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An Act relative to gender identity in insurance

H1089

HD2504

{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T13:53:31.217'}

[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T13:53:31.2166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1089/DocumentHistoryActions

Bill

By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1089) of Jay D. Livingstone relative to gender identity in insurance. Financial Services.

SECTION 1. Section 1 of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition for 'Foreign company'', the following definition:- “Gender identity” shall mean a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person's core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose. SECTION 2. Section 4C of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in line ___, the following words:- , gender identity. SECTION 3. Section 24A of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex ”, in line __, the following words:- or gender identity. SECTION 4. Section 120F of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in line ___, the following words:- , gender identity. SECTION 5. Section 122 of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in line ___, the following words:- , gender identity, and after the word “sex” in line ___, the following words:- , or gender identity. SECTION 6. This act shall take effect on January 1, 2024.

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An Act to provide consumers of adult-use and medical dispensaries of cannabis with access to a medical professional for consultation

H109

HD3212

{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-20T10:52:54.483'}

[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-20T10:52:54.4833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H109/DocumentHistoryActions

Bill

By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 109) of James K. Hawkins for legislation to provide consumers of adult-use and medical dispensaries of cannabis with access to medical professionals for consultations. Cannabis Policy.

SECTION 1. Adult-use and medical dispensaries of cannabis products shall provide access to a medical professional for consultation purposes should the consumer request it. SECTION 2. This act shall take effect upon its passage.

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An Act relative to transportation network company fees

H1090

HD3941

{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-20T15:14:50.37'}

[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-20T15:14:50.37'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:18:41.6566667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T10:05:50.6033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:19:32.9533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1090/DocumentHistoryActions

Bill

By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1090) of Jay D. Livingstone and others relative to transportation network company fees. Financial Services.

SECTION 1. Section 8 of Chapter 187 of the Acts of 2016 is hereby amended by striking (b) and replacing with the following section: (b)Pursuant to Section 23 of Chapter 176 of the Acts of 2022, each transportation network company shall submit to the director of the division established in the number of rides from the previous month that originated in each city or town and the amount collected from rider-assessments. Notwithstanding any other law, a rider-assessment is to be charged as follows: (i) $0.40 for a shared ride in which, prior to the commencement of the pre-arranged ride, a passenger requests through the transportation network company’s digital network, to share the ride with one or more passengers and each passenger is charged a fare that is calculated in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride. (ii) $1.20 for a pre-arranged ride other than a ride described in (i). (iii) $2.20 for any pre-arranged ride that is reserved as a luxury ride. (iv) A rider assessment shall not apply to a pre-arranged ride requested or selected by a rider who has requested or selected the pre-arranged ride through a program established by a public entity to provide transportation network services to individuals, including those who are eligible for paratransit services. Not later than June 30, the director shall post on the division’s website the aggregate number of rides from the previous calendar year originating within each city or town. SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2LLLLL the following section:- Section 2MMMMM. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Transit Authority Fund. The fund shall be credited any monies transferred under section 12 of chapter 159A½ and all monies credited to or transferred to the fund from any other fund or source. Expenditures from the fund shall be subject to appropriation; provided, that 50 per cent of the funds received shall be appropriated for the Massachusetts Bay Transportation Authority; and provided further, that 50 per cent of the funds received shall be appropriated for the regional transit authorities organized under chapter 161B or predecessor statutes. SECTION 3. Section 1 of Mass General Laws Chapter 159A½ is amended by adding the following definitions: “Shared ride”, a for-hire transportation trip, in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network to share the ride with one or more passengers, that separately request transportation and are each charged the same predetermined amount per ride, or are billed independently for a ride in an amount that is proportionate to the transportation they receive, regardless of whether the passenger actually shares all or part of the ride. “For-Hire Transportation Trip”, a ride in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network as a single passenger between points chosen by the passenger, regardless of the number of stops. This shall not include transportation provided by, or pursuant to a contract with a state agency or an institution. “Luxury Ride”, a for-hire transportation trip which is reserved by the rider as a luxury ride, premier ride, or other similar ride as designated by the transportation network company. SECTION 4. Section 2 of Chapter 159A½ as appearing in the 2016 Official Edition, is amended as follows: (d) A transportation network company shall provide clear and conspicuous transportation fare estimates to riders at all times, including during surge pricing, high volume and demand times; provided however, the per-ride assessment shall not apply to a pre-arranged ride requested or selected by a rider who has requested or selected the pre arranged ride through a program established by a public entity to provide transportation network services to individuals, including those who are eligible for paratransit services.. Fare estimates shall include a clear rate estimate or the amount of price increase resulting from surge pricing or increased demand and shall show the price difference between the cost of a shared-ride and a single-occupancy ride. SECTION 5. Section 10 of Chapter 159A½ as appearing in the 2016 Official Edition, is amended as follows: (a) A municipality identified in the fourteen cities or towns defined in Chapter 161A, section 1, that accepts the provisions of this section, may impose a congestion assessment of no more than $2.25 per ride during regular MBTA service hours. These funds would be dedicated for municipal investment in public transportation, bicycle and pedestrian investments, and electric vehicle charging infrastructure. (b) Other than those municipalities identified in (a), no municipality or other local state entity, except the Massachusetts Port Authority, may: (i) impose a tax on or require any additional license for a transportation network company, a transportation network driver or a vehicle used by a transportation network driver where the tax or licenses relate to facilitating or providing pre-arranged rides; (ii) require any additional license for a transportation network company or transportation network driver; or (iii) subject a transportation network company to the municipality’s or other local or state entity’s rates or other requirements, including but not limited to entry or operational requirements; provided, however, that a municipality or other local or state entity may regulate traffic flow and traffic patterns to ensure public safety and convenience. SECTION 6. Said chapter 159A½, as so appearing, is hereby further amended by adding the following 2 sections:- Section 12. (a) There shall be a Transportation Infrastructure Enhancement Trust Fund. The director of the division shall be the trustee of the Fund and shall expend money in the fund to address the impact of transportation network services. There shall be credited to the Fund: (i) any per-ride assessment collected pursuant to subsection (b); and (ii) any interest earned on money in the Fund. Amounts credited to the Fund shall be expended by the division pursuant to subsections (c) and (d) without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. (b) Annually, not later than February 1, each transportation network company shall submit to the director of the division the number of rides, broken down by shared rides and non-shared rides, including the number of luxury rides, from the previous calendar year that originated within each city or town and a per-ride assessment. (c) From the funds received from the per-ride assessment of shared and non-shared rides, the division shall: (i) proportionately distribute 50 per cent to a city or town based on the number of shared and non-shared rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program established in section 1 of chapter 90I and other programs that support alternative modes of transportation; and (ii) distribute 50 per cent to the Transit Authority Fund, established in section 2MMMMM of chapter 29. (d) From the funds received from the additional per-ride assessment for luxury rides, pursuant to subsection (b), the division shall annually: (i) proportionately distribute 50 per cent of the amount received to a city or town based on the number of luxury rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program established in section 1 of chapter 90I and other programs that support alternative modes of transportation; and (ii) distribute 50 per cent to the Transit Authority Fund, established in section 2MMMMM of chapter 29. (e) By December 31 of each year in which a city or town receives a disbursement of more than $25,000 from the Fund, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d). By December 31 of the year in which a city or town receives a cumulative total of more than $25,000 in disbursements from the Fund since its last report to the director of the division, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d) for each disbursement from the Fund since the city or town’s last report to the director of the division. For a city or town whose cumulative total disbursements from the Fund have not exceeded $25,000 in the 5 years since its last report to the director of the division, that city or town shall submit a report to the director of the division by December 31 of the fifth year since its last report to the director of the division. That report shall detail the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d) for each annual disbursement from the Fund since the city or town’s last report to the director of the division. The division shall withhold future disbursements from the Fund from any city or town that does not comply with the reporting requirements of this subsection. The withheld funds shall be disbursed when the city or town complies with the requirements of this subsection. On an annual basis, the director shall compile the reports and post the projects and amounts of money expended on the website of the division.

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An Act relative to reducing unnecessary delays in patient care

H1091

HD3250

{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:14:40.593'}

[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:14:40.5933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1091/DocumentHistoryActions

Bill

By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1091) of Christopher M. Markey relative to patient care. Financial Services.

SECTION 1. Subsection (b) of section 25 of chapter 176O of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “2 business days” and inserting in place thereof the following:- 24 hours.

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An Act reducing the costs for small business

H1092

HD298

{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:10:15.63'}

[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:10:15.63'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-16T10:08:34.1066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1092/DocumentHistoryActions

Bill

By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 1092) of Joseph D. McKenna and Ryan C. Fattman relative to the organization of limited liability companies. Financial Services.

SECTION 1. Section 12 of chapter 156C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking subsection (d) and inserting in place thereof the following:- “(d) The fee for the filing of the certificate of organization required by subsection (a) shall be two hundred fifty dollars. The fee for the filing of the annual report required by subsection (c) shall be two hundred fifty dollars. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.” SECTION 2. Section 1 shall be effective beginning January 1, 2016.

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An Act relative to ensuring treatment for genetic craniofacial conditions

H1093

HD2787

{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T16:27:34.377'}

[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T16:27:34.3766667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T16:27:34.7666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-20T11:34:48.7166667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-01T11:39:25.8433333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-01T11:39:25.8433333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-21T09:52:13.51'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-21T09:52:13.51'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-21T09:52:13.51'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T13:17:46.06'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T12:34:02.1066667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:34:02.1066667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-01T12:34:02.1066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-21T14:46:18.1'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-28T12:58:47.6866667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T12:58:47.6866667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-03T08:36:53.3833333'}]

{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T16:27:34.377'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1093/DocumentHistoryActions

Bill

By Representatives McMurtry of Dedham and Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1093) of Paul McMurtry, Dylan A. Fernandes and others for legislation to provide health insurance coverage for certain medically necessary functional repair or restoration of craniofacial disorders. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17N as appearing in the 2014 Official Edition, the following section:- Section 17O. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders, with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance or any abnormal structures caused by congenital disease of anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly. Including, but not limited to, ectodermal dysplasia, dentinogenesis imperfecta, amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the commission. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10I, inserted by section 105 of chapter 46 of the acts of 2015, the following section:- Section 10J. The division shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the division. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47GG, as appearing in the 2014 Official Edition, the following section:- Section 47HH. The following shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly.: (i) any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8II, as so appearing, the following section:- Section 8JJ. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta,and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4II, as so appearing, the following section:- Section 4JJ. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer. SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4AA, as so appearing, the following section:- Section 4BB. Any individual or group health maintenance contract shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer. SECTION 7. Chapter 176I of the General Laws, as so appearing, is hereby amended by inserting after section,12, as so appearing, the following section:- Section 13. An organization entering into a preferred provider contract shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital defects, developmental deformities, trauma, tumors, infections or disease. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer. SECTION 8. This act shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G and 176I, of the General Laws, as so appearing, issued or renewed, except any entity to the extent it offers a policy, certificate or contract that provides coverage for dental care services or vision care services.

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An Act expanding coverage of dental procedures

H1094

HD2202

{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T11:21:47.383'}

[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T11:21:47.3833333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-03-15T12:47:35.8066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-28T12:58:26'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-10-03T08:36:27.4533333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-10-03T08:36:27.4533333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-10-03T08:36:27.4533333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-10-03T08:36:27.4533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1094/DocumentHistoryActions

Bill

By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1094) of Paul McMurtry relative to expanding coverage of dental procedures. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17O, as inserted by chapter 233 of the acts 2016, the following section:- Section 17P. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for a dental procedure that is related to or resulting from a medical condition for which coverage is provided. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10J, as inserted by chapter 233 of the acts 2016, the following section:- Section 10K. The division shall provide coverage for a dental procedure that is related to or resulting from a medical condition for which coverage is provided. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47II, as inserted by chapter 233 of the acts 2016, the following section:- Section 47JJ. A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall provide coverage for a dental procedure that is related to or resulting from a medical condition for which coverage is provided. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK, as inserted by chapter 233 of the acts 2016, the following section:- Section 8LL. A 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 a dental procedure that is related to or resulting from a medical condition for which coverage is provided. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK, as inserted by chapter 233 of the acts 2016, the following section:- Section 4LL. A subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for a dental procedure that is related to or resulting from a medical condition for which coverage is provided. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC, as inserted by chapter 233 of the acts 2016, the following section:- Section 4DD. An individual or group health maintenance contract shall provide coverage for a dental procedure that is related to or resulting from a medical condition for which coverage is provided.

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An Act establishing the fair calculation of labor rates paid by insurance companies to auto repairers in the Commonwealth

H1095

HD2473

{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T13:30:23.95'}

[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T13:30:23.95'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-15T15:00:48.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1095/DocumentHistoryActions

Bill

By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1095) of Paul McMurtry for legislation to authorize the Commissioner of the Division of Insurance to set labor rates paid by insurance companies to auto repairers. Financial Services.

SECTION 1. Chapter 100A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 14 the following section:- Section 15. The commissioner of insurance shall set the minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops. In determining the minimum rate paid by insurers on all Massachusetts insured motor vehicle damage claims, the compensation for the minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops shall be calculated by utilizing the method described in this section. The compensation for the minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops shall be established by the repair shop submitting to the insurer 100 sequential customer-paid collision repair orders or 60 consecutive days of customer-paid collision repair orders, whichever is less, from which the repairer shall calculate the average customer paid hourly labor rate, which shall be declared the minimum hourly labor rate that the insurer will pay to the repairer. The minimum hourly labor rate shall go into effect 30 days following the declaration, subject to audit of the submitted collision repair orders by the insurer and a rebuttal of the declared rate. If the declared rate is rebutted, the insurer shall propose an adjustment of the minimum hourly labor rate based on the rebuttal not later than 30 days after submission. If the repairer does not agree with the minimum hourly labor rate proposed by the insurer, the repairer may file an action with the commissioner of insurance 30 days after receipt of the proposal by the insurer. In an action commenced under this section, the insurer shall have the burden of proving that the rate declared by the repairer was inaccurate or unreasonable. SECTION 2. Section 113B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “commissioner” in line 14, the following:- “; provided, however, that collision repair hourly labor rates, set pursuant to section 15 of chapter 100A, shall not be included when considering programs to control costs and expenses under this section or section 113H.” SECTION 3. Within 90 days of the enactment of Section 1, the commissioner of the division of insurance shall promulgate regulations necessary to implement the provisions of Sections 1 and 2, inclusive.

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An Act relative to unilateral contract changes

H1096

HD478

{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:12:48.19'}

[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:12:48.19'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:00:43.7033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1096/DocumentHistoryActions

Bill

By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1096) of Frank A. Moran and Estela A. Reyes relative to unilateral health care provider contract changes. Financial Services.

