SENATE DOCKET, NO. 2023        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1186

The Commonwealth of Massachusetts

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PRESENTED BY:

Julian Cyr

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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 HIV screening and prevention.

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PETITION OF:

SENATE DOCKET, NO. 2023        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1186

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to HIV screening and prevention.

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.  Section 117 of Chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in line 1, by inserting the words “prevention or” after the word “providing”.

SECTION 2.  Section 117 of chapter 111 of the General Laws, as so appearing, is hereby amended, in line 7, by inserting the words “prevention or” after the word “provide”.

SECTION 3.  Section 117 of chapter 111 of the General Laws, as so appearing, is hereby amended, in line 11, by inserting the words “prevention or” after the word “providing”.

SECTION 4.  Section 117 of chapter 111 of the General Laws, as so appearing, is hereby amended, in line 16, by inserting the words “prevention or” after the word “and”.

SECTION 5. Section 12F of chapter 112 of the General Laws, as so appearing, is hereby amended, in line 6, by inserting the words “, or for the prevention or treatment of any disease as defined as dangerous to the public health pursuant to section 6 of chapter 111” after the word “patient”.

SECTION 6. Section 12F of chapter 112 of the General Laws, as so appearing, is hereby amended, in line 14, by inserting the words “at risk of exposure to,” after the words “to be.”

SECTION 7. Section 12F of chapter 112 of the General Laws, as so appearing, is hereby amended, in line 18, by inserting the word “, prevention” after the word “diagnosis.”

SECTION 8. Notwithstanding any general or special law to the contrary, the department of public health shall study and make recommendations concerning the feasibility, benefits and costs of requiring insurance companies to provide reimbursement of out their established networks for: (a) providers providing prevention or treatment for persons suffering from venereal diseases; and (b) laboratory services provided by the state laboratory.

The department shall submit a report to the governor, the speaker of the house of representatives and the president of the senate, the joint committee on public health, and the joint committee on ways and means no later than 9 months after the passage of this outside section setting forth the department’s conclusions.

SECTION 9. Section 70F of chapter 111 of the General Laws is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraphs:-

A facility, as defined in section 70E, physician or health care provider shall not test any person for the presence of the HIV antibody or antigen without first notifying the person verbally or in writing that the test will be performed unless the person refuses the test, and providing an explanation of HIV infection and the meaning of positive and negative test results.  Said explanation may be delivered in writing, verbally, by video, electronic, or other means as may be designated by the facility, physician or health care provider.  The person shall also be offered the opportunity to ask questions and to decline the test. 

General consent for medical care shall be sufficient as consent for an HIV antibody or antigen test conducted pursuant to this section; a separate consent form for HIV antibody or antigen testing shall not be required. 

A person’s decision to decline the HIV antibody or antigen test may be documented in the medical record.            

A person shall not (1) disclose the results of an HIV antibody or antigen test to any person other than the subject of the test without first obtaining the subject's written informed consent; or (2) identify the subject of such tests to any person without first obtaining the subject's written informed consent. A written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information. No written or any other specific informed consent shall be required for the inclusion of the results of an HIV antibody or antigen test in an electronic health record as defined in section 1 of chapter 118I. 

No employer shall require HIV antibody or antigen tests as a condition for employment.

Whoever violates this section shall be considered to have violated section 2 of chapter 93A.

For the purpose of this section ''written informed consent'' shall mean a written consent form for each requested release of the results of an individual's HIV antibody or antigen test or for the release of medical records containing such information.

It shall not be a violation of this section for any physician, health care provider, health care institution or laboratory to report information to the department of public health under chapter 111 or chapter 111D and regulations promulgated thereunder. No physician, health care provider, health care institution or laboratory required to report shall be liable in any civil or criminal action by reason of any such report.

This section shall not apply to premortem and postmortem serological testing for purposes of donation under chapter 113A.