Bill H.3353

HOUSE DOCKET, NO. 1371 FILED ON: 2/18/2011

HOUSE . . . . . . . . . . . . . . . No. 3353

By Mr. Lyons of Andover, a petition (accompanied by bill, House, No. 3353) of James J. Lyons, Jr. and others relative to mandated health insurance. Financial Services.

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to health insurance mandates in the Commonwealth.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith provide for health insurance benefits, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The third paragraph of section 76F of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence.

SECTION 2. Chapter 111M of the General Laws is hereby repealed.

SECTION 3. Section 47AA of chapter 175 of the General Laws is hereby repealed.

SECTION 4. Sections 47B to 47I, inclusive, of said chapter 175 are hereby repealed.

SECTION 5. Sections 47K and 47L of said chapter 175 of the General Laws are hereby repealed.

SECTION 6. Sections 47N to 47Z, inclusive, of said chapter 175 of the General Laws are hereby repealed.

SECTION 7. Provision (3) of paragraph (A) of subdivision (2) of section 108 of said chapter 175 of the General Laws is hereby repealed.

SECTION 8. Paragraph (D) of subdivision (8) of section 108 of said chapter 175 of the General Laws is hereby repealed.

SECTION 9. Section 108B of said chapter 175 of the General Laws is hereby repealed.

SECTION 10. Section 108D of said chapter 175 of the General Laws is hereby repealed.

SECTION 11. Subdivision (F) of section 110 of said chapter 175 of the General Laws is hereby repealed.

SECTION 12. Subdivision (I) of section 110 of said chapter 175 of the General Laws is hereby repealed.

SECTION 13. Subdivisions (K) and (L) of section 110 of said chapter 175 of the General Laws are hereby repealed.

SECTION 14. Subdivision (P) of section 110 of said chapter 175 of the General Laws is hereby repealed.

SECTION 15. Section 110K of said chapter 175 of the General Laws is hereby repealed.

SECTION 16. Section 110L of said chapter 175 of the General Laws is hereby repealed.

SECTION 17. Subsection (d) of section 8 of chapter 176A of the General Laws is hereby repealed.

SECTION 18. Sections 8A and 8B of said chapter 176A of the General Laws are hereby repealed.

SECTION 19. Sections 8G to 8L, inclusive, of said chapter 176A of the General Laws are hereby repealed.

SECTION 20. Sections 8N to 8Y, inclusive, of said chapter 176A of the General Laws are hereby repealed.

SECTION 21. Section 8AA to 8DD, inclusive, of said chapter 176A of the General Laws are hereby repealed.

SECTION 22. Section 4 of chapter 176B of the General Laws is hereby repealed.

SECTION 23. Sections 4AA to 4DD, inclusive, of chapter 176B of the General Laws are hereby repealed.

SECTION 24. Section 4A of said chapter 176B of the General Laws is hereby repealed.

SECTION 25. Section 4C of said chapter 176B of the General Laws is hereby repealed.

SECTION 26. Section 4F of said chapter 176B of the General Laws is hereby repealed.

SECTION 27. Section 4G of said chapter 176B of the General Laws is hereby repealed.

SECTION 28. Section 4H of said chapter 176B of the General Laws is hereby repealed.

SECTION 29. Section 4K of said chapter 176B of the General Laws is hereby repealed.

SECTION 30. Section 4L of said chapter 176B of the General Laws is hereby repealed.

SECTION 31. Sections 4N to 4Y, inclusive, of said chapter 176B of the General Laws are hereby repealed.

SECTION 32. Subsection (c) of section 6 of said chapter 176B of the General Laws is hereby repealed.

SECTION 33. Section 4 of chapter 176G of the General Laws is hereby repealed.

SECTION 34. Sections 4C to 4Q, inclusive, of said chapter 176G of the General Laws is hereby repealed.

SECTION 35. Sections 4S to 4V, inclusive, of said chapter 176G of the General Laws is hereby repealed.

SECTION 36. Section 5 of said chapter 176G of the General Laws is hereby repealed.

SECTION 37. Section 11A of said chapter 176G of the General Laws is hereby repealed.

