SENATE DOCKET, NO. 395        FILED ON: 1/13/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 617

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Julian Cyr

_________________

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 applied behavioral analysis therapy.

_______________

PETITION OF:

 

Name:

District/Address:

 

Julian Cyr

Cape and Islands

 

Michael D. Brady

Second Plymouth and Norfolk

2/7/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/7/2023

James B. Eldridge

Middlesex and Worcester

2/22/2023

Anne M. Gobi

Worcester and Hampshire

2/22/2023

Jason M. Lewis

Fifth Middlesex

3/7/2023

Michael O. Moore

Second Worcester

3/21/2023


SENATE DOCKET, NO. 395        FILED ON: 1/13/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 617

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 617) of Julian Cyr, Michael D. Brady, Joanne M. Comerford, James B. Eldridge and other members of the Senate for legislation relative to applied behavioral analysis therapy.  Financial Services.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 690 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to applied behavioral analysis therapy.

 

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 is hereby amended by adding the following section:-

Section 25A. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.  For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.

SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10L the following section:-

Section 10H1/2 The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.  For purposes of this section, “Down Syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.

SECTION 3.  Chapter 175 of the General Laws is hereby amended by inserting after section 47KK the following section:-

Section 47AA1/2.  Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.  For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.

SECTION 4.  Chapter 176A of the General Laws is hereby amended by inserting after section 8MM the following section:-

Section 8NDD1/2 Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.  For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.

SECTION 5.  Chapter 176B of the General laws is hereby amended by inserting after section 4MM the following section:-

Section 4DD1/2. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.  For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.

SECTION 6.  Chapter 176G of the General Laws is hereby amended by inserting after section 4EE the following section:-

Section 4V1/2.  An individual or group health maintenance contract that is issued or renewed shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.  For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.

SECTION 7. This act shall take effect on January 1, 2024.