Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S847 Compare Versions

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22 SENATE DOCKET, NO. 1247 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 847
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John J. Cronin
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 rapid whole genome sequencing.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 4
1616 SENATE DOCKET, NO. 1247 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 847
1818 By Mr. Cronin, a petition (accompanied by bill, Senate, No. 847) of John J. Cronin for
1919 legislation relative to converge for rapid whole genome sequencing. Health Care Financing.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act relative to rapid whole genome sequencing.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1.  Notwithstanding any general or special law to the contrary, the Executive
2929 2Office of Health and Human Service in conjunction with the Office of MassHealth shall ensure
3030 3the provision of rapid whole genome sequencing when the following clinical criteria are met. 
3131 4 For purposes of this section, “rapid whole genome sequencing” is defined as an
3232 5investigation of the entire human genome, including coding and non-coding regions and
3333 6mitochondrial deoxyribonucleic acid, to identify disease-causing genetic changes that returns the
3434 7preliminary positive results within 5 days and final results within 14 days. When used in this
3535 8section “rapid whole genome sequencing” includes patient-only whole genome sequencing and
3636 9duo and trio whole genome sequencing of the patient and biological parent or parents.
3737 10 Subject to any required approval of the Centers for Medicare and Medicaid Services, the
3838 11Commonwealth shall include coverage of rapid whole genome sequencing as a separately
3939 12payable service for Medicaid beneficiaries when all of the following criteria are met: (i) the 2 of 4
4040 13beneficiary is twenty-one years of age or younger (ii) the beneficiary has a complex or acute
4141 14illness of unknown etiology, that is not confirmed to be caused by an environmental exposure,
4242 15toxic ingestion, infection with normal response to therapy, or trauma, and (iii) the beneficiary is
4343 16receiving inpatient hospital services in an intensive care unit or high acuity pediatric care unit.
4444 17 The coverage provided pursuant to this Section may be subject to applicable evidence-
4545 18based medical necessity criteria that shall be based on all of the following: (i) the patient has
4646 19symptoms that suggest a broad differential diagnosis that would require an evaluation by
4747 20multiple genetic tests if rapid whole genome sequencing is not performed, (ii) the patient’s
4848 21treating healthcare provider has determined that timely identification of a molecular diagnosis is
4949 22necessary to guide clinical decision-making and testing results may guide the treatment or
5050 23management of the patient’s condition, (iii) complex or acute illness of unknown etiology
5151 24including at least one of the following conditions:
5252 25 i) Congenital anomalies involving at least 2 organ systems or complex/multiple
5353 26congenital anomalies in one organ system.
5454 27 ii) Specific organ malformations highly suggestive of a genetic etiology.
5555 28 iii) Abnormal laboratory tests or abnormal chemistry profiles suggesting the presence of a
5656 29genetic disease, complex metabolic disorder, or inborn error of metabolism like but not limited to
5757 30an abnormal newborn screen, hyperammonemia, or severe lactic acidosis not due to poor
5858 31perfusion.
5959 32 iv) Refractory or severe hypoglycemia or hyperglycemia. 3 of 4
6060 33 v) Abnormal response to therapy related to an underlying medical condition affecting
6161 34vital organs or bodily systems.
6262 35 vi) Severe muscle weakness, rigidity, or spasticity.
6363 36 vii) Refractory seizures.
6464 37 viii) A high-risk stratification on evaluation for a brief resolved unexplained event with
6565 38any of the following:
6666 39 (1) A recurrent event without respiratory infection.
6767 40 (2) A recurrent event witnessed seizure-like event.
6868 41 (3) A recurrent cardiopulmonary resuscitation.
6969 42 ix) Abnormal cardiac diagnostic testing results suggestive of possible channelopathies,
7070 43arrhythmias, cardiomyopathies, myocarditis, or structural heart disease.
7171 44 x) Abnormal diagnostic imaging studies suggestive of underlying genetic condition.
7272 45 xi) Abnormal physiologic function studies suggestive of an underlying genetic etiology.
7373 46 xii) Family genetic history related to the patient’s condition.
7474 47 Genetic data generated as a result of performing rapid whole genome sequencing,
7575 48covered pursuant to this Section, shall have a primary use of assisting the ordering health care
7676 49professional and treating care team to diagnose and treat the patient, and as protected health
7777 50information it shall be subject to the to the requirements applicable to protected health
7878 51information as set forth in the Health Information Portability and Accountability Act (“HIPAA”), 4 of 4
7979 52the Health Information Technology for Economic and Clinical Health Act, and their attendant
8080 53regulations, including but not limited to the HIPAA Privacy Rule as promulgated at 45 CFR Part
8181 54160 and Subparts A and E of 45 CFR Part 164.
8282 55 The Executive Office of Health and Human Services shall take any actions necessary to
8383 56implement the provisions of this Section, which can include, if deemed necessary, the following:
8484 57(i) promulgation of rules and regulations to provide for Medicaid coverage pursuant to this
8585 58Section, (ii) submission to the Centers for Medicare and Medicaid Services of any new waiver
8686 59application, amendment to an existing waiver, or Medicaid state plan amendment necessary to
8787 60ensure federal financial participation for Medicaid coverage pursuant to this Section, or (iii) any
8888 61other administrative action determined by the Secretary as necessary to implement the
8989 62requirements of this Section.
9090 63 SECTION 2.   This act shall take effect upon passage.