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SENATE DOCKET, NO. 2124 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 824
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Rebecca L. Rausch
_________________
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 relative to IUD pain management coverage.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexJohn F. KeenanNorfolk and Plymouth3/6/2025Manny Cruz7th Essex3/6/2025 1 of 8
SENATE DOCKET, NO. 2124 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 824
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 824) of Rebecca L. Rausch, John F.
Keenan and Manny Cruz for legislation relative to coverage for pain medication for IUD
procedures. Financial Services.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to IUD pain management coverage.
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, as appearing in the 2022 official edition,
2is hereby amended by inserting after Section 28(h) the following section:
3 Section 28. (i) Any coverage offered by the commission to any active or retired employee
4of the commonwealth insured under the group insurance commission shall provide coverage for
5pain control methods during intrauterine device insertion, including but not limited to
6intravenous sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as
7prescribed by a provider, acting within their scope of practice.
8 (j) (1) Coverage provided under subjection (g) shall not be subject to any deductible,
9coinsurance, copayment or any other cost-sharing requirement, except as provided for in
10subclauses (A) and (B) of clause (i) of subsection (a) or as otherwise required under federal law.
11Coverage offered under this section shall not impose unreasonable restrictions or delays in the 2 of 8
12coverage; provided, however, that reasonable medical management techniques may be applied to
13coverage within a method category, as defined by the FDA, but not across types of methods.
14 (2) Benefits for an enrollee under this section shall also be provided for such enrollee’s
15covered spouse and covered dependents.
16 (3) Nothing in this section shall be construed to deny or restrict in any way the group
17insurance commission’s authority to ensure plan compliance with this chapter.
18 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2022 official
19edition, is hereby amended by inserting in section 10K the following subsections:
20 (g) The division and its contracted health insurers, health plans, health maintenance
21organizations, behavioral health management firms and third-party administrators under contract
22to a Medicaid managed care organization or primary care clinician plan shall provide coverage
23for pain control methods during interuterine device insertion, including but not limited to
24intravenous sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as
25prescribed by a provider, acting within their scope of practice.
26 (h) (1) Coverage provided under subjection (g) shall not be subject to any deductible,
27coinsurance, copayment or any other cost-sharing requirement, except as provided for in
28subclauses (A) and (B) of clause (i) of subsection (a) or as otherwise required under federal law.
29Coverage provided under this section shall not impose unreasonable restrictions or delays in the
30coverage; provided, however, that reasonable medical management techniques may be applied to
31coverage within a method category, as defined by the FDA, but not across types of methods. 3 of 8
32 (2) Benefits for an enrollee under this section shall be the same for such enrollee’s
33covered spouse and covered dependents.
34 (3) Nothing in this section shall be construed to deny or restrict in any way the division of
35medical assistance’s authority to ensure its contracted health insurers, health plans, health
36maintenance organizations, behavioral health management firms and third-party administrators
37under contract to a Medicaid managed care organization or primary care clinician plan are in
38compliance with this chapter.
39 SECTION 3. Chapter 175 of the General Laws, as appearing in the 2022 official edition,
40is hereby amended by inserting after section 47W(j) the following subsections:
41 (k) An individual policy of accident and sickness insurance issued pursuant to section
42108 that provides hospital expense and surgical expense and any group blanket policy of accident
43and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical
44expense insurance, delivered, issued or renewed by agreement between the insurer and the
45policyholder, within or without the Commonwealth, (hereinafter “policy”) shall provide benefits
46for residents of the Commonwealth and all group members having a principal place of
47employment within the Commonwealth coverage for pain control methods during interuterine
48device insertion, including but not limited to intravenous sedation, oral sedation, nitrous oxide,
49local anesthesia, or topical anesthesia as prescribed by a provider, acting within their scope of
50practice.
51 (l) (1) Coverage provided under subsection (k) shall not be subject to any deductible,
52coinsurance, copayment or any other cost-sharing requirement, except as provided for in
53subclauses (A) and (B) of clause (i) of subsection (d) or as otherwise required under federal law. 4 of 8
54Coverage offered under said subsection (d) shall not impose unreasonable restrictions or delays
55in the coverage, in accordance with the requirements of chapter 176O; provided, however, that
56reasonable medical management techniques may be applied to coverage within a method
57category, as defined by the FDA, but not across types of methods.
58 (2) Benefits for an enrollee shall be the same for such enrollee’s covered spouse and
59covered dependents.
60 (m) A policy of accident and sickness insurance that is purchased by an employer that is a
61church or qualified church-controlled organization shall be exempt from subsection (k) at the
62request of the employer.
63 (n) The commissioner of insurance shall ensure that plans issued under subsection (k)
64comply with this chapter.
65 (o) For purposes of this section, the definitions in subsection (j) apply.
66 SECTION 4. Chapter 176A of the General Laws, as appearing in the 2022 official
67edition, is hereby amended by inserting after section 8W(j) the following subsections:
68 (k) Any contract between a subscriber and the corporation under an individual or group
69hospital service plan that is delivered, issued or renewed within or without the Commonwealth
70and that provides benefits for outpatient services shall provide to all individual subscribers and
71members within the Commonwealth and to all group members having a principal place of
72employment within the Commonwealth coverage for pain control methods during interuterine
73device insertion, including but not limited to intravenous sedation, oral sedation, nitrous oxide, 5 of 8
74local anesthesia, or topical anesthesia as prescribed by a provider, acting within their scope of
75practice.