SECTION 1. Section 13F of chapter 118E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end the following new paragraph:- The division shall not make a contract with a health care provider which includes a provision permitting termination without cause. The division shall provide a written statement to a provider of the reason or reasons for such provider's involuntary disenrollment. The division shall not make a contract with a health care provider which includes a provision permitting the division to make a unilateral change to any material term or condition of such contract, including, but not limited to, changes to underlying fee schedules, payment terms, carrier policies or procedures, definitions of covered services or covered sites of services, policies associated with utilization review, quality management and improvement, credentialing or covered preventive health services, other than a change expressly required by law, unless the effective date of such unilateral change is after the end of the then-current term of such contract, and notice of such change was provided, in writing, to the health care provider more than 90 days before the date by which the health care provider must provide notice of termination or non-renewal to the division under such contract. Nothing herein shall prohibit the division and a health care provider from entering into a mutually-agreeable amendment to such contract. SECTION 2. Section 15 of chapter 176O of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection j and inserting in place thereof the following new subsection:- (j) No carrier shall make a contract with a health care provider which includes a provision permitting termination without cause. A carrier shall provide a written statement to a provider of the reason or reasons for such provider's involuntary disenrollment. No carrier shall make a contract with a health care provider which includes a provision permitting the carrier to make a unilateral change to any material term or condition of such contract, including, but not limited to, changes to underlying fee schedules, payment terms, carrier policies or procedures, definitions of covered services or covered sites of services, policies associated with utilization review, quality management and improvement, credentialing or covered preventive health services, other than a change expressly required by law, unless the effective date of such unilateral change is after the end of the then-current term of such contract, and notice of such change was provided, in writing, to the health care provider more than 90 days before the date by which the health care provider must provide notice of termination or non-renewal to the carrier under such contract. Nothing herein shall prohibit a carrier and a health care provider from entering into a mutually-agreeable amendment to such contract. SECTION 3. Section 4 of chapter 32A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first paragraph the following new paragraph:- The commission shall not purchase a policy providing health insurance benefits from an insurance company whose contract with a healthcare provider under said policy includes a provision permitting termination without cause. The commission shall not purchase a policy providing health insurance benefits from an insurance company whose contract with a healthcare provider under said policy includes a provision permitting the carrier to make a unilateral change to any material term or condition of such contract, including, but not limited to, changes to underlying fee schedules, payment terms, carrier policies or procedures, definitions of covered services or covered sites of services, policies associated with utilization review, quality management and improvement, credentialing or covered preventive health services, other than a change expressly required by law, unless the effective date of such unilateral change is after the end of the then-current term of such contract, and notice of such change was provided, in writing, to the health care provider more than 90 days before the date by which the health care provider must provide notice of termination or non-renewal to the carrier under such contract. Nothing herein shall prohibit an insurance company and a health care provider from entering into a mutually-agreeable amendment to such contract. SECTION 4. Section 4A of chapter 32A of the General Laws as appearing in the 2018 Official Edition, is hereby amended by inserting at the end of the first paragraph the following:- The commission shall not enter into such service-type contracts if said contract includes a provision permitting the termination without cause of a healthcare provider. The commission shall not enter into such service-type contracts if said contract includes a provision permitting the carrier to make a unilateral change to any material term or condition of such contract, including, but not limited to, changes to underlying fee schedules, payment terms, carrier policies or procedures, definitions of covered services or covered sites of services, policies associated with utilization review, quality management and improvement, credentialing or covered preventive health services, other than a change expressly required by law, unless the effective date of such unilateral change is after the end of the then-current term of such contract, and notice of such change was provided, in writing, to the health care provider more than 90 days before the date by which the health care provider must provide notice of termination or non-renewal to the carrier under such contract. Nothing herein shall prohibit an insurance company and a health care provider from entering into a mutually-agreeable amendment to such contract.

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An Act enhancing the mission of credit unions and promoting fair competition among financial institutions

H1097

HD479

{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:15:19.233'}

[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:15:19.2333333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:00:33.9466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1097/DocumentHistoryActions

Bill

By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1097) of Frank A. Moran and Estela A. Reyes relative to the mission of credit unions and promoting competition among financial institutions. Financial Services.

SECTION 1. Section 14 of said chapter 167 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the sixth paragraph the following two paragraphs:- If a person is eligible for membership in a credit union on the basis of living in a geographic area specified in the by-laws then the examination of its record of performance under this section shall assess its compliance with community reinvestment throughout the entire geographic area specified in the by-law. A foreign credit union applying to establish a branch office in the Commonwealth pursuant to section 8A of chapter 171 shall file with the Division of Banks the credit union’s assessment area for compliance with this section or a strategic plan for satisfying its continuing and affirmative obligation to help meet the credit needs of the communities in the Commonwealth it states it will serve. SECTION 2. Chapter 171 of the General Laws, as so appearing, is hereby amended by striking out section 10, as most recently amended by section 26 of chapter 338 of the Acts of 2020, and inserting in place thereof the following two sections:– Section 10. The by-laws may be amended at any annual meeting, or at a special meeting called for the purpose, by a majority vote of all of the members present and entitled to vote; provided, however, that the notice of the meeting and of the proposed amendment is given each member in the manner prescribed in said by-laws. . The by-laws containing the conditions of residence, occupation, or association that qualify persons for membership may be amended by a three-fourths vote of all of the members present and entitled to vote. The membership vote may only be held at the annual meeting; provided, that it may be held at a special meeting called for the purpose of a merger if the membership by-law amendment is a necessary component of the merger, as determined by the commissioner. No such amendment shall become operative until an application is submitted to and approved in writing by the commissioner. The vote of the credit union’s members must occur prior to the submission of an application and a certified copy of the vote shall be submitted with the application.  In order to be a valid vote on the amendment to the membership by-law, the number of members voting on the date set for the vote or voting by mail, if authorized in the by-laws, and received by that date must represent five per cent of the total number of members of the credit union as listed in the most recent call report filed with the National Credit Union Administration. It is prohibited for a member to vote by proxy. Section 10A. A credit union shall establish a written policy that the credit union will follow to verify that a person meets the qualifications for membership. The policy must identify the specific documents the credit union will accept for verification of residency, occupation, association, work location, family relationship or other membership criteria specified in the by-law. For each new member, a credit union shall retain a copy of the document used to verify a person’s qualification for membership. Such documentation shall be maintained and segregated on a calendar quarter and annual basis for review by examiners. SECTION 3. The second paragraph of section 11 of said chapter 171 , as most recently amended by section 27 of chapter 338 of the Acts of 2020, is herby amended by adding the following sentence:- A credit union that has more than 25,000 members as reported in its most recent quarterly report to the National Credit Union Administration shall provide its members with the option to vote by electronic means at any annual meeting or special meeting. SECTION 4. Section 3 of this act shall apply to any an annual meeting or special meeting held on or after two years from the effective date of this act.

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An Act relative to auto insurance costs for traditionally low-and moderate income communities

H1098

HD480

{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:17:51.737'}

[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:17:51.7366667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:00:24.91'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1098/DocumentHistoryActions

Bill

By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1098) of Frank A. Moran and Estela A. Reyes relative to motor vehicle insurance costs for traditionally low-and moderate income communities. Financial Services.

The commissioner of insurance shall conduct an investigation and study of the impact of geographic location data in automobile insurance rate calculation. The commissioner shall evaluate, at a minimum: (1) the automobile insurance premiums for each zip code in the commonwealth; (2) the difference in automobile insurance premiums for drivers with equivalent driving factors, such as accidents and miles driven per year, in low income, moderate income, and high income zip codes; (3) the risk factors for each zip code in the commonwealth; and (4) the discriminatory impact on drivers in low and moderate income zip codes. The commissioner shall make recommendations and shall submit findings to the joint committee on transportation and to the house and senate committees on ways and means not later than December 31, 2024.

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An Act establishing a transportation network driver bill of rights

H1099

HD2071

{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T10:06:12.737'}

[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T10:06:12.7366667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-25T12:05:44.7066667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:01:49.3'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-02T15:51:29.5233333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:56:10.55'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T13:55:56.25'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-08T14:05:59.5333333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T15:49:34.1866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-10T12:21:21.47'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-17T10:28:13.4266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T11:41:30.35'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T15:57:13.12'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-24T12:33:12.0733333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-03-02T11:25:42.53'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-07T16:11:23.9666667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-07T16:22:51.95'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-08T12:30:25.2766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-08T16:02:32.7133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:56:14.2'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-17T13:06:50.0833333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-03-17T13:11:32.75'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-04-05T15:35:10.53'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-05-17T14:40:15.5333333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-05-23T16:36:25.88'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-07-05T15:28:34.4766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-11T12:03:21.1833333'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-09-21T12:32:15.8666667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-09-27T11:14:12.3933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1099/DocumentHistoryActions

Bill

By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1099) of Frank A. Moran and others relative to establishing a transportation network driver bill of rights. Financial Services.

