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2 | 2 | | SENATE DOCKET, NO. 2394 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 807 |
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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 | | Patrick M. O'Connor |
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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 dental insurance assignment of benefits. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 2394 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 807 |
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18 | 18 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 807) of Patrick M. O'Connor for |
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19 | 19 | | legislation relative to dental insurance assignment of benefits. Financial Services. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 698 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to dental insurance assignment of benefits. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Chapter 176W of the General Laws, as so appearing the 2020 Official |
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31 | 31 | | 2Edition, is hereby amended by inserting the following chapter:- |
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32 | 32 | | 3 Chapter 176X. Dental Benefit Plans |
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33 | 33 | | 4 Section 1. As used in this chapter the following words shall, unless the context clearly |
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34 | 34 | | 5requires otherwise, have the following meaning:- |
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35 | 35 | | 6 “Carrier”, any insurer licensed or otherwise authorized to transact accident and health |
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36 | 36 | | 7insurance under chapter 175, non-profit medical service corporation under chapter 176B; a |
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37 | 37 | | 8dental service corporation organized under chapter 176E, health maintenance organization |
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38 | 38 | | 9organized under chapter 176G, or preferred provider arrangement organized under chapter 176I |
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39 | 39 | | 10offering dental benefit plans in the commonwealth. 2 of 3 |
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40 | 40 | | 11 “Commissioner”, the commissioner of the division of insurance. |
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41 | 41 | | 12 “Connector”, the commonwealth health insurance connector, established by chapter |
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42 | 42 | | 13176Q. |
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43 | 43 | | 14 “Dental benefit plans”, any stand-alone dental plan that covers oral surgical care, |
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44 | 44 | | 15services, procedures or benefits covered by any individual, general, blanket or group policy of |
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45 | 45 | | 16health, accident and sickness insurance issued by an insurer licensed or otherwise authorized to |
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46 | 46 | | 17transact accident and health insurance under chapter 175; any oral surgical care, services, |
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47 | 47 | | 18procedures or benefits covered by a stand-alone individual or group dental medical service plan |
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48 | 48 | | 19issued by a non-profit medical service corporation under chapter 176B; any oral surgical care, |
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49 | 49 | | 20services, procedures or benefits covered by a stand-alone individual or group dental service plan |
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50 | 50 | | 21issued by a dental service corporation organized under chapter 176E; any oral surgical care, |
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51 | 51 | | 22services, procedures or benefits covered by a stand-alone individual or group dental health |
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52 | 52 | | 23maintenance contract issued by a health maintenance organization organized under chapter |
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53 | 53 | | 24176G; or any oral surgical care, services, procedures or benefits covered by a stand-alone |
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54 | 54 | | 25individual or group preferred provider dental plan issued by a preferred provider arrangement |
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55 | 55 | | 26organized under chapter 176I. |
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56 | 56 | | 27 “Self-insured customer”, a self-insured group for which a carrier provides administrative |
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57 | 57 | | 28services. |
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58 | 58 | | 29 “Self-insured group”, a self-insured or self-funded employer group health plan. |
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59 | 59 | | 30 “Third-party administrator”, a person who, on behalf of a dental insurer or purchaser of |
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60 | 60 | | 31dental benefits, receives or collects charges, contributions or premiums for, or adjusts or settles |
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61 | 61 | | 32claims on or for residents of the commonwealth. 3 of 3 |
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62 | 62 | | 33 “Written direction” refers to the assignment of benefits to the dental provider by the |
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63 | 63 | | 34patient on the claim form sent electronically or by regular mail to the dental plan. |
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64 | 64 | | 35 Section 2. Dental insurance assignment of benefits. Dental benefit plans as defined in |
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65 | 65 | | 36section 1 shall allow, as a provision in a group or individual policy, contract or health benefit |
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66 | 66 | | 37plan for coverage of dental services, any person insured by such entity to direct, in writing, that |
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67 | 67 | | 38benefits from a health benefit plan, policy or contract, be paid directly to a dental care provider |
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68 | 68 | | 39who has not contracted with the entity to provide dental services to persons covered by the entity |
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69 | 69 | | 40but otherwise meets the credentialing criteria of the entity. If written direction to pay is executed |
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70 | 70 | | 41and written notice of the direction to pay is provided to such entity, the insuring entity shall pay |
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71 | 71 | | 42the benefits directly to the dental care provider. The amount of benefits paid directly to the dental |
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72 | 72 | | 43care provider under this section must be at least equal to the amount paid to participating |
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73 | 73 | | 44dentists. The entity paying the dentist, pursuant to a direction to pay duly executed by the |
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74 | 74 | | 45subscriber, shall have the right to review the records of the dentist receiving such payment that |
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75 | 75 | | 46relate exclusively to that particular subscriber/patient to determine that the service in question |
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76 | 76 | | 47was rendered. Provided, however, this section shall not apply to insurance coverage providing |
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77 | 77 | | 48benefits for: (1) hospital confinement indemnity; (2) disability income; (3) accident only; (4) |
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78 | 78 | | 49long-term care; (5) Medicare supplement; (6) limited benefit health; (7) specified disease |
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79 | 79 | | 50indemnity; (8) sickness or bodily injury or death by accident or both; and (9) other limited |
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80 | 80 | | 51benefit policies. |
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