SECTION 1. Section 4M½ of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Every person over the age of 18 who receives health care services from a primary care provider shall be offered a hepatitis C screening test or a hepatitis C diagnostic test unless the provider believes that: (i) the person is being treated for a life threatening emergency; (ii) the person has previously been offered or has received a hepatitis screening test; or (iii) the person lacks capacity to consent to a hepatitis C screening test.

SECTION 2. Section 4M½ of chapter 111 of the General Laws is hereby further amended by adding the following subsections:-

(c) The department shall make and from time to time revise regulations establishing in furtherance of the hepatitis C screening or hepatitis C diagnostic test requirements under subsection (b). 

(d) Such regulations required under subsection (c) shall include: (i) the frequency with which a primary care provider must offer a hepatitis C screening test or hepatitis C diagnostic test; and (ii) any fines and/or penalties for non-compliance with such regulations. 

SECTION 3.  The department shall promulgate the initial regulations required under subsection (c) and (d) of section 4M½ not later than 180 days following the effective date of this act.