SECTION 1. Transportation Network Driver Representation and Negotiations of Recommended Standards. This section shall establish Chapter 150F of the General Laws to create the opportunity for workers in the digital transportation marketplace to combine into transportation network driver organizations and to negotiate on an industry-wide basis with companies in this industry on recommendations to the commonwealth that raise standards for the terms and conditions of work in this industry:- Section 1. Findings and policy. (A) The commonwealth of Massachusetts recognizes that the growing rate of technological advancement has fundamentally altered the way that many people are hired and employed, and work within the commonwealth. This technological advancement has generated new “digital marketplaces” in the transportation sector, in which companies connect, through electronic media, customers seeking passenger transportation services to persons willing to supply that transportation service. These persons often suffer poor pay, inadequate health coverage, and irregular or inadequate working hours. In fact, these deleterious conditions have harmed other companies and workers providing passenger transportation services by more traditional means. It is hereby declared that the best interests of the people of this commonwealth are served by stabilizing the workplace conditions and ameliorating the compensation and benefits of persons who supply their labor in the digital transportation marketplaces. This chapter shall be deemed an exercise of the police power of the commonwealth for the protection of the public welfare, prosperity, health and peace of the people of the commonwealth, and shall be liberally construed for the accomplishment of its purposes. It is further declared that the best interests of the people of this commonwealth are served by the prevention or prompt resolution of disputes between rideshare network companies and the persons who supply the labor to effectuate those services through collective bargaining, subject to approval and ongoing supervision by the commonwealth. (B) For the reasons set forth in subdivision A, it is the public policy of the commonwealth to displace competition with regulation of the terms and conditions of work for transportation network drivers set forth herein; and, consistent with this policy, to exempt from federal and commonwealth antitrust laws, the formation of industry councils and negotiation between transportation network companies and transportation network drivers to negotiate with one another on an industry-wide basis, and to supervise, evaluate and if approved, implement the resulting negotiated recommendations concerning the terms and conditions of work for all transportation network drivers in an industry when those recommendations are found by the Secretary of Labor to advance the public purposes stated in this section and are then made binding, regardless of the competitive consequences thereof. (1) The commonwealth intends that transportation network drivers have the right to form, join, or assist labor organizations, to be represented through representatives of their own choosing, and to engage in other concerted activities for the purpose of working with an industry council to create negotiated recommendations, which shall form the basis for industry regulations; (2) The commonwealth intends transportation network companies have the right to form multi-company associations to represent them while working with an industry council; (3) The intent and policy of the commonwealth is for the statutory and non-statutory labor exemptions from the federal antitrust laws and analogous commonwealth laws, to apply to transportation network drivers who choose to form, join or assist labor organizations in qualified labor activity in Massachusetts. (4) The commonwealth intends in authorizing and regulating transportation network companies and transportation network drivers engaging in qualified labor activity that state action immunity apply to this statute, and that such companies and drivers be immune from the federal and commonwealth antitrust laws to the fullest extent possible in their conduct pursuant to this statute; (5) The commonwealth will actively supervise the qualified labor activity conducted by transportation network companies and transportation network drivers pursuant to this statute to ensure that the conduct permitted by the statute protects the rights of workers, consumers, and companies, encourages collective negotiation and labor peace, and curtails any practices that may negatively impact the general welfare of workers, consumers, businesses, and the commonwealth economy and otherwise advances the purposes of this Act. Section 2. Definitions. “Active transportation network driver” or “active TND” means a transportation network driver so designated pursuant to the following process: Upon request by the board, each transportation network company (“TNC”) shall provide the board with information that identifies all transportation network drivers (“TND”) who completed five or more rides that originate in the commonwealth of Massachusetts on the TNC’s platform in the previous six months. Such information shall include only the name of the TND, the TND driver’s license number, and the number of rides the TND completed through the TNC’s platform in the previous six months. The board shall combine the data provided by all TNCs to determine the distribution of the number of rides completed by all TNDs for which data has been submitted, and then shall determine the median number of rides across TNDs for whom data has been submitted in the previous six months. Any TND who completed more than at least the median number of rides shall be considered an active transportation network driver in the rideshare industry. “Board” means the commonwealth employment relations board created by section 9R of Chapter 23 of the General Laws. “Company union” means any committee, employee representation plan, or association of workers or others which exists for the purpose, in whole or in part, of dealing with TNCs concerning grievances or terms and conditions of work for TNDs, which a TNC has initiated or created or whose initiation or creation it has suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations or elections the TNC participates in or supervises or which, on or after the effective date of this act, the TNC maintains, finances, controls, dominates, or assists in maintaining or financing unless required to do so by this chapter or any regulations implementing this chapter, whether by compensating anyone for services performed in its behalf or by donating free services, equipment, materials, office or meeting space or anything else of value, or by any other means. A TND organization shall not be deemed a company union only because it has negotiated or been granted the right to designate workers to be released with pay for the purpose of providing representational services in labor-management affairs on behalf of workers or represented by the TND organization, or where, in the course of providing representational services to workers for whom it is the exclusive bargaining representative, a TNC allows agents of the TND organization to meet with workers at the TNC’s premises. “Exclusive bargaining representative” means a TND organization certified by the board, in accordance with this chapter, as the representative of TNDs in a bargaining unit. “Network company” means a TNC, except that a business entity that maintains an online-enabled application or platform that meets all three of the following tests is not a network company: (a) it is used to facilitate primarily non-rideshare services within the commonwealth of Massachusetts, (b) less than seven and one-half percent of service requests fulfilled through the platform on an annual basis are for rideshare services, and (c) fewer than ten thousand service requests fulfilled through the platform in any year are for rideshare services, is not a network company. For purposes of this paragraph, all applications or platforms that any related corporate entities under common control maintain shall be considered a single application or platform. “Transportation network driver” or “TND” means a transportation network driver as described by § 1 of Chapter 159A1/2 of the General Laws. TND shall not include any individual who, with respect to the provision of services through a TNC’s online enabled-application or platform, is an employee within the meaning of section 29 U.S.C. § 152(3). “Transportation network driver organization” or “TND organization” means any organization in which network drivers participate, and which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with network companies concerning grievances, terms or conditions of work, or of other mutual aid or protection and which is not a company union as defined herein. “Transportation network company” or “TNC” means a transportation network company as described by § 1 of Chapter 159A1/2 of the General Laws. “Unfair work practices” means only those unfair work practices listed in section 4, below. section 3. Rights of TNDs. TNDs shall have the right of self-organization, to form, join, or assist TND organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion by TNCs, but nothing contained in this chapter shall be interpreted to prohibit TNDs from exercising the right to confer with TNCs at any time, provided that during such conference there is no attempt by such company, directly or indirectly, to interfere with, restrain or coerce such workers in the exercise of the rights guaranteed by this section. Section 4. Unfair work practices. (A) It shall be an unfair work practice for a TNC to 1. fail or refuse to provide the board with an accurate list of the names, trips or deliveries made, and contact information of TNDs, as required by this chapter; 2. refuse to negotiate in good faith with a certified or recognized TND organization representing TNDs engaged with such TNC concerning wages, hours, or terms and conditions of work. Since the obligation to negotiate in good faith includes an obligation to provide requested information that has a bearing on the bargaining process, it is also an unfair work practice for a TNC to refuse to provide a certified or recognized TND organization with relevant information requested by the TND organization for the performance of its duties as the TND’s bargaining representative; 3. refuse to provide a TND organization with a list of the names, addresses and telephone numbers of TNDs where the provision of such list is required by this chapter; 4. refuse to continue all the terms of a determination of terms and conditions of work prescribed by the Secretary of Labor pursuant to this chapter until a new determination is prescribed; 5. lockout TNDs. The term “lockout” shall mean, for the purposes of this section, a refusal by a TNC to permit a TND normal access to the TNC’s means of connecting TNDs to individuals seeking transportation service as a result of a dispute with such workers or a TND organization representing such workers that affects wages, hours and other terms and conditions of work of such workers, provided, however, that a lockout shall not include a termination of engagement of a worker for good cause that does not involve such worker exercising any rights guaranteed by this chapter. 6. To spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of TNDs or those workers’ representatives or any other person, any activities of such workers or those workers’ representatives in the exercise of the rights guaranteed by this chapter. 7. To dominate or interfere with the formation, existence, or administration of any TND organization, or to contribute financial or other support to any such organization, by any means unless required to by this chapter or by any regulations implementing this chapter, including but not limited to the following: (i) by participating or assisting in, supervising, controlling or dominating (1) the initiation or creation of any such organization or (2) the meetings, management, operation, elections, formulation or amendment of constitution, rules or policies, of any such organization (ii) by offering incentives to TNDs to join any such organization; (iii) by donating free services, equipment, materials, office or meeting space or anything else of value for the use of any such organization; provided that a TNC shall not be prohibited from permitting workers to perform representational work protected under this chapter during working hours without loss of time or pay or from allowing agents of a TND organization that is the exclusive representative of its network workers from meeting with workers on its premises. 8. To require a TND to join any company union or TND organization or to refrain from forming, or joining or assisting a TND organization of their own choosing. 9. To encourage membership in any company union or discourage membership in any TND organization, by discrimination in regard to hire or tenure or in any term or condition of employment or engagement. 10. To discharge or otherwise discriminate against a TND because they have signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter. 11. To distribute or circulate any blacklist of individuals exercising any right created or confirmed by this chapter or of members of a TND organization, or to inform any person of the exercise by any individual of such right, or of the membership of any individual in a TND organization for the purpose of preventing individuals so blacklisted or so named from obtaining or retaining opportunities for remuneration. l2. To do any acts, other than those already enumerated in this section, which interfere with, restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter. (B) It shall be an unfair work practice for a TND organization to 1. Refuse to collectively bargain in good faith with a TNC, provided it is the certified or recognized representative of the company’s workers. Since the obligation to negotiate in good faith includes an obligation to provide requested information that has a bearing on the bargaining process, it is also an unfair work practice for a certified or recognized TND to refuse to provide information requested by aTNC organization that is relevant to the bargaining process; 2. restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter, provided that this paragraph shall not impair the right of a TND organization to prescribe its own rules with respect to the acquisition or retention of membership in the organization; 3. fail to fulfill its duty of fair representation toward TNDs where it is the exclusive bargaining representative by acts or omissions that are arbitrary, discriminatory, or in bad faith. (C). Prevention of unfair work practices. 1. The board is empowered and directed, as hereinafter provided, to prevent any TNC, and any TND organization from engaging in any unfair work practice described in this chapter. This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law or by the determination provided for in section 7(F), below. In order to prevent unfair work practices, each TNC shall, at least once each year, send a text message and an e-mail to each of its active TNDs in a form determined by the board notifying the TNDs of their rights under this chapter, and the procedure for filing an unfair work practice charge. The board shall also post a copy of this notice on its website. 2. Whenever it is charged that any TNC or TND organization has engaged in or is engaging in any such unfair labor practice, the board, or any agent or agency designated by the board for such purposes, shall have power to issue and cause to be served upon such TNC or TND organization a complaint stating the charges in that respect, and containing a notice of hearing before the board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint. Any such complaint may be amended by the member, agent or agency conducting the hearing or the board in its discretion at any time prior to the issuance of an order based thereon. The TNC or TND organization so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent or agency conducting the hearing or the board, any other person may be allowed to intervene in the said proceeding and to present testimony. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling. 3. If upon the record before them such member or agent shall determine that an unfair labor practice has been committed by a TNC or TND organization named in the complaint, they shall issue and cause to be served upon such person an order requiring such person to cease and desist from such unfair labor practice, and to take such further affirmative action as will effectuate the provisions of this chapter including, but not limited to (i) withdrawal of recognition from and refraining from bargaining collectively with any organization or association, agency or plan defined in this chapter as a company union or established, maintained or assisted by any action defined in this chapter as an unfair labor practice; (ii) awarding of back pay or other restoration of compensation without any reduction based on the TND’s interim earnings or failure to earn interim earnings, consequential damages, and an additional amount as liquidated damages equal to two times the amount of damages awarded; (iii) requiring reengagement or reestablishment of the TNC’s preexisting relationship with an improperly, adversely affected TNDs with or without compensation, or maintenance of a preferential list from which such worker shall be re-engaged or the relationship reestablished, and such order may further require such respondent to make reports from time to time showing the extent to which the order has been complied with; (iv) requiring respondent to provide the complainant with a list of all TNDs, together with those workers’ physical and e-mail addresses and known telephone numbers; and (v) requiring the TNC to recognize and bargain with a TND organization if the board determines that the unfair work practice interfered with the TND’s right to form or join a TND organization. If the member or agent determines that an unfair labor practice has not been committed, they shall issue an order dismissing the complaint. An order issued pursuant to this subsection shall become final and binding unless, within ten days after notice thereof, any party requests review by the full board. A review may be made upon a written statement of the case by the member or agent agreed to by the parties, or upon written statements furnished by the parties, or, if any party or the board requests, upon a transcript of the testimony taken at the preliminary hearing, if any, together with such other testimony as the board may require. If upon the record before it the board determines that an unfair practice has been committed it shall state its findings of fact and issue and cause to be served on the TNC or TND organization an order requiring such company or organization to cease and desist from such unfair labor practice, and to take such further affirmative action as will effectuate the provisions of this chapter. If upon the record before it the board determines that an unfair labor practice has not been committed, it shall state its findings of fact and shall issue an order dismissing this complaint. 4. Until the record in a case shall have been filed in a court, as hereinafter provided, the board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. 5. The board may institute appropriate proceedings in the appeals court for enforcement of its final orders. 6. Any party aggrieved by a final order of the board may institute proceedings for judicial review in the appeals court within thirty days after receipt of said order. The proceedings in the appeals court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A. 7. Injunctive relief. (i) A party filing an unfair work practice charge under this section may petition the board to obtain injunctive relief, pending a decision on the merits of said charge by an administrative law judge, upon a showing that: (i) there is reasonable cause to believe an unfair work practice has occurred, and (ii) it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating the maintenance of, or return to, the status quo to provide meaningful relief. Such immediate and irreparable harm may include the chilling of workers in the exercise of rights provided by this chapter. (ii) Within ten days of the receipt by the board of such petition, if the board determines that a charging party has made a sufficient showing both that there is reasonable cause to believe an unfair work practice has occurred and it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief, the board shall petition the supreme court, upon notice to all parties for the necessary injunctive relief or, if the board determines not to seek injunctive relief, the charging party may seek injunctive relief by petition to the supreme court, in which case the board must be joined as a necessary party. The board or, where applicable, the charging party, shall not be required to give any undertakings or bond and shall not be liable for any damages or costs which may have been sustained by reason of any injunctive relief ordered. If the board fails to act within ten days as provided herein, the board, for purposes of review, shall be deemed to have made a final order determining not to seek injunctive relief. In the case of a TNC’s failure to provide an accurate list of names and addresses of TNDs, immediate and irreparable injury, loss, or damage shall be presumed. (iii) Injunctive relief may be granted by the court, after hearing all parties, if it determines that there is reasonable cause to believe an unfair work practice has occurred and that it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief. Such relief shall expire on decision by an administrative law judge finding no unfair work practice to have occurred, successful appeal of the grant of injunction relief, or motion by respondent to vacate or modify pursuant to the provisions of the rules of civil procedure, or subsequent finding by the board that no unfair work practice has occurred. The administrative law judge shall conclude the hearing process and issue a decision on the merits within sixty days after the imposition of such injunctive relief unless mutually agreed by the respondent and charging party. (iv) A decision on the merits of the unfair work practice charge by an administrative law judge finding an unfair work practice to have occurred shall continue the injunctive relief until either: (i) the respondent fails to file exceptions to the decision and implements the remedy, or (ii) the respondent successfully moves in court, upon notice, to vacate or modify the injunctive relief pursuant to provisions of Chapter 30A of the General Laws. (v) Any injunctive relief in effect pending a decision by the board on exceptions to administrative law judge’s decision: (i) shall expire upon a decision by the board finding no unfair work practice to have occurred, of which the board shall notify the court immediately, or (ii) shall remain in effect only to the extent it implements any remedial order issued by the board in its decision, of which the board shall notify the court immediately. (vi) The appeal of any order granting, denying, modifying or vacating injunctive relief ordered by the court pursuant to this subdivision shall be made in accordance with the rules of appellate procedure. (vii) Except as provided in this section, judicial review of the orders of the board shall be as provided