setting of the health care practitioner issuing the
96	96	66prescription, as long as the health care practitioner is licensed to prescribe medications.
97	97	67 SECTION 3. Chapter 127 of the General Laws is hereby amended by inserting after
98	98	68section 17D the following section:- 5 of 13
99	99	69 Section 17E:- (a) As used in this section, the following words shall have the following
100	100	70meanings, unless the context clearly requires otherwise:-
101	101	71 “HIV”, the human immunodeficiency virus.
102	102	72 “HIV Prevention drug,” any preexposure prophylaxis drug approved for the prevention of
103	103	73HIV by the federal Food and Drug Administration.
104	104	74 (b) The superintendent of each state correctional facility and the administrator of each
105	105	75county correctional facility, as defined in section one of Chapter 125, shall ensure that within
106	106	76reasonable time prior to release each inmate of a state correctional facility, and each inmate of a
107	107	77country correctional facility who has been committed to a term of 30 days or more, and who is
108	108	78negative for HIV infection: (1) be provided information and counseling about HIV prevention
109	109	79drugs to prevent HIV acquisition; (2) with the consent of the inmate, be evaluated for benefit
110	110	80from an HIV prevention drug; (3) for eligible inmates, and with the consent of the inmate, be
111	111	81provided with a supply of an HIV prevention drug prior to release. Such supply of an HIV
112	112	82prevention drug shall at the inmate’s option include the administration immediately prior to
113	113	83release of the longest duration injectable form of HIV prevention drug, a 90-day supply of an
114	114	84oral HIV prevention drug, other clinically appropriate HIV prevention drug, or a prescription for
115	115	85such supply to be filled post-release; and (4) be provided with information about requirements
116	116	86for medical monitoring after release to ensure the safe and effective ongoing use of such HIV
117	117	87prevention drug. Each correctional facility shall develop and implement a plan to connect each
118	118	88inmate receiving an HIV prevention drug pursuant to this paragraph to post-release medical and
119	119	89other services to ensure ongoing HIV prevention therapy upon return to the community. 6 of 13
120	120	90 (c) Any pre-release supply of an HIV prevention drug shall be provided at no cost to the
121	121	91inmate.
122	122	92 (d) Each correctional facility evaluating an inmate for an HIV prevention drug pursuant
123	123	93to paragraph (b) of this section shall ensure that information obtained in such evaluation be kept
124	124	94confidential between the inmate and medical provider and not shared with security or
125	125	95administrative staff.
126	126	96 (e) The Department of Public Health shall promulgate guidance for the implementation
127	127	97of this section.
128	128	98 SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after
129	129	99section 47 UU the following section:-
130	130	100 Section 47VV: (a) As used in this section, the following words shall have the following
131	131	101meanings unless the context clearly requires otherwise:-
132	132	102 “HIV”, human immunodeficiency virus.
133	133	103 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
134	134	104 HIV by the federal Food and Drug Administration, including any ancillary or support
135	135	105health
136	136	106 service determined by the secretary of health and human services that is necessary to: (1)
137	137	107ensure
138	138	108 that such a drug is prescribed or administered to a person who is not infected with HIV
139	139	109and has 7 of 13
140	140	110 no medical contraindications to the use of such a drug; and (2) monitor such a person to
141	141	111ensure
142	142	112 the safe and effective ongoing use of such a drug through: (i) an office visit; (ii)
143	143	113laboratory
144	144	114 testing; (iii) testing for a sexually transmitted infection; (iv) medication self-management
145	145	115and
146	146	116 adherence counseling; (v) or any other health service specified as part of comprehensive
147	147	117HIV
148	148	118 prevention drug services by the United States Department of Health and Human Services,
149	149	119the
150	150	120 United States Centers for Disease Control and Prevention or the United States Preventive
151	151	121Services Task Force, or an equivalent state-authorized body with responsibility to identify health
152	152	122services that are components of comprehensive HIV prevention drug services.
