1 of 1
SENATE DOCKET, NO. 989 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 793
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark C. Montigny
_________________
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 save lives by preventing unscrupulous medical referral restrictions by profit-driven
health care networks.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 2
SENATE DOCKET, NO. 989 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 793
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 793) of Mark C. Montigny for
legislation to save lives by preventing unscrupulous medical referral restrictions by profit-driven
health care networks. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 683 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to save lives by preventing unscrupulous medical referral restrictions by profit-driven
health care networks.
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. Section 11 of chapter 6D of the General Laws, as so appearing in the 2022
2Official Edition, is hereby amended by inserting after subsection (e) the following subsection:-
3 (f) The commission may suspend, revoke, or refuse to renew a provider organization’s
4registration upon a violation of section 187 of chapter 149 or subsection (a) of section 16 of
5chapter 176O.
6 SECTION 2. Subsection (b) of section 187 of chapter 149 of the General Laws, as so
7appearing, is hereby amended by inserting after clause (4) the following clause:- 2 of 2
8 (5) refers a patient to an outside, non-affiliated health care facility or provider if: (i) the
9outside, non-affiliated health care facility or provider is that other than the health care provider’s
10facility or place of employment and (ii) the health care provider reasonably believes said referral
11is in the best interest of the patient or at the direct request of the patient.
12 SECTION 3. Section 16 of chapter 176O of the General Laws, as so appearing, is hereby
13amended by striking the last sentence in subsection (a) and inserting in place thereof the
14following:-
15 Nothing in this section shall be construed as altering, affecting or modifying either the
16obligations of any third party or the terms and conditions of any agreement or contract between
17either the treating physician or the insured and any third party, except for any obligation,
18agreement or contract between a physician and a third party that unduly restricts an insured from
19receiving medically necessary services ordered by a treating physician, primary care provider, or
20other health care professional. No facility, health care provider, or licensed health care provider
21group shall unduly restrict medically necessary health care services or referrals for said services
22provided to an insured by a treating physician, primary care provider, or other health care
23professional based solely upon a facility, provider, or provider group’s network or affiliation
24status with another facility, provider or provider group. Any attempt by a facility, health care
25provider, or licensed health care provider group to prohibit or hinder said services or referrals
26shall constitute an unfair method of competition and unfair or deceptive act in violation of
27chapter 93A.