for section 9, below. Section 5. Representatives. (A) At the conclusion of each calendar quarter (March 31, June 30, September 30, December 31), each TNC shall have 30 days to submit to the board in an electronic format to be determined by the board, the names, phone numbers, mailing addresses, and email addresses for each active TND. These records shall not be subject to disclosure pursuant to Chapter 66 of the General Laws. (B) Bargaining units. For purposes of this chapter, each TND shall be included in an industry-wide bargaining unit of all TNDs. (C) Showing of designation of representative. A TND organization may demonstrate that it has been designated as a bargaining representative by presenting to the board cards, or petitions, or other evidence, which may be in electronic form, sufficient to show the TND has authorized the TND organization to act as the worker’s exclusive bargaining representative. In order to be valid, such card, petition, or other evidence must have been executed by the worker within one year of the date the TND organization submits the evidence to the board. Execution may be electronic. (D) Representative status. Upon the request of a TND organization, the board shall make a determination that such organization has been designated as bargaining representative by at least five percent of active TNDs in an appropriate bargaining unit. Once the board determines that the TND organization has been designated as the bargaining representative of at least five percent of active TNDs in an appropriate bargaining unit, the board shall (1) require each TNC to send a notice, in a form determined by the board, that the TND organization is seeking to represent TNDs for the purpose of initiating a bargaining process in order to establish terms and conditions for the industry; and (2) provide the TND organization with a complete list of names, phone numbers, mailing address, and electronic mail address for all active TNDs in the bargaining unit. The board will provide the TND organization with an updated list each quarter for the next year. For six months from the date of the board’s determination that a TND organization has met the five percent threshold in a bargaining unit, no other TND organization may be certified as the exclusive bargaining representative of those workers without an election. Exclusive representative status. A TND organization that provides evidence to the board that it has been designated as bargaining representative by twenty-five percent of active TNDs in the bargaining unit shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. In the alternative, a TND organization that has been designated as the bargaining representative of at least five percent of active TNDs in the bargaining unit may petition the board to conduct an election. The election shall be conducted as expeditiously as possible, and if the TND organization receives a majority of valid votes cast it shall be certified as the exclusive bargaining representative. Determination of Exclusive Representative Status in the Event of a Dispute among TND organizations. (i) If a TND organization seeking certification as the exclusive bargaining representative provides evidence that shows that less than a majority of active TNDs have designated the TND organization as their bargaining representative, the board shall wait seven days before certifying the TND organization as exclusive bargaining representative, and if, during those seven days, another TND organization provides evidence that at least 25 percent of active TNDs in the bargaining unit have designated it as their bargaining representative, or a TND provides evidence that at least 25 percent of active TNDs in the bargaining unit do not wish to be represented by any TND organization, then the board shall hold an election among all active TNDs in the bargaining unit. Such election shall be conducted as expeditiously as possible. A TND organization receiving a majority of the valid votes cast shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. When two or more TND organizations are on the ballot and none of the choices (the TND organizations or “no worker organization”) receives a majority of the valid votes cast, there shall be a run-off election between the two choices receiving the largest and second largest number of votes. A TND organization receiving a majority of the valid votes cast in the run-off shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit, and it shall owe a duty to fairly represent all such workers. For purposes of this provision, the operative list of active TNDs shall be based on the most recent quarterly list provided by the TNCs in accordance with section 5(1). (ii) A TND organization certified as the exclusive bargaining representative shall have the exclusive authority to represent the TNDs in the bargaining unit, without challenge by another TND organization, for the greater of (i) one year following certification; or (ii) the length of time that a final determination rendered by the Secretary of Labor under section 7(F) is in effect, provided that such period shall not be longer than three years following the date of issuance of such final determination. During the times when an exclusive bargaining representative is subject to challenge, TNDs may file for a decertification election upon a showing that at least twenty-five percent of the active TNDs in the bargaining unit have demonstrated support for the decertification. The board will then schedule an election to determine whether the TND organization has retained its status as exclusive bargaining representative. The TND organization shall retain its status as exclusive bargaining representative if it receives a majority of valid votes cast by active TNDs in the bargaining unit. (iii) In the event that a TND organization has been designated the exclusive bargaining representative with respect to a bargaining unit, only that TND organization shall be entitled to (i) receive from the TNCs with workers covered by the bargaining unit a list of all of their TNDs, together with phone numbers, mailing addresses, and electronic mail addresses; and (ii) shall be entitled to engage in bargaining with such TNCs for recommendations to the Secretary of Labor concerning wages, benefits and terms and conditions of work of such workers. (iv) Dues Deduction. A TND organization that has been designated as the exclusive bargaining representative with respect to a bargaining unit shall have a right to membership dues deduction upon presentation of dues deduction authorization cards signed by individual TNDs, which may be in electronic form. A TNC shall commence making such deductions as soon as practicable, but in no case later than thirty days after receiving proof of a signed dues deduction authorization card, and such dues shall be submitted to the TND organization within thirty days of the deduction. A TNC shall accept a signed authorization to deduct dues in any format permitted by Title XV, Chapter 110G. The right to such membership dues deduction shall remain in full force and effect until an individual revokes membership in the TND organization in writing in accordance with the terms of the signed authorization. Section 6. Employment Relations Board Administrative Fees. Beginning on the date that a TND organization is certified as the exclusive bargaining representative, each TNC shall impose a fee of ten cents per trip, which the board shall collect. The board shall use such fees to issue grants to the exclusive bargaining representative to educate TNDs regarding the TND bill of rights, to provide assistance in enforcing those rights, and to enforce the terms of an agreement or determination approved by the Secretary of Labor under this Chapter. (A) The fee shall be ten cents per ride on each trip originating in the State performed by a TND. Beginning in 2024, the fee shall be adjusted annually to reflect any increase in inflation as measured by the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics. The board shall calculate and publish the adjustments required by this subparagraph. (B) The fee shall be displayed to customers as a “Employment Relations Board Administrative Fee.” (C) The board shall by regulation adopt an exclusive bargaining representative grant application and criteria for evaluating such grant applications, including criteria to ensure that the exclusive bargaining representative has the capacity and expertise to provide education and enforcement support to TNDs. If the exclusive bargaining representative meets the criteria established by the board, the board shall approve the grant application and remit the fees to the exclusive collective bargaining representative on a monthly basis, with each payment occurring no more than thirty days following the end of the month. The fees shall be used by the TND organization solely to educate TNDs regarding this bill of rights, to provide assistance in enforcing those rights, and to enforce the terms of any agreement or determination approved by the Secretary of Labor under this Chapter. No portion of such fees shall be used for political contributions or lobbying. In the event no such grant is awarded or if the fees collected exceed the grant awarded, the board shall use such fees for educational activities regarding the provisions of this Chapter. (D) Each exclusive bargaining representative shall submit an annual report to the board in a form to be determined by the board setting forth how the fees have been utilized. The board shall review each annual report and certify whether the exclusive bargaining representative is utilizing the fees for appropriate activities and continues to meet the grant application criteria. The board shall by regulation adopt a process by which it may suspend or revoke grants based on the failure to utilize the fees for educational or enforcement activities or the failure to meet the grant application criteria. If the board finds that the exclusive bargaining representative does not meet the grant application criteria, the board may utilize the fees for its own educational and enforcement activities, and the exclusive bargaining representative may reapply for a grant in the following year. Section 7. Bargaining, Impasse resolution procedures, and final determination by the Secretary of Labor Once the board determines that a TND organization is the exclusive bargaining representative for a bargaining unit, the board shall notify all TNCs in that industry, and all such TNCs shall be required to bargain with the exclusive bargaining representative concerning wages, benefits, and terms and conditions of work. The terms and conditions to be bargained include, but are not limited to, the criteria for deactivating a TND and a dispute resolution procedure for resolving claims alleging unjust deactivation. To facilitate negotiations, the TNCs may form an industry association to negotiate on their behalf. If the TNCs choose not to form an association, any recommended agreement must be approved by (i) at least two industry member TNCs and (ii) member TNCs representing at least eighty percent of the market share of that industry in Massachusetts, with votes determined in proportion to the number of rides completed by TNDs contracting directly with the TNC in the two quarters preceding the recognition of the certified representative. Once the TND organization and the TNCs have reached a set of negotiated recommendations for the industry, the negotiated recommendations shall be submitted by the TND organization to a vote by all TNDs in the industry who have completed at least one hundred trips in the previous quarter. If approved by a majority of TNDs who vote, the negotiated recommendations shall be submitted to the Secretary of Labor for approval. If a majority of valid votes cast by the TNDs are not in favor of the negotiated recommendations, the transportation network worker organization and the TNCs will resume bargaining. For purposes of this section, an impasse may be deemed to exist if the TNCs and exclusive bargaining representative have failed to achieve agreement by the end of a one hundred eighty-day period from the date a TND organization has been designated as the exclusive bargaining representative or from the expiration date of a prior determination by the Secretary of Labor as provided for in paragraph F, below. Upon impasse, any of the affected TNCs or the exclusive bargaining representative may request the board to render assistance as provided in this section. Upon receiving a timely request from an exclusive bargaining representative for commencement of an impasse proceeding, the board shall aid the parties as follows: To assist the parties to effect a voluntary resolution of the dispute, the board shall appoint a mediator from a list of qualified persons maintained by the board; the parties shall be free to select a mediator satisfactory to them or to decline such selection. If the mediator is unable to achieve agreement between the parties concerning an appropriate resolution within thirty days after the board has provided the parties the list of mediators, any party may petition the board to refer the dispute to an arbitrator. Upon timely petition of either party, the board shall refer the dispute to an arbitrator as hereinafter provided. (i) Prior to submitting the dispute to an arbitrator, the board shall conduct an election among all TNDs in the industry who have completed at least one hundred trips in the previous quarter. The TNDs will choose between submitting the dispute to the arbitrator or decertifying the exclusive bargaining representative. If the majority of eligible votes cast are for decertification the exclusive bargaining representative shall be decertified and any existing regulations shall remain in place until they expire as provided in paragraph F below. (ii). If a majority of TNDs who vote choose to have an arbitrator appointed, the exclusive bargaining representative shall notify the board of the need to appoint an arbitrator, and the board shall notify the TNCs of this request. Each of the two groups of affected parties (affected TNCs being one group, and the exclusive bargaining representative being the other group) shall have an equal say in the selection of the arbitrator and each of the two groups shall share equally the cost of the arbitrator. If the parties are unable to agree upon the arbitrator within seven days after the board notifies the TNCs of the need to appoint an arbitrator, the board shall submit to the parties a list of qualified, disinterested persons for the selection of an arbitrator. A representative of each of the two groups shall alternately strike from the list one of the names with the order of striking determined by lot, until the remaining one person shall be designated as the arbitrator. Each group shall select its representative for this purpose as it sees fit. A group’s failure to agree upon the designation of its representative shall result in the failure of the striking procedure, but shall not impede the board’s appointment of the arbitrator upon such failure. The striking process shall be completed within five days of receipt of the board’s list. The representatives who undertake the striking shall notify the board of the designated arbitrator. In the event the parties are unable to select the arbitrator within five days following receipt of this list, the board shall appoint the arbitrator. (iii) The arbitrator shall hold hearings on all matters related to the dispute. The parties may be heard either in person, by counsel, or by other representatives, as they may respectively designate. The arbitrator shall determine the order of presentation by the parties, and shall have discretion and authority to decide all procedural issues that may be raised; (vi) The parties, including all TNCs engaging at least fifty TNDs in the bargaining unit and the exclusive bargaining representative affected, may present, either orally or in writing, or both, statements of fact, supporting witnesses and other evidence, and argument of their respective positions with respect to each case. The arbitrator shall have authority to require the production of such additional evidence, either oral or written as she or he may desire from the parties and shall provide at the request of either group of parties that a full and complete record be kept of any such hearings, the cost of such record to be borne by the requesting party. If such record is created, it shall be shared with all parties regardless of which party paid for it. (v) Any TNC engaging less than fifty TNDs in the bargaining unit shall have the opportunity to make a written submission to the arbitrator. (vi) The arbitrator shall make a just and reasonable determination of the matters in dispute, and shall issue a determination that shall apply to all TNCs in the bargaining unit and the exclusive bargaining representative. In arriving at such determination, the arbitrator shall specify the basis for their findings, taking into consideration, in addition to any factors recommended by the parties that the arbitrator finds to be consistent with this chapter, the following: whether the wages, benefits, hours and conditions of work of the TNDs are sufficient to provide those individuals a standard of living that permits them to rent or own housing in the community, and to sustain themselves and their families in good health, and reasonable prosperity, including money set aside for emergencies and retirement. This amount must take into account the real cost of living, it may substantially exceed any statutory minimum wage, and should be a sufficient amount such that the TNDs and their dependents do not need to rely upon any public benefits; whether the most efficient way to provide benefits is through a portable benefits fund, and if so, how to best assess each TNC a portion of the costs of providing those benefits; the financial ability of the affected TNCs to pay for the compensation and benefits in question and the impact on the delivery of services provided by the companies; the establishment of reasonable dispute resolution mechanisms that will allow TNDs a reasonable expectation of uninterrupted work and permit TNCs to alter or terminate their relationships with workers if there is just cause for such; and comparison of peculiarities in regard to other trades or professions, including specifically, (i) hazards of work; (ii) physical qualifications; (iii) educational qualifications; (iv) mental qualifications; (v) job training and skills. (F) Any recommendations agreed upon between TNCs and a TND organization acting as exclusive bargaining representative of TNDs in the bargaining unit and/or any determination reached by an arbitrator under this chapter shall be subject to review and approval by the Secretary of Labor. In deciding whether to grant approval to the arbitrator’s recommendations, the Secretary of Labor’s decision shall be based on the factors specified in paragraph C (3)(d), above, and the policies set forth in section 1. In deciding whether to approve such agreement or determination, the Secretary of Labor shall afford the exclusive representative, all TNCs, and TNDs the opportunity to submit comments and arguments concerning whether approval is warranted. the Secretary of Labor shall be entitled to approve or disapprove the agreement or determination. In the event of disapproval, the Secretary of Labor may make recommendations for amendments to the agreement or determination that would cause the Secretary of Labor to approve and afford the parties an opportunity to respond to those recommendations. The final determination by the Secretary of Labor shall include a date following which new terms may be set for the bargaining unit which date shall not be more than three years following the date of the issuance of the determination. If during the three year period (or any lesser period that the Secretary of Labor sets as a duration for the final determination), the Secretary of Labor determines that market conditions have changed, the Secretary of Labor shall give the exclusive bargaining representative, all TNCs, and TNDs the opportunity to submit comments and arguments concerning whether the final determination should be modified, and after receiving those comments, the Secretary of Labor may modify the final determination. Section 8. No agreement or determination made pursuant to this chapter shall diminish or erode a minimum labor standard that would otherwise apply to a TND. Section 9. This law shall not preempt any commonwealth enactment which provides greater benefits or protection to a TND. Section 10. Judicial Review. (A) Final orders of the board made pursuant to this chapter shall be conclusive against all parties to its proceedings and persons who have had an opportunity to be parties to its proceedings unless reversed or modified in proceedings for enforcement or judicial review as herein provided. Final orders of the board shall be subject to review as provided in section 6 of Chapter 150A of the General Laws, provided that a final order of the board under section 5 of this chapter concerning the scope of bargaining units or the designation of a TND organization as an exclusive bargaining representative or as entitled to the production of lists of TNDs shall only be overturned if it is found to be arbitrary and capricious. (B) Final orders of the Secretary of Labor pursuant to section 7(F) of this chapter shall be conclusive against all affected TND organizations and all TNCs in the industry unless reversed or modified in proceedings for enforcement or judicial review as herein provided. Such final orders shall be subject to review in accordance with the provisions of section fourteen of chapter 30A of the General Laws, provided, however, that the determination of the Secretary of Labor shall only be overturned if it is found to be arbitrary and capricious. (C) Except in a proceeding brought to challenge a final order of the Secretary of Labor, the determination of an arbitrator shall not be subject to judicial review. Section 11. Rules and Regulations. The board shall make such rules and regulations as may be appropriate to effectuate the purposes and provisions of this chapter. SECTION 2. Regulation of Transportation Network Companies, Minimum Compensation, and Earned Sick Time. Section 1. Chapter 159A1/2 of the General Laws is hereby amended by striking out Section 1, and inserting in place thereof the following section:- Section 1. Definitions As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: “Background check clearance certificate”, verification issued by the division to a transportation network company and driver applicant, electronically or otherwise, that a driver applicant successfully completed the background check required under section 3 and is suitable to provide transportation network services. “Cruising”, the driving of a vehicle on the streets, alleys or public places of motorized travel in search of or soliciting hails from a person in the street. “Department”, the department of public utilities. “Digital network”, any online-enabled application, software, website or system offered or utilized by a transportation network company that enables pre-arranged rides with transportation network drivers. “Division”, the division established in section 23 of chapter 25. “Engaged time,” the total time a transportation network driver spent on the way to pick up a rider in addition to the total time the transportation network driver spent providing that rider with a pre-arranged ride,” “Pre-arranged ride”, a period of time that begins when