153	153	123 (b) Any individual policy of accident and sickness insurance issued under section 108
154	154	124that provides hospital expense and surgical expense insurance and any group blanket or general
155	155	125policy of accident and sickness insurance issued under section 110 that provides hospital expense
156	156	126and surgical expense insurance, which is issued or renewed within or without the
157	157	127commonwealth, and that provides coverage for any HIV prevention drug, shall not (1) require (i)
158	158	128any cost-sharing, including co-payments or co-insurance, or any deductible, and (ii) prior
159	159	129authorization, step therapy or any other protocol that could restrict or delay the dispensing of any
160	160	130HIV prevention drug; or (2) refuse, reject, or deny a prescription for an HIV prevention drug on 8 of 13
161	161	131the basis of the type or category of health care practitioner issuing the prescription or the venue
162	162	132or practice setting of the health care practitioner issuing the prescription, as long as the health
163	163	133care practitioner is licensed to prescribe medications.
164	164	134 SECTION 5. Chapter 176A of the General Laws is hereby amended by inserting after
165	165	135Section 8VV the following section:-
166	166	136 Section 8WW. (a) As used in this section, the following words shall have the following
167	167	137meanings unless the context clearly requires otherwise:-
168	168	138 “HIV”, human immunodeficiency virus.
169	169	139 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
170	170	140 HIV by the federal Food and Drug Administration, including any ancillary or support
171	171	141health
172	172	142 service determined by the secretary of health and human services that is necessary to: (1)
173	173	143ensure
174	174	144 that such a drug is prescribed or administered to a person who is not infected with HIV
175	175	145and has
176	176	146 no medical contraindications to the use of such a drug; and (2) monitor such a person to
177	177	147ensure
178	178	148 the safe and effective ongoing use of such a drug through: (i) an office visit; (ii)
179	179	149laboratory 9 of 13
180	180	150 testing; (iii) testing for a sexually transmitted infection; (iv) medication self-management
181	181	151and
182	182	152 adherence counseling; (v) or any other health service specified as part of comprehensive
183	183	153HIV
184	184	154 prevention drug services by the United States Department of Health and Human Services,
185	185	155the
186	186	156 United States Centers for Disease Control and Prevention or the United States Preventive
187	187	157Services Task Force, or an equivalent state-authorized body with responsibility to identify health
188	188	158services that are components of comprehensive HIV prevention drug services.
189	189	159 (b) A contract between a subscriber and the corporation under an individual or group
190	190	160hospital service plan which provides hospital expense and surgical expense insurance, except
191	191	161contracts providing supplemental coverage to Medicare or other governmental programs,
192	192	162delivered, issued or renewed by agreement between the insurer and the policyholder, within or
193	193	163without the commonwealth, which provides coverage for any HIV prevention drug shall not: (1)
194	194	164require (i) any cost-sharing, including co-payments or co-insurance, or any deductible, and (ii)
195	195	165prior authorization, step therapy or any other protocol that could restrict or delay the dispensing
196	196	166of any HIV prevention drug; or (2) refuse, reject, or deny a prescription for an HIV prevention
197	197	167drug on the basis of the type or category of health care practitioner issuing the prescription or the
198	198	168venue or practice setting of the health care practitioner issuing the prescription, as long as the
199	199	169health care practitioner is licensed to prescribe medications.
200	200	170 SECTION 6. Chapter 176B of the General Laws is hereby amended by inserting after
201	201	171section 4VV the following section:- 10 of 13
202	202	172 Section 4WW. (a) As used in this section, the following words shall have the following
203	203	173meanings unless the context clearly requires otherwise:-
204	204	174 “HIV”, human immunodeficiency virus.
205	205	175 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
206	206	176 HIV by the federal Food and Drug Administration, including any ancillary or support
207	207	177health
208	208	178 service determined by the secretary of health and human services that is necessary to: (1)
209	209	179ensure
210	210	180 that such a drug is prescribed or administered to a person who is not infected with HIV
211	211	181and has
212	212	182 no medical contraindications to the use of such a drug; and (2) monitor such a person to
213	213	183ensure
214	214	184 the safe and effective ongoing use of such a drug through: (i) an office visit; (ii)
215	215	185laboratory
216	216	186 testing; (iii) testing for a sexually transmitted infection; (iv) medication self-management
217	217	187and
218	218	188 adherence counseling; (v) or any other health service specified as part of comprehensive
219	219	189HIV
220	220	190 prevention drug services by the United States Department of Health and Human Services,
221	221	191the 11 of 13
222	222	192 United States Centers for Disease Control and Prevention or the United States Preventive
223	223	193Services Task Force, or an equivalent state-authorized body with responsibility to identify health
224	224	194services that are components of comprehensive HIV prevention drug services.
