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2 | 2 | | SENATE DOCKET, NO. 1569 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 902 |
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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 | | Pavel M. Payano |
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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 lowering health care prices for patients. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Pavel M. PayanoFirst Essex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1569 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 902 |
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18 | 18 | | By Mr. Payano, a petition (accompanied by bill, Senate, No. 902) of Pavel M. Payano for |
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19 | 19 | | legislation to lower health care prices for patients by limiting the rate that can be charged for |
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20 | 20 | | services to not exceed 200 percent of the amount paid by Medicare for the service. Health Care |
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21 | 21 | | Financing. |
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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 lowering health care prices for patients. |
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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 Chapter 111 of the General Laws is hereby amended by inserting after section 51L the |
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31 | 31 | | 2following section:- |
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32 | 32 | | 3 Section 51M. (a) As used in this section, the following terms shall have the following |
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33 | 33 | | 4meanings:- |
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34 | 34 | | 5 “Health care provider”, a provider of medical or health services or any other person or |
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35 | 35 | | 6organization that furnishes, bills or is paid for health care service delivery in the normal course |
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36 | 36 | | 7of business. |
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37 | 37 | | 8 “Hospital”, a hospital licensed pursuant to section 51 of chapter 111, the teaching |
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38 | 38 | | 9hospital of the University of Massachusetts Medical School and any psychiatric facility licensed |
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39 | 39 | | 10under section 19 of chapter 19. 2 of 3 |
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40 | 40 | | 11 “Provider organization”, any corporation, partnership, business trust, association or |
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41 | 41 | | 12organized group of persons, which is in the business of health care delivery or management, |
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42 | 42 | | 13whether incorporated or not that represents 1 or more health care providers in contracting with |
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43 | 43 | | 14carriers for the payments of heath care services; provided, that ''provider organization'' shall |
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44 | 44 | | 15include, but not be limited to, physician organizations, physician-hospital organizations, |
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45 | 45 | | 16independent practice associations, provider networks, accountable care organizations, clinical |
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46 | 46 | | 17laboratories, imaging facilities and any other organization that contracts with carriers for |
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47 | 47 | | 18payment for health care services. |
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48 | 48 | | 19 (b) A health care provider shall not charge, bill, or collect payment for health care |
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49 | 49 | | 20services at a rate that exceeds 200 percent of the amount paid by Medicare for the service. |
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50 | 50 | | 21 (c) A hospital shall not charge, bill, or collect payment for health care services at a rate |
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51 | 51 | | 22that exceeds 200 percent of the amount paid by Medicare for the service. |
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52 | 52 | | 23 (d) A provider organization shall not charge, bill, or collect payment for health care |
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53 | 53 | | 24services at a rate that exceeds 200 percent of the amount paid by Medicare for the service. |
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54 | 54 | | 25 (e) Every health care provider, hospital, and provider organization which provides |
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55 | 55 | | 26covered services to a person must provide such services to any such person as a condition of |
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56 | 56 | | 27their licensure, and must accept payment consistent with the provisions of this section, and may |
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57 | 57 | | 28not balance bill such person for any amount in excess of the amount paid by the payor pursuant |
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58 | 58 | | 29to this section, other than applicable co-payments, co-insurance, and deductibles. |
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59 | 59 | | 30 (g) A health care provider, hospital, or provider organization shall not recoup or seek to |
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60 | 60 | | 31recoup amounts in excess of the amounts charged to carriers pursuant to this section by |
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61 | 61 | | 32increasing charges to other health benefit plans or other payers. 3 of 3 |
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62 | 62 | | 33 (f) The department may promulgate regulations to monitor and ensure compliance with |
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63 | 63 | | 34this section. The attorney general shall have concurrent authority with the department to review |
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64 | 64 | | 35and monitor compliance with this section. |
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