Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S807 Compare Versions

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22 SENATE DOCKET, NO. 2394 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 807
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Patrick M. O'Connor
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to dental insurance assignment of benefits.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 3
1616 SENATE DOCKET, NO. 2394 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 807
1818 By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 807) of Patrick M. O'Connor for
1919 legislation relative to dental insurance assignment of benefits. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 698 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act relative to dental insurance assignment of benefits.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Chapter 176W of the General Laws, as so appearing the 2020 Official
3131 2Edition, is hereby amended by inserting the following chapter:-
3232 3 Chapter 176X. Dental Benefit Plans
3333 4 Section 1. As used in this chapter the following words shall, unless the context clearly
3434 5requires otherwise, have the following meaning:-
3535 6 “Carrier”, any insurer licensed or otherwise authorized to transact accident and health
3636 7insurance under chapter 175, non-profit medical service corporation under chapter 176B; a
3737 8dental service corporation organized under chapter 176E, health maintenance organization
3838 9organized under chapter 176G, or preferred provider arrangement organized under chapter 176I
3939 10offering dental benefit plans in the commonwealth. 2 of 3
4040 11 “Commissioner”, the commissioner of the division of insurance.
4141 12 “Connector”, the commonwealth health insurance connector, established by chapter
4242 13176Q.
4343 14 “Dental benefit plans”, any stand-alone dental plan that covers oral surgical care,
4444 15services, procedures or benefits covered by any individual, general, blanket or group policy of
4545 16health, accident and sickness insurance issued by an insurer licensed or otherwise authorized to
4646 17transact accident and health insurance under chapter 175; any oral surgical care, services,
4747 18procedures or benefits covered by a stand-alone individual or group dental medical service plan
4848 19issued by a non-profit medical service corporation under chapter 176B; any oral surgical care,
4949 20services, procedures or benefits covered by a stand-alone individual or group dental service plan
5050 21issued by a dental service corporation organized under chapter 176E; any oral surgical care,
5151 22services, procedures or benefits covered by a stand-alone individual or group dental health
5252 23maintenance contract issued by a health maintenance organization organized under chapter
5353 24176G; or any oral surgical care, services, procedures or benefits covered by a stand-alone
5454 25individual or group preferred provider dental plan issued by a preferred provider arrangement
5555 26organized under chapter 176I.
5656 27 “Self-insured customer”, a self-insured group for which a carrier provides administrative
5757 28services.
5858 29 “Self-insured group”, a self-insured or self-funded employer group health plan.
5959 30 “Third-party administrator”, a person who, on behalf of a dental insurer or purchaser of
6060 31dental benefits, receives or collects charges, contributions or premiums for, or adjusts or settles
6161 32claims on or for residents of the commonwealth. 3 of 3
6262 33 “Written direction” refers to the assignment of benefits to the dental provider by the
6363 34patient on the claim form sent electronically or by regular mail to the dental plan.
6464 35 Section 2. Dental insurance assignment of benefits. Dental benefit plans as defined in
6565 36section 1 shall allow, as a provision in a group or individual policy, contract or health benefit
6666 37plan for coverage of dental services, any person insured by such entity to direct, in writing, that
6767 38benefits from a health benefit plan, policy or contract, be paid directly to a dental care provider
6868 39who has not contracted with the entity to provide dental services to persons covered by the entity
6969 40but otherwise meets the credentialing criteria of the entity. If written direction to pay is executed
7070 41and written notice of the direction to pay is provided to such entity, the insuring entity shall pay
7171 42the benefits directly to the dental care provider. The amount of benefits paid directly to the dental
7272 43care provider under this section must be at least equal to the amount paid to participating
7373 44dentists. The entity paying the dentist, pursuant to a direction to pay duly executed by the
7474 45subscriber, shall have the right to review the records of the dentist receiving such payment that
7575 46relate exclusively to that particular subscriber/patient to determine that the service in question
7676 47was rendered. Provided, however, this section shall not apply to insurance coverage providing
7777 48benefits for: (1) hospital confinement indemnity; (2) disability income; (3) accident only; (4)
7878 49long-term care; (5) Medicare supplement; (6) limited benefit health; (7) specified disease
7979 50indemnity; (8) sickness or bodily injury or death by accident or both; and (9) other limited
8080 51benefit policies.