SENATE DOCKET, NO. 1903        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 518

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth J. Donnelly

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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 to require health care coverage for medically necessary treatment for certain students.

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PETITION OF:

SENATE DOCKET, NO. 1903        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 518

The Commonwealth of Massachusetts

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

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An Act to require health care coverage for medically necessary treatment for certain students.

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. Chapter 32A of the General Laws, as so appearing in the 2014 Official Edition, is hereby amended by inserting after section 27 the following section:-

Section 28. The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission benefits on a nondiscriminatory basis for the medically necessary treatment for speech therapy, occupational therapy, physical therapy, disease, illness, injury, or bodily dysfunction, which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.

SECTION 2. Chapter 175 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 47GG the following section:-

Section 47HH. An individual policy of accident and sickness insurance, issued under section 108, that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance, issued under section 110, that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for speech therapy, occupational therapy, physical therapy, disease, illness, injury, or bodily dysfunction, which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.

SECTION 3. Chapter 176A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 8II the following section:-

Section 8JJ. A contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for speech therapy, occupational therapy, physical therapy, disease, illness, injury, or bodily dysfunction, which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.

SECTION 4. Chapter 176B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 4II the following section:-

Section 4JJ. A subscription certificate under an individual or group medical service agreement, which is issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for speech therapy, occupational therapy, physical therapy, disease, illness, injury, or bodily dysfunction which are required by a students individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.

SECTION 5. Chapter 176G of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 4C the following section:-

Section 4C 1/2. A health maintenance contract, issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for speech therapy, occupational therapy, physical therapy, disease, illness, injury, or bodily dysfunction, which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.

SECTION 6. All policies, contracts and certificates of health insurance subject to section 28 of chapter 32A, section 47HH of chapter 175, section 8JJ of chapter 176A, section 4JJ of chapter 176B, and section 4C 1/2 of chapter 176G of the General Laws, which are delivered, issued or renewed on or after January 1, 2011, shall conform with the provisions of this act. Form filings implementing this act shall be subject to the approval of the commissioner of insurance.

SECTION 7. This act shall take effect on January 1, 2018.