76 (l) Coverage provided under subsection (k) shall not be subject to any deductible,
77coinsurance, copayment or any cost-sharing requirement except as provided for in subclauses
78(A) and (B) of clause (i) of subsection (d) or as otherwise required under federal law. Coverage
79offered under subsection (k) shall not impose any unreasonable restriction or delay in the
80coverage, in accordance with the requirements of chapter 176O; provided, however, that
81reasonable medical management techniques may be applied to coverage within a method
82category, as defined by the FDA, but not across types of methods.
83 (m) (1) The requirements of subsection (k) shall not apply to a contract between a
84subscriber and a corporation under an individual or group hospital service plan that is delivered,
85issued, or renewed within or without the Commonwealth that is purchased by an employer that is
86a church or qualified church-controlled organization.
87 (2) A church or qualified church-controlled organization that invokes the exemption
88provided under subsection (m)(1) shall provide written notice to prospective enrollees prior to
89enrollment with the plan, listing the contraceptive health care methods and services such
90employer refuses to cover for religious reasons.
91 (n) Nothing in this subsection shall be construed to deny or restrict in any way the
92division of insurance’s authority to ensure contract compliance with this chapter.
93 (o) For purposes of this section, the definitions set forth in section (j) of this Chapter shall
94apply, unless the context clearly requires otherwise. 6 of 8
95 SECTION 5. Chapter 176B of the General Laws, as appearing in the 2022 official
96edition, is hereby amended by inserting after section 4W(j) the following subsections:
97 (k) Any subscription certificate under an individual or group medical service agreement
98that is delivered, issued or renewed within or without the Commonwealth and that provides
99benefits for outpatient services shall provide to all individual subscribers and members within the
100Commonwealth and to all group members having a principal place of employment within the
101Commonwealth coverage for all of the following services and contraceptive methods for pain
102control methods during intrauterine device insertion, including but not limited to intravenous
103sedation, oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as prescribed by a
104provider, acting within their scope of practice.
105 (l) (1) A medical service agreement subject to subsection (k) shall not impose a
106deductible, coinsurance, copayment or any other cost-sharing requirement on the coverage
107provided.
108 (2) Benefits for an enrollee under this subsection shall be the same for such enrollee’s
109covered spouse and covered dependents.
110 (m) (1) The requirements of this subsection shall not apply to a medical service
111agreement that is delivered, issued, or renewed within or without the Commonwealth that is
112purchased by an employer that is a church or qualified church-controlled organization.
113 (2) A church or qualified church-controlled organization that invokes the exemption
114provided under subsection (m)(1) shall provide written notice to prospective enrollees prior to
115enrollment with the plan, listing the contraceptive health care methods and services the employer
116refuses to cover for religious reasons. 7 of 8
117 (n) Nothing in this subsection shall be construed to deny or restrict in any way the
118division of insurance’s authority to ensure medical service agreement compliance with this
119chapter.
120 (o) For purposes of this section, the definitions set forth in subsection (j) shall apply,
121unless the context clearly requires otherwise.
122 SECTION 6. Chapter 176G of the General Laws, as appearing in the 2022 official
123edition, is hereby amended by inserting after section 4O(c) the following subsections:
124 (d) Any individual or group health maintenance contract that is issued, renewed or
125delivered within or without the Commonwealth and that provides benefits for outpatient
126prescription drugs or devices shall provide to residents of the Commonwealth and to persons
127having a principal place of employment within the Commonwealth coverage for pain control
128methods during intrauterine device insertion, including but not limited to intravenous sedation,
129oral sedation, nitrous oxide, local anesthesia, or topical anesthesia as prescribed by a provider,
130acting within their scope of practice.
131 (e) (1) Coverage provided under subsection (d) shall not be subject to any deductible,
132coinsurance, copayment or any other cost-sharing requirement except as provided for in
133subclauses (A) and (B) of clause (i) of subsection (d) or otherwise as required under federal law.
134Coverage offered under said subsection (d) shall not impose unreasonable restrictions or delays
135in the coverage, in accordance with the requirements of chapter 176O; provided, however, that
136reasonable medical management techniques may be applied to coverage within a method
137category, as defined by the FDA, but not across types of methods. 8 of 8
138 (2) Benefits for an enrollee under this section shall be the same for such enrollee’s
139covered spouse and covered dependents.
140 (f) (1) The requirements of this subsection shall not apply to a health maintenance
141contract if that policy is purchased by an employer that is a church or qualified church-controlled
142organization.
143 (2) A church or qualified church-controlled organization that invokes the exemption
144provided under subsection (f)(1) shall provide written notice to prospective enrollees prior to
145enrollment with the plan, listing the contraceptive health care services the employer refuses to
146cover for religious reasons.
147 (g) Nothing in this subsection shall be construed to deny or restrict in any way the
148division of insurance’s authority to ensure health maintenance contract compliance with this
149chapter.
150 (h) For purposes of this section, the definitions in subjection (j) shall apply, unless the
151context clearly requires otherwise.
152 SECTION 7. Sections 1 through 6 of this act shall apply to all policies, contracts and
153certificates of health insurance subject to chapters 32A, chapter 118E, chapter 175, chapter
154176A, chapter 176B, and chapter 176G which are delivered, issued or renewed on or after
155September 1, 2026.