a transportation network driver accepts a requested ride through a digital network, continues while the driver transports the transportation network company rider and ends when the rider safely departs from the vehicle. “Transportation network company” or “TNC”, a corporation, partnership, sole proprietorship or other entity that uses a digital network to connect riders to drivers to pre-arrange and provide transportation. “Transportation network company permit” or “permit”, a document that may be issued by the division to a qualifying transportation network company pursuant to this chapter. “Transportation network driver” or “TND,” a driver certified by a transportation network company who provides services through a TNC’s on-line enabled application or platform and provides service for which the pick up of the passenger occurs within the Commonwealth. “Transportation network driver certificate” or “driver certificate”, an authorization to provide transportation network services issued by the transportation network company to a transportation network driver. “Transportation network rider” or “rider”, a passenger in a pre-arranged ride provided by a transportation network driver, provided that the passenger personally arranged the ride or an arrangement was made on the rider's behalf. “Transportation network services” or “services”, the offering or providing of pre-arranged rides for compensation or on a promotional basis to riders or prospective riders through the transportation network company's digital network, covering the period beginning when a transportation network driver is logged onto the transportation network company's digital network and is available to receive a pre-arranged ride or while in the course of providing a pre-arranged ride. “Transportation network vehicle” or “vehicle”, a vehicle that is used by a transportation network driver to provide transportation network services. Section 2. Section 3 of Chapter 159A1/2 of the General Laws is hereby amended by inserting after subsection (e) the following new subsection (f) and (g):- (f) The director of the division of public utilities in consultation with the commissioner of labor standards shall study: (i) income TNDs derive from operating vehicles that provide transportation services to passengers; (ii) the amount of of TND engaged time time as compared to the entire period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests; (iii) the amount of time TNDs spend in the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests, by day and by week; (iv) the number of miles that TNDs drive during the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests, by day or week; (v) the amount of time spent by TNDs waiting for an offer and not engaged during the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when TND deactivates the mode and is no longer able to receive and respond to trip requests (vi) TND well-being; and (vii) such other topics as the director of the division of public utilities in consultation with the commissioner of labor standards deems appropriate. The study shall be conducted no later than three months after the effective date of this chapter. (g) No later than six months after the effective date, and every annual anniversary thereafter, in order to further the Commonwealth’s interest in ensuring fair TND income, ensuring efficient provision of passenger services, and based on the results of the study conducted pursuant to subdivision a of this section, the director of the division of public utilities: (i) Shall determine the average proportion of TND engaged time as compared to the entire period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests; (ii) Shall determine the average proportion of miles driven by TNDs during engaged time to average total miles driven during the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TNC deactivates the mode and is no longer able to receive and respond to trip requests; (iii) Shall establish a rate of accrual of earned sick time under Chapter 148C of the Massachusetts General Laws that ensures that transportation network drivers accrue the equivalent of one hour of earned sick time for every thirty hours worked; and (iv) Shall determine the average amount of time spent by TNDs waiting for an offer and not engaged during the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when TND deactivates the mode and is no longer able to receive and respond to trip requests; v) Shall establish the maximum period of time TND’s on average may spend waiting for an offer during the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests, and shall establish a procedure for temporarily restricting the ability of a TNC to certify TNDs pursuant to section 4 of this Chapter in order to maintain the desired average level of TND utilization. Section 3. Section 4 of Chapter 159A1/2 of the General Laws is hereby amended by inserting a new subsection (g):- (g) A Transportation Network Company shall not be permitted to issue a transportation network driver certificate to any driver during any period in which the director of the division of public utilities has restricted the ability of a Transportation Network Company to certify a driver, pursuant to the procedure adopted under subsection 3(h)(iv) of this Chapter, Section 4. Section 12 of Chapter 159A1/2 of the General Laws, is hereby struck and replaced to read as follows: Section 12. (a) On the first day of each month, each transportation network company shall submit to the division, in a format approved by the division, data related to each pre-arranged ride provided in the month prior to the previous month and shall include for each pre-arranged ride: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the rider for the ride; (iv) the universally-unique identifier associated with the transportation network driver; (v) the transportation network driver’s city or town of residence as appearing on the driver’s license; (vi) whether the rider requested a shared ride but was not successfully matched with another rider; (vii) whether the rider requested accommodation for special needs; (viii) whether the ride was provided by a wheelchair accessible vehicle; (ix) whether there were any driver or rider-initiated cancellations; (x) the total time that the transportation network driver spent on the way to pick up the rider; (xi) the total time that the transportation network driver spent providing the pre-arranged ride; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride; (xiii) the total mileage driven by the transportation network driver while on the way to pick up the rider; (xiv) the total mileage driven by the transportation network driver while providing the pre-arranged ride; (xv) the transportation network vehicle license plate; (xvi) whether the transportation network driver is a professional driver, as advertised by the transportation network company; and (xvii) whether the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, regardless of whether the transportation network vehicle was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, the factors that were considered in that designation, including, but not limited to, vehicle make, model, year and, if available, trim, whether the transportation network driver was a professional driver, as advertised by the transportation network company and whether the ride was available by an exclusive membership option.; (xviii) the itemized fare for each trip including the amount of the fare, any toll, surcharge, sales or other taxes, commission rate, other deduction, any tip or gratuity, and a breakdown of the amount such passenger paid for the trip, including base, time, mileage, waiting time, surge factor, passenger discounted, pet or other applicable fees; and; (xix) the payment that each TND received and any deductions for fuel, lease, or other charges or fees imposed on the driver for each trip or the hourly rate paid; (xx) A record of each TND session on the licensee’s Internet-enabled application or digital platform. For purposes of this section, a driver’s session begins when a licensee’s TND activates a mode in the licensee’s Internet-enabled application or digital platform, signaling the TND’s readiness to receive and respond to trip requests. For purposes of this section, a TND’s session ends when the TND deactivates the mode and is no longer able to receive and respond to trip requests; and (xxi)The amount of time spent each day and the miles driven by each vehicle transporting passengers for hire, as well as the time spent and miles driven each day by such vehicle on the way to a passenger, and time spent and miles driven by such vehicle while online in a session, between trips but not on the way to a passenger. (b) The division may obtain additional ride data from a transportation network company for the purposes of: (A) congestion management, which may include, but shall not be limited to: (i) the total number of transportation network drivers that utilized the transportation network vehicle’s digital network within specified geographic areas and time periods as determined by the division; and (ii) the total time spent and total miles driven by transportation network drivers in such geographic areas or time periods as determined by the division while (A) on the way to pick up a rider or (B) engaged in a pre-arranged ride: Or (B) Any additional information required by the division to conduct the study required by subsection 3(f) of Chapter 159A1/2 of the General Laws as amended; or (C) to make any of the determinations required under 3(g) of Chapter 159A1/2 of the General Laws as amended or the issuance of permits authorized to be regulated by subsection 3(c) of Chapter 159A1/2 of the General Laws as amended; The division shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data. Each data submission to the division pursuant to this section and any rules promulgated hereunder shall be accompanied by an attestation, made under penalty of perjury, that the data submitted is accurate and complete. The failure to maintain or furnish information to the division within a timeline to be determined by the division may, at the discretion of the division, constitute cause to not issue, suspend or revoke a transportation network company permit pursuant to section 6 of chapter 159A1/2 of the general laws. (c) Annually, not later than June 30, the division shall post on its website, in aggregate form, the total number of rides provided by all transportation network companies that originated in each city or town, each city or town where the rides originating in each city or town terminated and the average miles and minutes of the rides that originated in each city or town and terminated in each other respective city or town. (d) For the purposes of congestion management, transportation planning or emissions tracking, the division may enter into confidential data-sharing agreements to share de-identified trip-level data received by the division pursuant to this section with the executive office of technology services and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection, a regional transit authority established under section 3 of chapter 161B, a regional planning agency in the commonwealth and a metropolitan planning organization in the commonwealth. The division shall prescribe the form and content of a confidential data-sharing agreement under this subsection, the manner of transmitting the information and the information security measures that shall be employed by an entity receiving the data under any such datasharing agreement. A confidential data-sharing agreement shall specify that the information provided by the division shall be aggregated and de-identified and may be used only for the purposes set forth in the agreement. Any data received by an entity from the division through a confidential data-sharing agreement under this subsection shall not be considered a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66 and shall not be disclosed to any person or entity other than those listed or described in the confidential data-sharing agreement; provided, however, that a state or municipal government agency or transportation planning entity may disclose conclusions and analyses derived from the information and from the data received pursuant to a confidential data-sharing agreement. (e) A violation of the terms of a confidential data-sharing agreement by an entity listed in subsection (d) may result in the division declining to enter into future confidential data-sharing agreements with the violating entity and in the termination of any existing data-sharing agreement with the entity. The division shall notify each transportation network company whose data was shared in violation of the terms of a confidential data-sharing agreement of the violation, the violating entity and what data was shared. An entity listed in subsection (d) that violates the terms of a confidential data-sharing agreement shall destroy all data received as a result of the confidential data-sharing agreement. Section 5. Chapter 151 of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:- Section 1. Oppressive and unreasonable wages; validity of contracts [Text of section as amended by 2018, 121, Sec. 21 effective January 1, 2023. See 2018, 121, Sec. 36. For text effective until January 1, 2023, see above.] Section 1. It is hereby declared to be against public policy for any employer to employ any person or any TNC to rely on a TND for the provision of rides in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section two, and any contract, agreement or understanding for or in relation to such employment shall be null and void. A wage of less than $15.00 per hour, in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term “minimum wage” is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine. Notwithstanding the provisions of this section, in no case shall the minimum wage rate be less than $.50 higher than the effective federal minimum rate. Section 6. Chapter 151 of the General Laws is hereby amended by striking out Section 2 and inserting in place thereof the following Section:- Section 2. The following words and phrases as used in this chapter shall have the following meanings, unless the context clearly requires otherwise: “A fair wage”, a wage fairly and reasonably commensurate with the value of the service or class of service rendered. In establishing a minimum fair wage for any service or class of service under this chapter the commissioner without being bound by any technical rules of evidence or procedure (1) may take into account the cost of living and all other relevant circumstances affecting the value of the service or class of service rendered, (2) may be guided by like considerations as would guide a court in a suit for the reasonable value of services rendered where services are rendered at the request of an employer in the absence of an express contract as to the amount of the wage to be paid, and (3) may consider the wages paid in the commonwealth for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards. “A mandatory order”, an order the violation of which is subject to the penalties prescribed in subsection (2) of section nineteen. “An oppressive and unreasonable wage”, a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. “Commissioner”, the director of the department of labor standards. “Department”, the department of labor standards. “Occupation”, an industry, trade or business or branch thereof or class of work therein, whether operated for profit or otherwise, and any other class of work in which persons are gainfully employed, but shall not include professional service, agricultural and farm work, work by persons being rehabilitated or trained under rehabilitation or training programs in charitable, educational or religious institutions, work by seasonal camp counselors and counselor trainees or work by members of religious orders. Occupation shall also not include outside sales work regularly performed by outside salesmen who regularly sell a product or products away from their employer's place of business and who do not make daily reports or visits to the office or plant of their employer. “Agricultural and farm work”, labor on a farm and the growing and harvesting of agricultural, floricultural and horticultural commodities. “Trip,” a transportation service that involves picking up a passenger at a location, and taking and depositing such passenger at a different location requested by such passenger. “Transportation network driver” or “TND” shall be defined as described in § 1 of Chapter 159A1/2 of the General Laws. “Transportation network company” or “TNC” shall be defined as described in § 1 of Chapter 159A1/2 of the General Laws. Section 7. Chapter 151 of the General Laws is hereby amended by striking out section 3 and inserting in place thereof the following section:- Section 3. The commissioner or the attorney general, or their authorized representatives, shall have full power and authority: 1. To investigate and ascertain the wages of persons employed in any occupation in the commonwealth, including TNDs; 2. To enter the place of business or employment of any employer of persons in any occupation, and any TNC, other than domestic service in the home of the employer, for the purpose of examining, inspecting and making a transcript of any and all books, registers, pay-rolls, and other records of any employer of persons and any TND that in any way appertain to or have a bearing upon the question of wages of any such persons and for the purpose of ascertaining whether the orders of the commissioner or the attorney general have been and are being complied with; and 3. To require from such employer or TND full and correct statements in writing when the commissioner or the attorney general, or their authorized representatives, deem necessary, of the wages paid to all persons in his employ or all TNDs, such statements to be under oath or accompanied by a written declaration that they are made under the penalties of perjury. 4. To carry out the provisions of this chapter. Section 8. Chapter 151 of the General Laws is hereby amended by inserting a new Section 7b:- Section 7b. Minimum payments to transportation network workers and minimum fares. It is hereby declared to be against public policy for any TND to be paid an oppressive and unreasonable wage. In order to ensure that TNDs are not paid an oppressive or unreasonable wage, by DATE, the commissioner (of the department of labor standards) in consultation with the department of public utilities shall issue : i) a rule establishing the minimum payment that must be made to a TND for a trip pre-arranged through the TNC’s digital network, and ii) a rule establishing the minimum rate of compensation for TND expenses. The goal for the minimum payment rule is to establish a rate of payment for each trip, that ensures that the aggregate average hourly compensation to TNDs, for both engaged time and time spent waiting for an offer, during the period of time beginning when the TND has activated a mode in a TNC’s internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests, is no less than the equivalent of the minimum wage established under section 1 of this chapter. The rule establishing the minimum compensation to cover TND expenses shall be in addition to the minimum payment, and shall be calculated based on industry averages relating to TND expenses. The goal for this rule is to establish a per-mile rate of reimbursement per trip that ensures that the aggregate average reimbursement for expenses to TNDs reflects actual average TND expenses for miles driven during engaged time as well miles driven on average during time spent waiting for an offer in the period beginning when a transportation network driver has activated a mode in the licensee’s Internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests and ending when the TND deactivates the mode and is no longer able to receive and respond to trip requests. In establishing the minimum compensation to cover TND expenses, the commissioner shall refer to the average proportion of miles driven by TNDs during engaged time to average total miles driven as determined by the director of the division of public utilities pursuant to subsection 3(h)(ii) of Chapter 159A1/2 of the General Laws. Any minimum payment determined by the commissioner of the department of labor standards pursuant to this section shall not include gratuities, tolls, or surcharges, nor shall it include fees charged by the transportation network company. A transportation network company shall not retain any portion of any gratuity or use gratuities to offset or cover any portion of minimum payments required by this section. The Commissioner shall examine relevant data and revise the rules establishing minimum payment and minimum compensation for expenses as necessary to further the goals of this section. Section 9. Chapter 151 of the General Laws is hereby amended by striking out Section 11 and inserting in place thereof the following Section:- Section 11. Failure to observe fair wage or regulations; summons; hearing; publication of names, liability. Section 11. If the commissioner has reason to believe that any employer is not paying a fair wage or not observing other minimum wage regulations, or any TNC is not complying with the requirements of the minimum payment and/or minimum compensation rules established pursuant to Section 7b of Chapter 151 of the General laws, the commissioner may, on fifteen days notice, summon such employer to show cause why the name of such employer or such TNC should not be published as having committed such violation. After a hearing and a finding of nonobservance, the commissioner may cause to be published in such newspaper or newspapers within this commonwealth or in such other manner as he may deem appropriate, the name of such employer or employers, or TNC or TNCs. Neither the commissioner nor any authorized representative of the commissioner nor any newspaper publisher, proprietor, editor or employee thereof shall be liable to an action for damages for publishing the name of any employer or any TNC as provided herein unless guilty of wilful misrepresentation. Section 10. Chapter 151 of the General Laws is hereby amended by striking out section 15 and inserting in place thereof the following section:- Section 15: Employer's and TNC’s records; statement furnished to commissioner or attorney general; inspection of records by employee. Section 15. Every employer and every TNC shall keep a true and accurate record of the name, address and occupation of each employee, of the amount paid each pay period to each employee or TND, of the hours worked each day and each week by each employee or TND, and such other information as the commissioner or the attorney general in their discretion shall deem material and necessary. Such records shall be kept on file for at least 3 years after the entry date of the record. Such records shall be maintained at the place of employment, at an office of the employer, or with a bank, accountant or other central location and shall be open to the inspection of the commissioner or the attorney general, or their authorized representatives at any reasonable time, and the employer or TNC shall furnish immediately to the attorney general, commissioner or representative, upon request, a copy of any of these records. Every employer and every TNC shall furnish to the commissioner, or the attorney general, or their authorized representative, on demand, a sworn statement of such record, and, if the commissioner or the attorney general shall