SENATE DOCKET, NO. 704        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 619

 

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 to address barriers to HIV prevention medication.

_______________

PETITION OF:

 

Name:

District/Address:

 

Julian Cyr

Cape and Islands

 

Jack Patrick Lewis

7th Middlesex

1/23/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/7/2023

Susannah M. Whipps

2nd Franklin

2/7/2023

Vanna Howard

17th Middlesex

2/7/2023

Sal N. DiDomenico

Middlesex and Suffolk

2/7/2023

Anne M. Gobi

Worcester and Hampshire

2/22/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/28/2023

James B. Eldridge

Middlesex and Worcester

3/14/2023

Brendan P. Crighton

Third Essex

3/14/2023

Susan L. Moran

Plymouth and Barnstable

3/30/2023

Mark C. Montigny

Second Bristol and Plymouth

4/4/2023

Jason M. Lewis

Fifth Middlesex

4/24/2023


SENATE DOCKET, NO. 704        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 619

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 619) of Julian Cyr, Jack Patrick Lewis, Joanne M. Comerford, Susannah M. Whipps and other members of the General Court for legislation to address barriers to HIV prevention medication.  Financial Services.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act to address barriers to HIV prevention medication.

 

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: (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-

“HIV”, human immunodeficiency virus.

“HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of HIV by the federal Food and Drug Administration, including any ancillary or support health service determined by the secretary of health and human services that is necessary to: (1) ensure that such a drug is prescribed or administered to a person who is not infected with HIV and has no medical contraindications to the use of such a drug; and (2) monitor such a person to ensure the safe and effective ongoing use of such a drug through: (A) an office visit; (B) laboratory testing; (C) testing for a sexually transmitted infection; (D) medication self-management and adherence counseling; (E) or any other health service specified as part of comprehensive HIV prevention drug services by the United States Department of Health and Human Services, the United States Centers for Disease Control and Prevention or the United States Preventive Services Task Force.

(b)(1) Notwithstanding any general or special law to the contrary, any policy, contract or certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G, 176I, 176J or 176Q of the General Laws that provides coverage for any HIV prevention drug shall not require:

(A) any cost-sharing, including co-payments or co-insurance, or any deductible; and

(B) prior authorization, step therapy or any other protocol that could restrict or delay the dispensing or provision of any HIV prevention drug.  

(2) The commissioner of the division of insurance, in consultation with the secretary of health and human services, shall adopt any written policies, procedures or regulations necessary to implement this subsection.