225	225	195 (b) Any subscription certificate under an individual or group medical service agreement,
226	226	196except certificates that provide supplemental coverage to Medicare or other governmental
227	227	197programs, issued, delivered or renewed within or without the commonwealth that provides
228	228	198coverage for any HIV prevention drug shall not: (1) require (i) any cost-sharing, including co-
229	229	199payments or co-insurance, or any deductible, and (ii) prior authorization, step therapy or any
230	230	200other protocol that could restrict or delay the dispensing of any HIV prevention drug; or (2)
231	231	201refuse, reject, or deny a prescription for an HIV prevention drug on the basis of the type or
232	232	202category of health care practitioner issuing the prescription or the venue or practice setting of the
233	233	203health care practitioner issuing the prescription, as long as the health care practitioner is licensed
234	234	204to prescribe medications.
235	235	205 SECTION 7. Chapter 176G of the General Laws is hereby amended by inserting after
236	236	206section 4NN the following section:-
237	237	207 Section 4OO. (a) As used in this section, the following words shall have the following
238	238	208meanings unless the context clearly requires otherwise:-
239	239	209 “HIV”, human immunodeficiency virus.
240	240	210 “HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of
241	241	211 HIV by the federal Food and Drug Administration, including any ancillary or support
242	242	212health 12 of 13
243	243	213 service determined by the secretary of health and human services that is necessary to: (1)
244	244	214ensure
245	245	215 that such a drug is prescribed or administered to a person who is not infected with HIV
246	246	216and has
247	247	217 no medical contraindications to the use of such a drug; and (2) monitor such a person to
248	248	218ensure
249	249	219 the safe and effective ongoing use of such a drug through: (i) an office visit; (ii)
250	250	220laboratory
251	251	221 testing; (iii) testing for a sexually transmitted infection; (iv) medication self-management
252	252	222and
253	253	223 adherence counseling; (v) or any other health service specified as part of comprehensive
254	254	224HIV
255	255	225 prevention drug services by the United States Department of Health and Human Services,
256	256	226the
257	257	227 United States Centers for Disease Control and Prevention or the United States Preventive
258	258	228Services Task Force, or an equivalent state-authorized body with responsibility to identify health
259	259	229services that are components of comprehensive HIV prevention drug services.
260	260	230 (b) A health maintenance contract issued or renewed within or without the
261	261	231commonwealth that provides coverage for any HIV prevention drug shall not: (1) require (i) any
262	262	232cost-sharing, including co-payments or co-insurance, or any deductible, and (ii) prior
263	263	233authorization, step therapy or any other protocol that could restrict or delay the dispensing of any 13 of 13
264	264	234HIV prevention drug, provided, however, that co-payments, coinsurance or deductibles shall be
265	265	235required if the applicable plan is governed by the Federal Internal Revenue Code and would lose
266	266	236its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for
267	267	237these services; or (2) refuse, reject, or deny a prescription for an HIV prevention drug on the
268	268	238basis of the type or category of health care practitioner issuing the prescription or the venue or
269	269	239practice setting of the health care practitioner issuing the prescription, as long as the health care
270	270	240practitioner is licensed to prescribe medications.
271	271	241 SECTION 8: Section 1 of chapter 94C, as amended by section 108 of chapter 140 of the
272	272	242acts of 2024, is hereby amended by striking out clause (iii) and inserting in place thereof the
273	273	243following clause:- (iii) said pharmacist’s prescription for the treatment and prevention of
274	274	244sexually transmitted infections, including those defined in regulation by the department pursuant
275	275	245to section 121B of chapter 111 or for the prevention of HIV; or