so require, upon forms prescribed or approved by him. An employer shall allow an employee and a TNC shall show a TND at reasonable times and places to inspect the records kept under this section and pertaining to that employee. Section 11. Chapter 151 of the General Laws is hereby amended by striking out Section 16 and inserting in place thereof the following Section:- Section 16: Posting orders and rules. Section 16. Every employer and every TNC, except employers of persons engaged in domestic service in the employer's home, subject to a minimum fair wage order shall keep a copy of such order posted in a conspicuous place in every room in which persons are employed and through any means the TNC normally uses to communicate with TNDs . Employers and TNCs shall be furnished copies of orders or notices on request without charge. The commissioner may require each employer or TNC in any occupation subject to this chapter to post rules which apply to such employer's employees or TNCs, in such reasonable way or ways and for such length of time as he may direct. Section 12. Chapter 151 of the General Laws is hereby amended by striking out section 17 and inserting in place thereof the following section:- Section 17: Department or attorney general questioning employees. Section 17. Each employer and each TNC shall permit any duly authorized officer or employee or TND of the department or of the attorney general to question any employee of such employer or any TND in the place of employment or where the TND performs work for the TNC, other than places of employment of persons engaged in domestic service in the home of the employer, and during work hours in respect to the wages paid to and the hours worked by employees or TNDs. Section 13. Chapter 151 of the General Laws is hereby amended by striking out Section 19 and inserting in place thereof the following Section:- Section 19: Punishments for stated acts. Section 19. (1) Any employer and his agent or any TNC and his agent, or the officer or agent of any corporation who discharges or in any other manner discriminates against any employee or TND, including any employee in the domestic service of any family or person at his home, because such employee or TND has complained of a violation of the provisions of this chapter, or has testified or is about to testify in any investigation or proceeding under or related to this chapter, or because such employer or TNC believes that said employee,TND, or individual may complain of a violation of the provisions of this chapter, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C of chapter 149, and shall be liable for damages which shall not be less than one month's wages nor more than two month’s wages of such individual, and the costs of the suit, including a reasonable attorney's fee. (2) Any employer or TNC or the officer or agent of any corporation who knowingly pays or agrees to pay to any employee less than the rates applicable to such employee under a regulation minimum fair wage established by the commissioner, or who pays or agrees to pay to a TND less than the minimum payment and/or minimum compensation rules established pursuant to section 7b of Chapter 151 of the General laws, or who pays or agrees to pay to any employee less than one dollar and eighty-five cents per hour in any occupation not covered by a minimum wage regulation shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C of chapter 149, and each week in any day of which such employee or TND is paid less than the rate applicable to him under a minimum fair wage regulation and each employee TND so paid less, shall constitute a separate offense. (2A) Any employer or the officer or agent of any corporation who knowingly pays or agrees to pay to any employee in agriculture and farming less than one dollar and sixty cents per hour shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C of chapter 149, and each week in any day in which such employee is paid less shall constitute a separate offense. (3) An employer or TNC or the officer or agent of a corporation who fails to keep the true and accurate records required under this chapter or to furnish a record to the attorney general, the commissioner, or an authorized representative of the attorney general or commissioner upon request, or who falsifies a record, or who fails to allow an employee or TND to inspect a record under section 15, or who fails to comply with a requirement of the commissioner under the last sentence of section 16, or who hinders or delays the attorney general, commissioner or representative in the performance of his duties, or who refuses to admit, or locks out, the attorney general, commissioner, or representative from a place of employment or location where a TND performs work, other than a place of employment of a person engaged in domestic service in the home of the employer, which he is authorized to inspect, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C of chapter 149, and each day of the failure to keep a record or to furnish to the attorney general, commissioner or representative a record or other information required for the proper enforcement of this chapter shall constitute a separate offense. (4) No person shall, for the purpose of evading this chapter, establish any arrangement or organization in his business, by contract, lease or agreement, whether written or oral, whereby a person who would otherwise be his employee does not have the status of such an employee. If the commissioner is of the opinion that any person has established an arrangement or organization in violation of this paragraph, after a public hearing, due notice whereof shall have been given, and at which a reasonable opportunity to be heard has been afforded to such person, he may order such person to cease and desist from such violation; and such an order shall be subject to review under section fourteen in the same manner and to the same extent as any decision of the commissioner under this chapter. Any person so ordered to cease and desist who fails to comply therewith for thirty days after such order has been served upon him shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C of chapter 149. (5) Whoever directly or indirectly solicits, demands, requests or accepts from any employee or TND any return of a portion of his wages, which would result in such employee or TND retaining less than the rate of wages required by this chapter, or whoever threatens, coerces or intimidates any employee or TND who has wages due under this chapter, for the purpose of causing such person to accept as payment in full a lesser sum than the full amount of the wages so due, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C of chapter 149, and each employee or TND so solicited or threatened shall constitute a separate offense. An employer or TNC who discharges or in any other manner penalizes or discriminates against an employee or TND because the employee or TND has made a complaint to the attorney general or any other person, or assists the attorney general in an investigation under this chapter, or has instituted, or caused to be instituted a proceeding under or related to this chapter, or has testified or is about to testify in the proceeding, or has taken any other action to seek rights under this chapter, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C. Section 14. Chapter 151 of the General Laws is hereby amended by striking out section 20 and inserting in place thereof the following section:- Section 20: Payment of less than minimum fair wage; recovery of deficiency; unclaimed award; deposit of funds. Section 20. If a person is paid by an employer less than the minimum fair wage to which the person is entitled under or by virtue of a minimum fair wage regulation, including the minimum payment and/or minimum compensation rules applicable to TNDs and established pursuant to section 7b of Chapter 151 of the General laws, or less than $1.85 per hour in a manufacturing occupation or in any other occupation not covered by a minimum fair wage regulation, the person may institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred and for the full amount of the minimum wages less any amount actually paid to him by the employer or TNC. An agreement between the person and the employer to work for less than the minimum wage, or between a TND and a TNC to work for less than the minimum payment and/or minimum compensation rules established pursuant to section 7b of Chapter 151 of the General laws, shall not be a defense to such action. An employee or TND so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any loss of minimum wage and shall also be awarded the costs of the litigation and reasonable attorneys' fees. At the request of any employee paid less than the minimum wage, or TND paid less than the minimum payment and/or minimum compensation rules established pursuant to section 7b of Chapter 151 of the General laws, to which he or she is entitled the attorney general may take an assignment of such wage claim in trust for the assigning employee or TND and may bring any legal action necessary to collect such claim, and the employer or TNC shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The attorney general shall not be required to pay a filing fee in connection with any such action. In any action or administrative proceeding by an employee or TND or the commissioner instituted upon such a wage claim in which the employee or TND prevails and the commissioner thereafter in possession of the resulting award is unable after a reasonable search to locate the employee or TND or to identify and locate the employee's or TND’s successor in interest, the commissioner shall, upon expiration of one year from the date of said award, deposit the funds from any such award, less costs and reasonable attorney's fees where applicable, in the General Fund. Section 15. Chapter 149 of the General Laws is hereby amended by striking out Section 148C and inserting in place thereof the following section:- Section 148C: Earned sick time. Section 148C. (a) As used in this section and section 148D, the following words, unless the context clearly requires otherwise, shall have the following meanings:— “Child”, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person who has assumed the responsibilities of parenthood. “Earned paid sick time”, the time off from work that is provided by an employer to an employee as computed under subsection (d) that can be used for the purposes described in subsection (c) and is compensated at the same hourly rate as the employee earns from the employee's employment at the time the employee uses the paid sick time; provided, however, that this hourly rate shall not be less than the effective minimum wage under section 1 of chapter 151. “Earned sick time”, the time off from work that is provided by an employer to an employee, whether paid or unpaid, as computed under subsection (d) that can be used for the purposes described in subsection (c). “Employee”, any person who performs services for an employer for wage, remuneration, or other compensation, except that employees employed by cities and towns shall only be considered Employees for purposes of this law if this law is accepted by vote or by appropriation as provided in Article CXV of the Amendments to the Constitution of the Commonwealth. “Employer”, any individual, corporation, partnership or other private or public entity, including any agent thereof, who engages the services of an employee for wages, remuneration or other compensation, except the United States government shall not be considered an Employer and cities and towns shall only be considered Employers for the purposes of this law if this law is accepted by vote or by appropriation as provided in Article CXV of the Amendments to the Constitution of the Commonwealth. “Health care provider”, the meaning given this term by the Family and Medical Leave Act of 1993, 29 U.S.C. sections 2601 to 2654, inclusive, as it may be amended and regulations promulgated thereunder. “Parent”, a biological, adoptive, foster or step-parent of an employee or of an employee's spouse; or other person who assumed the responsibilities of parenthood when the employee or employee's spouse was a child. “Spouse”, the meaning given this term by the marriage laws of the commonwealth. “Termination,” the meaning shall include any termination of services of a transportation network worker by a transportation network company from an application or platform, including suspension, refusal to contract, termination of contract, and deactivation. “Transportation network company” or “TNC,” the meaning as described in § 1 of Chapter 159A1/2 of the General Laws. “Transportation network driver” or “TND,” the meaning as described in § 1 of Chapter 159A1/2 of the General Laws. (b) All employees or TNDs who work in the commonwealth who must be absent from work for the reasons set forth in subsection (c) shall be entitled to earn and use not less than the hours of earned sick time provided in subsection (d). (c) Earned sick time shall be provided by an employer or TNC for an employee or TND to: (1) care for the employee's or TND’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; or (2) care for the employee's or TND’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; or (3) attend the employee's or TND’s routine medical appointment or a routine medical appointment for the employee's or TND’s child, spouse, parent, or parent of spouse; or (4) address the psychological, physical or legal effects of domestic violence as defined in subsection (g.5) of section 1 of chapter 151A, except that the definition of employee and TND in subsection (a) will govern for purposes of this section. (d)(1) An employer or TNC shall provide a minimum of one hour of earned sick time for every thirty hours worked by an employee, provided, however, that TNDs shall accrue earned sick time at the rate established by the Director of the Division of Utilities under subection (3)(h)(iii) of Chapter 159A ½ of the General Laws. Employees and TNDs shall begin accruing earned sick time commencing with the date of hire of the employee, the date on which the TNC certifies the TND pursuant to section 4 of Chapter 159A1/2 of the General Laws, or the date this law becomes effective, whichever is later, but employees shall not be entitled to use accrued earned sick time until the 90th calendar day following commencement of their employment and TNDs shall not be entitled to use accrued earned sick time until the 90th calendar day following the date such TND was certified by the TNC . On and after this 90 day period, employees and TNDs may use earned sick time as it accrues. (2) Nothing in this chapter shall be construed to discourage or prohibit an employer or TNC from allowing the accrual of earned sick time at a faster rate, or the use of earned sick time at an earlier date, than this section requires. (3) Employees and TNDs who are exempt from overtime requirements under 29 U.S.C. section 213(a)(1) of the Federal Fair Labor Standards Act shall be assumed to work 40 hours in each work week for purposes of earned sick time accrual unless their normal work week is less than 40 hours, in which case earned sick time shall accrue based on that normal work week. (4) All employees employed by an employer or of eleven or more employees and all TNDs shall be entitled to earn and use up to 40 hours of earned paid sick time from that employer or a TNC as provided in subsection (d) in a calendar year. In determining the number of employees who are employed by an employer for compensation, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted. (5) Notwithstanding section 17 of chapter 15D, sections 70–75 of chapter 118E, or any other special or general law to the contrary, the PCA Quality Home Care Workforce Council shall be deemed the Employer of all Personal Care Attendants, as defined in section 70 of chapter 118E, for purposes of subsection (d)(4) of this section, the Department of Medical Assistance shall be deemed the Employer of said Personal Care Attendants for all other purposes under this section, and the Department of Early Education and Care shall be deemed the Employer of all Family Child Care Providers, as defined in section 17(a) of chapter 15D, for purposes of this section. (6) All employees not entitled to earned paid sick time from an employer pursuant to subsection (d)(4)–(5) shall be entitled to earn and use up to 40 hours of earned unpaid sick time from that employer as provided in subsection (d) in a calendar year. (7) Earned sick time shall be used in the smaller of hourly increments or the smallest increment that the employer's or TNC’s payroll system or system that is otherwise used to make payments to TNDs uses to account for absences or use of other time. Employees and TNDs may carry over up to 40 hours of unused earned sick time to the next calendar year, but are not entitled to use more than 40 hours in one calendar year. Employers and TNCs shall not be required to pay out unused earned sick time upon the separation of the employee or TND from the employer or TND. (e) If an employee is absent from work for any reason listed in subsection (c) and, by mutual consent of the employer and the employee, the employee or works an equivalent number of additional hours or shifts during the same or the next pay period as the hours or shifts not worked due to reasons listed in subsection (c), an employee shall not be required to use accrued earned sick time for the employee's absence during that time period and the employer shall not be required to pay for the time the employee was so absent. An employer shall not require such employee to work additional hours to make up for the hours during which the employee was so absent or require that the employee search for or find a replacement employee to cover the hours during which the employee is utilizing earned sick time. This subsection shall not apply to TNDs. (f) Subject to the provisions of subsection (n), an employer or TNC may require certification when an earned sick time period covers more than 24 consecutively scheduled work hours. Any reasonable documentation signed by a health care provider indicating the need for earned sick time taken shall be deemed acceptable certification for absences under subsection (c)(1), (2) and (3). Documentation deemed acceptable under subsection (g.5) of section 1 of chapter 151A shall be deemed acceptable documentation for absences under subsection (c)(4). An employer may not require that the documentation explain the nature of the illness or the details of the domestic violence. The employer or TNC shall not delay the taking of earned sick time or delay pay for the period in which earned sick time was taken for employees or TNDs entitled to pay under subsection (d), on the basis that the employer or TNC has not yet received the certification. Nothing in this section shall be construed to require an employee or TND to provide as certification any information from a health care provider that would be in violation of section 1177 of the Social Security Act, 42 U.S.C. 1320d–6, or the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d–2 note. (g) When the use of earned sick time is foreseeable, the employee or TND shall make a good faith effort to provide notice of this need to the employer or TNC in advance of the use of the earned sick time. (h) It shall be unlawful for any employer or TNC to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this section, including, but not limited to, by using the taking of earned sick time under this section as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination, or otherwise subjecting an employee to discipline for the use of earned sick time under this section. (i) It shall be unlawful for any employer or TNC to take any adverse action against an employee or TND because the employee or TND opposes practices which the employee or TND believes to be in violation of this section, or because the employee or TND supports the exercise of rights of another employee or TND under this section. Exercising rights under this section shall include but not be limited to filing an action, or instituting or causing to be instituted any proceeding, under or related to this section; providing or intending to provide any information in connection with any inquiry or proceeding relating to any right provided under this section; or testifying or intending to testify in any inquiry or proceeding relating to any right provided under this section. (j) Nothing in this section shall be construed to discourage employers or TNCs from adopting or retaining earned sick time policies more generous than policies that comply with the requirements of this section and nothing in this section shall be construed to diminish or impair the obligation of an employer or TNC to comply with any contract, collective bargaining agreement, or any employment benefit program or plan in effect on the effective date of this section that provides to employees or TNDs greater earned sick time rights than the rights established under this section. (k) Employers or TNCs required to provide earned paid sick time who provide their employees or TNDs paid time off under a paid time off, vacation or other paid leave policy who make available an amount of paid time off sufficient to meet the accrual requirements of this section that may be used for the same purposes and under the same conditions as earned paid sick time under this section are not required by this section to provide additional earned paid sick time. (l) The attorney general shall enforce this section, and may obtain injunctive or declaratory relief for this purpose. Violation of this section shall be subject to paragraphs (1), (2), (4), (6) and (7) of subsection (b) of section 27C and to section 150. (m) The attorney general shall prescribe by regulation the employer's or TNC’s obligation to make, keep, and preserve records pertaining to this section consistent with the requirements of section 15 of chapter 151. (n) The attorney general may adopt rules and regulations necessary to carry out the purpose and provisions of this section, including the manner in which an employee or TND who does not have a health care provider shall provide certification, and the manner in which employer size shall be determined for purposes of subsection (d)(4). (o) Notice of this section shall be prepared by the attorney general, in English and in other languages required under clause (iii) of subsection (d) of section 62A of chapter 151A. Employers or TNCs shall post this notice in a conspicuous location accessible to employees or TNDs in every establishment where employees with rights under this section work, and shall provide a copy to their employees or TNDs. This notice shall include the following information: (1) information describing the rights to earned sick time under this section; (2) information about the notices, documentation and any other requirements placed on employees in order to exercise their rights to earned sick time; (3) information that describes the protections that an employee or TND has in exercising rights under this section; (4) the name, address, phone number, and website of the attorney general's office where questions about the rights and responsibilities under this section can be answered; and (5) information about filing an action under this section. Section 16. Chapter 149 of the General Laws is hereby amended by striking out section 150 and inserting in place thereof the following section:- Section 150: Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action. Section 