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