SECTION 38. There shall be a special commission to make recommendations to the legislature on mandated health insurance benefits in the commonwealth. The commission shall consist of the secretary of administration and finance or his designee; 3 members of the house of representatives, 1 of whom shall be the chair of the joint committee on health care financing, 1 of whom shall be appointed by the house minority leader; 3 members of the senate, 1 of whom shall be the chair of the joint committee on health care financing, 1 of whom shall be appointed by the senate minority leader; and 4 members to be appointed by the governor, 1 of whom shall have professional experience in employee health benefits or in actuarial science. The commission shall convene its first official meeting not later than September 1, 2011.

The commission, in consultation with the division of insurance, shall make a comprehensive study of mandated health insurance benefits. The study shall include, but not be limited to: contribution rates paid by employers and employees and the terms of health insurance policies available to all citizens of the commonwealth.

The commission shall recommend acceptable mandated health insurance benefits and policy terms for such mandated coverage. The commission shall request an actuarial analysis to determine the costs of any recommendations made by the commission. The report of commission shall be filed with the governor, the clerks of the senate and house of representatives and the chairs of the joint committee on health care financing not later than January 31, 2012.

On or before the third Wednesday of February 2012, the commission shall file a joint petition with the clerks of the senate and house of representatives the title of which is as follows: "An Act approving the recommendations of the Commission on Mandated Health Insurance Benefits in the Commonwealth.".

The petition described herein, introduced in the general court shall be referred to the joint committee on health care finance. The petition shall, at all times, include an emergency preamble. If the committee to which a petition described herein is referred has not reported such petition, or an identical petition, before May 18, 2012, such committee shall be, as of May 18, 2012, discharged from further consideration of such petition, and such petition shall be placed on the appropriate calendar of the day.

On or after the third day after the date on which the committee to which such a petition is referred has reported, or has been discharged from further consideration of, such a petition, it is in order (even though a previous motion to the same effect has been disagreed to) for any member of the house or senate to call for the previous question on the main question of the petition (but only on the day after the calendar day on which such member announces to the house or senate respectively concerned the member's intention to do so). All points of order against the petition (and against consideration of the petition) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the petition is agreed to, the respective house of the General Court shall immediately proceed to consideration of the joint petition without intervening motion, order, or other business, and the petition shall remain the unfinished business of the house or senate until disposed of.

Debate on the petition, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 5 hours, which shall be divided equally between those favoring and those opposing the petition. An amendment to the petition is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the petition is not in order. A motion to reconsider the vote by which the petition is agreed to or disagreed to is not in order.

Immediately following the conclusion of the debate on a petition described herein and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the house or senate, the vote on final passage of the petition shall occur.

Appeals from the decisions of the chair relating to the application of the rules of the senate or the house of representatives, as the case may be, to the procedure relating to a petition described herein shall be decided without debate.

If, before the passage by either the house or senate of a petition of the house or senate described herein, that house receives from the other house a petition described herein then the following procedures shall apply: (1) the petition of the other House shall not be referred to a committee and may not be considered in the house receiving it except in the case of final passage as provided herein and the procedures described herein shall govern.

This legislation is enacted by the General Court (1) as an exercise of the rulemaking power of the senate and house of representatives, respectively, and as such it is deemed a part of the rules of each house, respectively, but applicable only with respect to the procedure to be followed in that house in the case of a petition described in this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either house to change the rules (so far as relating to the procedure of that house) at any time, in the same manner, and to the same extent as in the case of any other rule of that house.

SECTION 39. The division of health care financing shall annually review and report on mandatory health insurance benefits and the cost of such benefits in the commonwealth. The report shall be filed annually with the clerks of the house and the senate on or before June 30th.

SECTION 40. Sections 1 to 37, inclusive, shall take effect June 1, 2012.

Name:	District/Address:	Date Added:
James J. Lyons, Jr.	18th Essex	1/20/2011
Geoff Diehl	7th Plymouth	2/3/2011
Steven L. Levy	4th Middlesex	2/4/2011
Marc T. Lombardo	22nd Middlesex	2/3/2011
Elizabeth A. Poirier	14th Bristol	2/3/2011