150. The attorney general may make complaint or seek indictment against any person for a violation of section 148. On the trial no defence for failure to pay as required, other than the attachment of such wages by trustee process or a valid assignment thereof or a valid set-off against the same, or the absence of the employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him, shall be valid. The defendant shall not set up as a defence a payment of wages after the bringing of the complaint. An assignment of future wages payable weekly under section one hundred and forty-eight shall not be valid if made to the person from whom such wages are to become due or to any person on his behalf, or if made or procured to be made to another person for the purpose of relieving the employer from the obligation to pay weekly. A loan made by an employee to his employer of wages which are payable weekly under section one hundred and forty-eight, whether made directly to the employer or to another person or persons on his behalf, shall not be valid as a defense on the trial of a complaint for failure to pay such wages weekly, unless such loan shall have been made with the approval of the attorney general. An employee claiming to be aggrieved by a violation of sections 33E, 52E, 148, 148A, 148B, 148C, 150C, 152, 152A, 159C or 190 or section 19, or section 7b of chapter 151 may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits; provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees. SECTION 3. Coverage for Network Driver Injury and Establishment of the Transportation Network Driver Injury Compensation Fund. Section 1. Subsection (4) of section 1 of Chapter 152 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraph:- Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a covered driver, as defined in section 1 of chapter 152A, shall, on and after the fund liability date, as defined in section 1 of chapter 152A, be an employee of the Transportation Driver Injury Compensation Fund, Inc. created under Chapter 152A. Section 2. Subsection (5) of section 1 of Chapter 152 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:- Notwithstanding any other provision of this chapter, and for purposes of this chapter only, the employer of a covered driver, as defined in section 1 of chapter 152A, shall, on and after the fund liability date, established in chapter 152A, be the Transportation Driver Injury Compensation Fund, Inc. created under chapter 152A. Section 3. Section 24 of Chapter 152 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:- The liability under this chapter of the Transportation Driver Injury Compensation Fund, Inc. shall be limited to: (i) securing the payment of workers’ compensation in accordance with chapter 152A to covered drivers, as defined in section 1 of chapter 152A, whose injury arose out of and in the course of providing transportation network services as defined in chapter 159A1/2, for or facilitated by a fund member as defined in section 1 of chapter 152A, and (ii) any statutory penalty resulting from the failure to secure such payment. The liability under this chapter of a fund member, as defined in section 1 of chapter 152A, shall be limited to remaining a registered member in good standing of the fund and any statutory penalty, including loss of immunity provided by this section, resulting from the failure to become or remain a registered member in good standing of the fund. Section 4. Section 25A of Chapter 152 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:- A transportation network company’s requirement under this chapter regarding the securing and provision of workers’ compensation benefits for any covered driver, as those terms are defined in section 1 of chapter 152A, are satisfied in full by compliance with the requirements imposed upon the for-hire company or transportation network company under chapter 152A. Insurance coverage directly procured by any transportation network company for the purpose of satisfying the requirements of this chapter with respect to employees of the transportation network company shall not include coverage of any covered driver, to the extent that the covered driver is provided coverage secured by the Transportation Driver Injury Compensation Fund, Inc. under chapter 152A. Coverage secured by the fund under chapter 152A shall be considered primary. Section 5. Section 43 of Chapter 152 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:- Whenever notice is required to be given to an employer under this chapter, such requirement shall be satisfied, with respect to an accident or injury to a covered driver, as defined in section 1 of chapter 152A, occurring on or after the fund liability date, as defined in section 1 of chapter 152A, by giving such notice to the Transportation Driver Injury Compensation Fund, Inc., established under chapter 152A. Section 6. Chapter 152A of the General Laws is hereby enacted with the following provisions:- Section 1. Definitions 1. “Transportation network company” or “TNC” means transportation network driver as described in § 1 of Chapter 159A1/2 of the General Laws. 2. “Transportation network driver” or “TND” means transportation network company as described in § 1 of Chapter 159A1/2 of the General Laws. 3. “Covered Driver,” all transportation network drivers engaged in and authorized to provide, transportation network services as defined in 159A1/2, in the commonwealth. 4. “Corporations Division” means the Corporations Division under the Secretary of the Commonwealth. 7. “Fund” means the Transportation Network Driver Injury Compensation Fund, Inc. 8. “Fund liability date” means the earlier of: (a) the date as of which the Department of Industrial Accidents first approves the fund's application to self-insure, or (b) the date on which coverage commences under the initial insurance policy purchased by the fund pursuant to subdivision three of section one hundred sixty-ii of this article. 9. “Secretary” means the secretary of state. Section 2. Creation of the Transportation Network Driver Injury Compensation Fund. The Transportation Network Driver Injury Compensation Fund, Inc. is hereby created as a not-for-profit corporation. To the extent that provisions of the not-for-profit corporation law do not conflict with the Articles of Organization and Bylaws established pursuant to this article, the not-for-profit corporation law shall apply to the fund. If an applicable provision of MGL c.151A, or of the fund's Articles of Organization and Bylaws, relates to a matter embraced in a provision of the not-for-profit corporation law but is not in conflict therewith, both provisions shall apply. The Fund shall perform its functions in accordance with its Articles and Bylaws established and approved pursuant to this Chapter and shall exercise its powers through a Board of Directors established pursuant to this Chapter. The fund is established for the purpose of providing compensation to covered drivers under this chapter who are injured while engaged in transportation network services as defined in this chapter 159A1/2. The Fund, as employer, will comply with all requirements and obligations imposed on employers by M.G.L. c 152, except as expressly exempted or modified by this chapter. Covered drivers as defined in this chapter, shall enjoy all the rights and benefits provided by M.G.L. c. 152, except as expressly proscribed or modified by this chapter. Section 3. Management of the Fund; Board of Directors. 1. Within sixty days of the effective date of this Act, there shall be appointed by the Governor, a Board of Directors of the fund, consisting of five directors. Two directors will be nominated by labor organizations operating within the Commonwealth of Massachusetts and two directors will be nominated by TNCs doing business in the Commonwealth of Massachusetts. One director will be appointed without nomination of the Governor. The initial terms of members shall be staggered. Two directors appointed by the Governor will serve for an initial term of three years and two for an initial term of two years from the effective date of this article. The subsequent terms of all directors shall be three years. 2. The directors shall elect annually from among their number a chair and a vice chair who shall act as chair in the chair’s absence. 3. For their attendance at meetings, the directors of the fund shall be entitled to compensation, as authorized by the directors, in an amount not to exceed two hundred dollars per meeting per director, and to reimbursement of their actual and necessary expenses. 4. Directors of the fund, except as otherwise provided by law, may engage in private or public employment or in a profession or business. 5. (a) All of the directors shall have equal voting rights and three or more directors shall constitute a quorum. The affirmative vote of three directors shall be necessary for the transaction of any business or the exercise of any power or function of the fund. (b) The fund may delegate to one or more of its directors, officers, agents or employees such powers and duties as it may deem proper. (c) A vacancy occurring in a director position shall be filled in the same manner as the initial appointment to that position, provided however that no individual may serve as director for more than three successive terms. 6. The Board shall be held to customary fiduciary duties, including the core duties of are and loyalty, which shall require the Board members to act in good faith and for the Benefit of the fund and not their own personal or business interests. Violating such duties shall be ground for immediate removal from the Board by a majority vote of the Board. Section 4. Articles of Incorporation. 1. Within ninety days of the appointment of the full Board of Directors, the fund shall file with the Secretary of State, Corporations Division, its Articles of Incorporation and Bylaws, which shall be designed to assure the fair, reasonable and equitable administration of the fund. The Articles and Bylaws and any subsequent amendments thereto shall become effective upon being filed with the Corporations Division. 2. The Articles and Bylaws shall, in addition to the requirements enumerated elsewhere in this article: (a) establish procedures for collecting and managing the assets of the fund; (b) establish regular places and times for meetings of the fund’s board of directors; (c) establish the procedure by which the fund shall determine whether to provide the benefits due pursuant to this article by self-insuring or by purchasing insurance; (d) establish accounting and record-keeping procedures for all financial transactions of the fund, its agents and the board of directors; (e) establish a procedure for determining and collecting the appropriate amount of surcharges and assessments under this article; (f) set forth the procedures by which the fund may exercise the premium audit rights granted to it under this article; (g) establish procedures to ensure prompt and accurate notification to the fund by its members of all accidents and injuries to TNCs, and provide for full reimbursement of the fund by any TNC whose failure to provide such notification results in the imposition of a penalty on the fund by the board; and (h) contain such additional provisions as the board of the fund may deem necessary or proper for the execution of the powers and duties of the fund. Section 5. Membership in the Fund; Registration with the Division. 1. The membership of the fund shall be composed of all transportation network companies operating in the Commonwealth. Each TNC shall be required, as a condition of doing business within the Commonwealth, to pay the Department of Public Utilities a two hundred dollar annual fee for the purpose of registering as a member of the fund and receiving a certificate of registration. Such sums shall be used by the Department of Public Utilities for the administration of this Chapter. The initial registration fee shall be due no later than ninety days after the effective date of this article. The Department of Public Utilities shall provide the fund with an updated list of registrants on a monthly basis. 2. Within sixty days of the appointment of the full board, the board of the fund shall, on the basis of information from trade papers and other sources, identify the TNCs subject to this article and, on a regular and ongoing basis, confirm that all such entities have registered in accordance with subdivision one of this section. 3. The fund shall, within one hundred fifty days of the appointment of the full board, provide to its members a copy of the Articles Incorporation and Bylaws and shall inform its members of their rights and duties pursuant to this article. Section 6. Securing compensation. 1. Within one hundred fifty days of the effective date of the Articles of Incorporation and Bylaws, the fund shall secure the payment of workers’ compensation to all covered drivers entitled thereto pursuant to this chapter by either: (a) self-insuring or (b) purchasing workers’ compensation insurance covering, on a blanket basis, for all covered drivers who are the fund’s employees. 2. If the fund initially seeks to self-insure, it shall in accordance with all requirements and obligations pursuant to M.G.L c. 152. 3. If the fund chooses to secure the payment of workers’ compensation pursuant to the workers’ compensation law by purchasing an insurance policy from a licensed insurer, it shall file in accordance with all requirements and obligations pursuant to M.G.L c. 152. 4. No provision of this article shall be construed to alter or affect the liability under the workers’ compensation law of any TNC with respect to covered drivers prior to the fund liability date. Section 7. Assessment of Fund members; customer surcharges; premium audit powers of the Fund, the board and the Fund’s insurer. 1. To pay (a) the costs of the insurance purchased or (b) the benefits due under the workers’ compensation law in the event the fund self-insures, and to pay (c) its expenses in carrying out its powers and duties under this article and (d) its liabilities, if any, pursuant to section fourteen-a of the workers’ compensation law, the fund shall ascertain by reasonable estimate the total funding necessary to carry on its operations. 2. Based upon its estimation of operating costs, the fund shall establish a proposed amount per on-trip mile surcharge. The proposed surcharge shall become effective thirty days from the effective date of the Articles of Incorporation and Bylaws. Each member of the fund shall be liable for payment to the fund of an amount equal to the product of (i) the amount per on-trip mile due pursuant to this article and (ii) the number of on-trip miles by the covered drivers providing services through its platform, as provided in this subdivision. 3. Each TNC shall submit to the fund with its monthly payment a detailed accounting of the on-trip miles services during the previous month. The first such payment and accounting shall be due on the fifteenth day of the month following the imposition of the surcharge. 4. The Department of Public Utilities shall not issue, continue or renew any permit for the operation of any TNC unless such network company, as a condition of maintaining its permit, complies with MGL c. 152A section 8, paragraph 3. 5. Should the fund determine that the surcharge amounts that have been paid to it are inadequate to meet its obligations under this article, it shall determine the surcharge rate required to eliminate such deficiency and shall notify the fund members of the revised surcharge rate, along with sufficient documentation detailing its calculations of projected shortfall and estimated funds under the revised surcharge. Commencing thirty days after such notice, the members of the fund shall charge the revised surcharge rate and shall pay to the fund the total amount of surcharges accordingly. 6. The fund shall have the power directly or through its agent to conduct premium audits of its members solely to verify their compliance with the on-trip mileage reporting requirements. The fund or its agent shall be afforded convenient access at all reasonable hours to all books, records and other documents of its members that may be relevant to such premium audits. Compliance with this section shall not constitute waiver of any legal privilege, confidentiality, or trade secret protection. 7. For the purposes of conducting premium audits, an insurer providing coverage to the fund pursuant to this article may treat the members of the fund as policyholders. Section 8. Financial oversight of the Fund. No later than the first day of May of each year, the fund shall submit to the Massachusetts Attorney General Office's Non-Profit Organizations/Public Charities Division, certified financial statements prepared in accordance with generally accepted accounting principles by a certified public accountant. The members of the fund shall be required on and after January first of each year to afford the certified public accountant convenient access at all reasonable hours to all books, records and other documents, including but not limited to invoices and vouchers, necessary or useful in the preparation of such statements and in the verification of the monthly statements submitted to the fund. Compliance with this section shall not constitute waiver of any legal privilege, confidentiality, or trade secret protection. The requirements in this section shall commence on the first May after the effective date of the plan of operations. Section 9. Liability insurance. The fund shall purchase such insurance as is necessary to protect the fund and any director, officer, agent or other representative from liability for their administration of the fund, and shall, to the extent permitted by law, indemnify such directors, officers, agents or other representatives and hold them harmless from liability for their administration of the fund. Section 10. Regulations. The Department of Public Utilities shall adopt regulations implementing the provisions of this Chapter. Section 11. Violations; penalties; appeals. 1. (a) If a fund director believes a violation of this article by a fund member may have occurred, the director, shall upon notice to the fund member, notify the Department of Public Utilities to hold a hearing to determine whether such violation occurred. (b) If the fund believes that a TNC has failed to pay the fund the assessments due pursuant to this Chapter, it shall make a referral to the Department of Public Utilities to hold a hearing to determine whether such violation occurred. 2. Except as otherwise provided in this section, a fund member that is found, after a hearing held pursuant to this section, to have violated a provision of this Chapter, or a rule promulgated in accordance with this Chapter, the fund member shall be liable for a fine in an amount not to exceed ten thousand dollars per violation. Notwithstanding the foregoing, a fund member that fails to submit to the fund the required surcharges shall be subject, in addition to payment to the fund of the amount overdue plus interest on such amount as herein provided, to a penalty, at the discretion of the Department of Public Utilities, of (a) up to five thousand dollars for each twenty days the payment is overdue, or (b) revocation of its membership in the fund, or (c) both a monetary penalty and revocation of its membership in the fund. Any monetary penalty imposed pursuant to this subdivision shall be retained by the Department of Public Utilities and be used to defray the costs of administering this article. SECTION 4. Unemployment Insurance. Section 1. Section 1 of Chapter 151A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting the following subsections (ee), (ff), (gg), and (hh):- (ee) The term “transportation network company” or “TNC,” transportation network company as described in § 1 of Chapter 159A1/2 of the General Laws. (ff) The term “transportation network driver” or “TND,” transportation network driver as described in § 1 of Chapter 159A1/2 of the General Laws. (gg) The terms “discharge” and “terminate” shall include any termination of services of a transportation network worker by a transportation network company from an application or platform, including suspension, refusal to contract, termination of contract, and deactivation. (hh) “The terms “hire,” “employ” or “employment” shall include the activation of a transportation network driver by a transportation network company to an application or platform. Section 2. Section 2 of Chapter 151A of the General Laws is hereby amended by inserting at the end of the fourth paragraph, after the word “section.”, the following words:- Transportation network services as defined in M.G.L.A. 159A 1/2 § 1 shall be deemed employment subject to this chapter irrespective of any showing of (a), (b) and (c), above. Section 3. Section 4A of Chapter 151A of the General Laws is hereby amended by inserting at the end of the section new subsection (g):- (g) Performing transportation network services as defined in 159A 1/2 § 1. Section 4. Section 14 of Chapter 151A of the General Laws is hereby amended by inserting at the end of subsection (i) a new subparagraph (2):- (2) The contribution rate of each TNC shall be increased by an amount equal to the difference between the rate of contribution paid by employing units pursuant to the federal Unemployment Tax Act after applying any credit available to those employing units pursuant to section 3302 of title 23 of the internal revenue code, and the rate of contribution required to be made to the Unemployment Compensation Fund which is specified for employers in this subsection (i). SECTION 5. Prohibiting discrimination against transportation network drivers. Section 1. Section 1 of Chapter 151B of the General Laws is hereby amended by inserting at the end thereof the following subsections:- 24. The term “transportation network company” or “TNC” shall mean transportation network company as described in § 1 of Chapter 159A1/2 of the General Laws. 25. The term “transportation network driver” or “TND” shall mean transportation network driver as described in § 1 of Chapter 159A1/2 of the General Laws. 26. The terms “discharge” and “terminate” shall include any termination of services of a transportation network worker by a transportation network company from an application or platform, including suspension, refusal to contract, termination of contract, and deactivation. 