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2 | 2 | | SENATE DOCKET, NO. 1247 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 847 |
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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 | | John J. Cronin |
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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 rapid whole genome sequencing. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 1247 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 847 |
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18 | 18 | | By Mr. Cronin, a petition (accompanied by bill, Senate, No. 847) of John J. Cronin for |
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19 | 19 | | legislation relative to converge for rapid whole genome sequencing. Health Care Financing. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to rapid whole genome sequencing. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Notwithstanding any general or special law to the contrary, the Executive |
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29 | 29 | | 2Office of Health and Human Service in conjunction with the Office of MassHealth shall ensure |
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30 | 30 | | 3the provision of rapid whole genome sequencing when the following clinical criteria are met. |
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31 | 31 | | 4 For purposes of this section, “rapid whole genome sequencing” is defined as an |
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32 | 32 | | 5investigation of the entire human genome, including coding and non-coding regions and |
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33 | 33 | | 6mitochondrial deoxyribonucleic acid, to identify disease-causing genetic changes that returns the |
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34 | 34 | | 7preliminary positive results within 5 days and final results within 14 days. When used in this |
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35 | 35 | | 8section “rapid whole genome sequencing” includes patient-only whole genome sequencing and |
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36 | 36 | | 9duo and trio whole genome sequencing of the patient and biological parent or parents. |
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37 | 37 | | 10 Subject to any required approval of the Centers for Medicare and Medicaid Services, the |
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38 | 38 | | 11Commonwealth shall include coverage of rapid whole genome sequencing as a separately |
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39 | 39 | | 12payable service for Medicaid beneficiaries when all of the following criteria are met: (i) the 2 of 4 |
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40 | 40 | | 13beneficiary is twenty-one years of age or younger (ii) the beneficiary has a complex or acute |
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41 | 41 | | 14illness of unknown etiology, that is not confirmed to be caused by an environmental exposure, |
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42 | 42 | | 15toxic ingestion, infection with normal response to therapy, or trauma, and (iii) the beneficiary is |
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43 | 43 | | 16receiving inpatient hospital services in an intensive care unit or high acuity pediatric care unit. |
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44 | 44 | | 17 The coverage provided pursuant to this Section may be subject to applicable evidence- |
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45 | 45 | | 18based medical necessity criteria that shall be based on all of the following: (i) the patient has |
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46 | 46 | | 19symptoms that suggest a broad differential diagnosis that would require an evaluation by |
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47 | 47 | | 20multiple genetic tests if rapid whole genome sequencing is not performed, (ii) the patient’s |
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48 | 48 | | 21treating healthcare provider has determined that timely identification of a molecular diagnosis is |
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49 | 49 | | 22necessary to guide clinical decision-making and testing results may guide the treatment or |
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50 | 50 | | 23management of the patient’s condition, (iii) complex or acute illness of unknown etiology |
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51 | 51 | | 24including at least one of the following conditions: |
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52 | 52 | | 25 i) Congenital anomalies involving at least 2 organ systems or complex/multiple |
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53 | 53 | | 26congenital anomalies in one organ system. |
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54 | 54 | | 27 ii) Specific organ malformations highly suggestive of a genetic etiology. |
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55 | 55 | | 28 iii) Abnormal laboratory tests or abnormal chemistry profiles suggesting the presence of a |
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56 | 56 | | 29genetic disease, complex metabolic disorder, or inborn error of metabolism like but not limited to |
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57 | 57 | | 30an abnormal newborn screen, hyperammonemia, or severe lactic acidosis not due to poor |
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58 | 58 | | 31perfusion. |
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59 | 59 | | 32 iv) Refractory or severe hypoglycemia or hyperglycemia. 3 of 4 |
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60 | 60 | | 33 v) Abnormal response to therapy related to an underlying medical condition affecting |
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61 | 61 | | 34vital organs or bodily systems. |
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62 | 62 | | 35 vi) Severe muscle weakness, rigidity, or spasticity. |
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63 | 63 | | 36 vii) Refractory seizures. |
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64 | 64 | | 37 viii) A high-risk stratification on evaluation for a brief resolved unexplained event with |
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65 | 65 | | 38any of the following: |
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66 | 66 | | 39 (1) A recurrent event without respiratory infection. |
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67 | 67 | | 40 (2) A recurrent event witnessed seizure-like event. |
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68 | 68 | | 41 (3) A recurrent cardiopulmonary resuscitation. |
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69 | 69 | | 42 ix) Abnormal cardiac diagnostic testing results suggestive of possible channelopathies, |
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70 | 70 | | 43arrhythmias, cardiomyopathies, myocarditis, or structural heart disease. |
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71 | 71 | | 44 x) Abnormal diagnostic imaging studies suggestive of underlying genetic condition. |
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72 | 72 | | 45 xi) Abnormal physiologic function studies suggestive of an underlying genetic etiology. |
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73 | 73 | | 46 xii) Family genetic history related to the patient’s condition. |
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74 | 74 | | 47 Genetic data generated as a result of performing rapid whole genome sequencing, |
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75 | 75 | | 48covered pursuant to this Section, shall have a primary use of assisting the ordering health care |
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76 | 76 | | 49professional and treating care team to diagnose and treat the patient, and as protected health |
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77 | 77 | | 50information it shall be subject to the to the requirements applicable to protected health |
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78 | 78 | | 51information as set forth in the Health Information Portability and Accountability Act (“HIPAA”), 4 of 4 |
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79 | 79 | | 52the Health Information Technology for Economic and Clinical Health Act, and their attendant |
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80 | 80 | | 53regulations, including but not limited to the HIPAA Privacy Rule as promulgated at 45 CFR Part |
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81 | 81 | | 54160 and Subparts A and E of 45 CFR Part 164. |
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82 | 82 | | 55 The Executive Office of Health and Human Services shall take any actions necessary to |
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83 | 83 | | 56implement the provisions of this Section, which can include, if deemed necessary, the following: |
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84 | 84 | | 57(i) promulgation of rules and regulations to provide for Medicaid coverage pursuant to this |
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85 | 85 | | 58Section, (ii) submission to the Centers for Medicare and Medicaid Services of any new waiver |
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86 | 86 | | 59application, amendment to an existing waiver, or Medicaid state plan amendment necessary to |
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87 | 87 | | 60ensure federal financial participation for Medicaid coverage pursuant to this Section, or (iii) any |
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88 | 88 | | 61other administrative action determined by the Secretary as necessary to implement the |
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89 | 89 | | 62requirements of this Section. |
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90 | 90 | | 63 SECTION 2. This act shall take effect upon passage. |
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