27. “The terms “hire,” “employ” or “employment” shall include the activation of a transportation network driver by a transportation network company to an application or platform. Section 2. Chapter 151B of the General Laws is hereby amended by striking out Section 3A and inserting in place thereof the following Section:- Section 3A. (a) All employers, TNCs, employment agencies and labor organizations shall promote a workplace free of sexual harassment. (b) Every employer and TNCs shall: (1) adopt a policy against sexual harassment which shall include: (i) a statement that sexual harassment in the workplace is unlawful; (ii) a statement that it is unlawful to retaliate against an employee or TND for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment; (iii) a description and examples of sexual harassment; (iv) a statement of the range of consequences for employees or TNDs who are found to have committed sexual harassment; (v) a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and (vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies. (2) provide annually to all employees or TNDs an individual written copy of the employer's or TNC’s policy against sexual harassment; provided, however, that a new employee or TNC shall be provided such a copy at the time of his employment. (c) The commission shall prepare and provide to employers or TNCs subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by employers or TNCs for the purposes of this section. (d) An employer's or TNC’s failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said employer or TNC to any current or former employee or TNC or applicant in any action alleging sexual harassment. An employer's or TNC’s compliance with the notice requirements of this section shall not, in and of itself, protect the employer or TNC from liability for sexual harassment of any current or former employee or TND or applicant. (e) Employers, TNCs and labor organizations are encouraged to conduct an education and training program for new employees, TNDs and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers and TNCs are encouraged to conduct additional training for new supervisory and managerial employees and members within one year of commencement of employment or membership, which shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees and the methods that such employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers, TNCs, labor organizations and appropriate state agencies are encouraged to cooperate in making such training available. Section 3. Section 4, subsection 1 of Chapter 151B of the General Laws is hereby amended by inserting after “For an employer” in the first sentence the following words:- “or TNC” Section 4. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 1A and inserting in place thereof the following subsection:- 1A. It shall be unlawful discriminatory practice for an employer or TNC to impose upon an individual as a condition of obtaining or retaining employment any terms or conditions, compliance with which would require such individual to violate, or forego the practice of, his creed or religion as required by that creed or religion including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or holy day and the employer or TNC shall make reasonable accommodation to the religious needs of such individual. No individual who has given notice as hereinafter provided shall be required to remain at his place of employment during any day or days or portion thereof that, as a requirement of his religion, he observes as his sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his place of employment and his home, provided, however, that any employee or TND intending to be absent from work when so required by his or her creed or religion shall notify his or her employer or TNC not less than ten days in advance of each absence, and that any such absence from work shall, wherever practicable in the judgment of the employer, be made up by an equivalent amount of time at some other mutually convenient time. Nothing under this subsection shall be deemed to require an employer or TNC to compensate an employee for such absence. “Reasonable Accommodation”, as used in this subsection shall mean such accommodation to an employee's or TND’s or prospective employee's or TND’s religious observance or practice as shall not cause undue hardship in the conduct of the employer's or TNC’s business. The employee or TND shall have the burden of proof as to the required practice of his creed or religion. As used in this subsection, the words “creed or religion” mean any sincerely held religious beliefs, without regard to whether such beliefs are approved, espoused, prescribed or required by an established church or other religious institution or organization. Undue hardship, as used herein, shall include the inability of an employer or TNC to provide services which are required by and in compliance with all federal and state laws, including regulations or tariffs promulgated or required by any regulatory agency having jurisdiction over such services or where the health or safety of the public would be unduly compromised by the absence of such employee or TND or employees or TNDs, or where the employee's or TND’s presence is indispensable to the orderly transaction of business and his or her work cannot be performed by another employee or TND of substantially similar qualifications during the period of absence, or where the employee's or TND’s presence is needed to alleviate an emergency situation. The employer or TNC shall have the burden of proof to show undue hardship. Section 5. Section 4, subsection 1B of Chapter 151B of the General Laws is hereby amended by inserting after “For an employer” in the first sentence the following words:- “or TNC” Section 6. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 1C and inserting in place thereof the following subsection:- 1C. For the commonwealth or any of its political subdivisions, by itself or its agent, because of the age of any individual, to refuse to hire or employ or to bar or discharge from employment such individual in compensation or in terms, conditions or privileges of employment unless pursuant to any other general or special law. Section 7. Section 4, subsection 1D of Chapter 151B of the General Laws is hereby amended by inserting after “For an employer” in the first sentence the following words:- “or TNC” Section 8. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 1E and inserting in place thereof the following subsection:- 1E. (a) For an employer or TNC to deny a reasonable accommodation for an employee’s or TND’s pregnancy or any condition related to the employee’s or TND’s pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child if the employee or TND requests such an accommodation; provided, however, that an employer or TNC may deny such an accommodation if the employer or TNC can demonstrate that the accommodation would impose an undue hardship on the employer’s or TNC’s program, enterprise or business. It shall also be an unlawful practice under this subsection to: (i) take adverse action against an employee or TND who requests or uses a reasonable accommodation in terms, conditions or privileges of employment including, but not limited to, failing to reinstate the employee or TND to the original employment status or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other applicable service credits when the need for a reasonable accommodation ceases; (ii) deny an employment opportunity to an employee if the denial is based on the need of the employer or TNC to make a reasonable accommodation to the known conditions related to the employee’s or TND’s pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child; (iii) require an employee or TND affected by pregnancy, or require said employee or TND affected by a condition related to the pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child, to accept an accommodation that the employee or TND chooses not to accept, if that accommodation is unnecessary to enable the employee or TND to perform the essential functions of the job; (iv) require an employee or TND to take a leave if another reasonable accommodation may be provided for the known conditions related to the employee’s or TND’s pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child, without undue hardship on the employer’s program, enterprise or business; (v) refuse to hire a person who is pregnant because of the pregnancy or because of a condition related to the person’s pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child; provided, however, that the person is capable of performing the essential functions of the position with a reasonable accommodation and that reasonable accommodation would not impose an undue hardship, demonstrated by the employer or TNC, on the employer’s or TNC’s program, enterprise or business. (b) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise: “Reasonable accommodation”, may include, but shall not be limited to: (i) more frequent or longer paid or unpaid breaks; (ii) time off to attend to a pregnancy complication or recover from childbirth with or without pay; (iii) acquisition or modification of equipment or seating; (iv) temporary transfer to a less strenuous or hazardous position; (v) job restructuring; (vi) light duty; (vii) private non-bathroom space for expressing breast milk; (viii) assistance with manual labor; or (ix) a modified work schedule; provided, however, that an employer or TNC shall not be required to discharge or transfer an employee or TND with more seniority or promote an employee or TND who is not able to perform the essential functions of the job with or without a reasonable accommodation. “Undue hardship”, an action requiring significant difficulty or expense; provided, however, that the employer shall have the burden of proving undue hardship; provided further, that in making a determination of undue hardship, the following factors shall be considered: (i) the nature and cost of the needed accommodation; (ii) the overall financial resources of the employer or TNC; (iii) the overall size of the business of the employer with respect to the number of employees or TNDs and the number, type and location of its facilities; and (iv) the effect on expenses and resources or any other impact of the accommodation on the employer’s program, enterprise or business. (c) Upon request for an accommodation from the employee or TND or prospective employee or TND capable of performing the essential functions of the position involved, the employee or TND or prospective employee or TND and the employer or TNC shall engage in a timely, good faith and interactive process to determine an effective, reasonable accommodation to enable the employee or TND or prospective employee or TND to perform the essential functions of the employee’s or TND’s job or the position to which the prospective employee or TND has applied. An employer or TNC may require that documentation about the need for a reasonable accommodation come from an appropriate health care or rehabilitation professional; provided, however, that an employer or TNC shall not require documentation from an appropriate health care or rehabilitation professional for the following accommodations: (i) more frequent restroom, food or water breaks; (ii) seating; (iii) limits on lifting more than 20 pounds; and (iv) private non-bathroom space for expressing breast milk. An “appropriate health care or rehabilitation professional” shall include, but shall not be limited to, a medical doctor, including a psychiatrist, a psychologist, a nurse practitioner, a physician assistant, a psychiatric clinical nurse specialist, a physical therapist, an occupational therapist, a speech therapist, a vocational rehabilitation specialist, a midwife, a lactation consultant or another licensed mental health professional authorized to perform specified mental health services. An employer or TNC may require documentation for an extension of the accommodation beyond the originally agreed to accommodation. (d) Written notice of the right to be free from discrimination in relation to pregnancy or a condition related to the employee’s or TND’s pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, including the right to reasonable accommodations for conditions related to pregnancy pursuant to this subsection, shall be distributed by an employer or TNC to its employees. The notice shall be provided in a handbook, pamphlet or other means of notice to all employees or TNDs including, but not limited to: (i) new employees or TNDs at or prior to the commencement of employment; and (ii) an employee or TND who notifies the employer of a pregnancy or an employee or TND who notifies the employer or TNC of a condition related to the employee’s or TND’s pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child not more than 10 days after such notification. (e) Subject to appropriation, the commission shall develop courses of instruction and conduct public education efforts as necessary to inform employers, TNCs, employees, TNDs, and employment agencies about the rights and responsibilities established under this subsection not more than 180 days after the appropriation. (f) This subsection shall not be construed to preempt, limit, diminish or otherwise affect any other law relating to sex discrimination or pregnancy or in any way diminish the coverage for pregnancy or a condition related to pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child under section 105D of chapter 149. Section 9. Section 4, subsection 3 of Chapter 151B of the General Laws is hereby amended by inserting after “For an employer” in the first sentence the following words:- “or TNC” Section 10. Section 4, subsection 4 of Chapter 151B of the General Laws is hereby amended by inserting after “employer” in the first sentence the following word:- “TNC” Section 11. Section 4, subsection 5 of Chapter 151B of the General Laws is hereby amended by inserting after “employer” in the first sentence the following words:- “TNC, TND” Section 12. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 9 and inserting in place thereof the following subsection:- 9. For an employer or TNC, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (ii) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace, or (iii) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting therefrom, whichever date is later, occurred 3 or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within 3 years immediately preceding the date of such application for employment or such request for information, or (iv) a criminal record, or anything related to a criminal record, that has been sealed or expunged pursuant to chapter 276. No person shall be held under any provision of any law to be guilty of perjury or of otherwise giving a false statement by reason of his failure to recite or acknowledge such information as he has a right to withhold by this subsection. Nothing contained herein shall be construed to affect the application of section thirty-four of chapter ninety-four C, or of chapter two hundred and seventy-six relative to the sealing of records. Nothing contained herein shall be construed to prohibit a transportation network company from complying with its obligations set forth in section 4 of chapter 159A1/2 of the General Laws. Section 13. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 91/2 and inserting in place thereof the following subsection:- 9 ½. For an employer or TNC to request on its initial written application form criminal offender record information; provided, however, that except as otherwise prohibited by subsection 9, an employer may inquire about any criminal convictions on an applicant's application form if: (i) the applicant is applying for a position for which any federal or state law or regulation creates mandatory or presumptive disqualification based on a conviction for 1 or more types of criminal offenses; or (ii) the employer or TNC or an affiliate of such employer or TNC is subject to an obligation imposed by any federal or state law or regulation not to employ persons, in either 1 or more positions, who have been convicted of 1 or more types of criminal offenses. Section 14. Section 4, subsection 9A of Chapter 151B of the General Laws is hereby amended by inserting after “For an employer” in the first sentence the following words:- “or TNC” Section 15. Section 4 of Chapter 151B of the General Laws is hereby amended by striking out subsection 11A and inserting in place thereof the following subsection:- 11A. For an employer or TNC, or an employer’s or TNC’s agent, to refuse to restore certain employees or TNDs to employment following an absence by reason of a parental leave taken pursuant to section 105D of chapter 149 or to otherwise fail to comply with that section, or for the commonwealth and any of its boards, departments and commissions to deny vacation credit to an employee for the fiscal year during which the employee or TND is absent due to a parental leave taken pursuant to said section 105D of said chapter 149, or to impose any other penalty as a result of a parental leave of absence. Section 16. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 16 and inserting in place thereof the following subsection:- 16. For any employer or TNC, personally or through an agent, to dismiss from employment or refuse to hire, rehire or advance in employment or otherwise discriminate against, because of his handicap, any person alleging to be a qualified handicapped person, capable of performing the essential functions of the position involved with reasonable accommodation, unless the employer or TNC can demonstrate that the accommodation required to be made to the physical or mental limitations of the person would impose an undue hardship to the employer's or TNC’s business. For purposes of this subsection, the word employer or TNC shall include an agency which employs individuals directly for the purpose of furnishing part-time or temporary help to others. In determining whether an accommodation would impose an undue hardship on the conduct of the employer's business, factors to be considered include:-- (1) the overall size of the employer's or TNC’s business with respect to the number of employees, number and type of facilities, and size of budget or available assets; (2) the type of the employer's or TNC’s operation, including the composition and structure of the employer's or TNC’s workforce; and (3) the nature and cost of the accommodation needed. Physical or mental job qualification requirement with respect to hiring, promotion, demotion or dismissal from employment or any other change in employment status or responsibilities shall be functionally related to the specific job or jobs for which the individual is being considered and shall be consistent with the safe and lawful performance of the job. An employer or TNC may not make preemployment inquiry of an applicant as to whether the applicant is a handicapped individual or as to the nature or severity of the handicap, except that an employer or TNC may condition an offer of employment on the results of a medical examination conducted solely for the purpose of determining whether the employee or TNC, with reasonable accommodation, is capable of performing the essential functions of the job, and an employer may invite applicants to voluntarily disclose their handicap for purposes of assisting the employer in its affirmative action efforts. Section 17. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 16A and inserting in place thereof the following subsection:- 16A. For an employer or TNC, personally or through its agents, to sexually harass any employee or TND. Section 18. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 17 and inserting in place thereof the following subsection:- 17. Notwithstanding any provision of this chapter, it shall not be an unlawful employment practice for any person, employer, TNC, labor organization or employment agency to: (a) observe the terms of a bona fide seniority system or any bona fide employee or TND benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this section, except that no such employee or TND benefit plan shall excuse the failure to hire any person, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any person because of age except as permitted by paragraph (b). (b) require the compulsory retirement of any person who has attained the age of sixty-five and who, for the two year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if such person entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, of the employer, which equals, in the aggregate, at least forty-four thousand dollars. (c) require the retirement of any employee or TND who has attained seventy years of age and who is serving under a contract of unlimited tenure or similar arrangement providing for unlimited tenure at an independent institution of higher education, or to limit the employment in a faculty capacity of such an employee or TND, or another person who has attained seventy years of age who was formerly employed under a contract of unlimited tenure or similar arrangement, to such terms and to such a period as would serve the present and future needs of the institution, as determined by it; provided, however, that in making such a determination, no institution shall use as a qualification for employment or reemployment, the fact that the individual is under any Section 19. Section 4 of Chapter 151B of the General Laws is hereby further amended by striking out subsection 18 and inserting in place thereof the following subsection:- 18. For the owner, lessee, sublessee, licensed real estate broker, assignee, or managing agent of publicly assisted or multiple dwelling or contiguously located housing accommodations or other covered housing accommodations, or other person having the right of ownership or possession, or right to rent or lease, or sell or negotiate for the sale of such accommodations, or any agent or employee of such person or any organization of unit owners in a condominium or housing cooperative to sexually harass any tenant, prospective tenant, purchaser or prospective purchaser of property. Notwithstanding the foregoing provisions of this section, it shall not be an unlawful employment practice for any person, employer, TNC, labor organization or employment agency to inquire of an applicant for employment or membership as to whether or not he or she is a veteran or a citizen. Notwithstanding the provisions of any general or special law nothing herein shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination or from taking any action with respect to matters of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which are calculated by such organization to promote the religious principles for which it is established or maintained. Notwithstanding the foregoing provisions of this section, (a) every employer, every TNC, every employment agency, including the division of employment and training, and every labor organization shall make and keep such records relating to race, color or national origin as the commission may prescribe from time to time by rule or regulation, after public hearing, as reasonably necessary for the purpose of showing compliance with the requirements of this chapter, and (b) every employer, TNC and labor organization may keep and maintain such records and make such reports as may from time to time be necessary to comply, or show compliance with, any executive order issued by the President of the United States or any rules or regulations issued thereunder prescribing fair employment practices for contractors and subcontractors under contract with the United States, or, if not subject to such order, in the manner prescribed therein and subject to the jurisdiction of the commission. Such requirements as the commission may, by rule or regulation, prescribe for the making and keeping of records under clause (a) shall impose no greater burden or requirement on the employer, TNC, employment agency or labor organization subject thereto, than the comparable requirements which could be prescribed by Federal rule or regulation so long as no such requirements have in fact been prescribed, or which have in fact been prescribed for an employer, TNC, employment agency or labor organization under the authority of the Civil Rights Act of 1964, from time to time amended.1 This paragraph shall apply only to employers or TNCs who on each working day in each of twenty or more calendar weeks in the annual period ending with each date set forth below, employed more employees or TNDs than the number set forth beside such date, and to labor organizations which have more members on each such working day during such period. Minimum Employees or TNDs Period Ending. or Members. June 30, 1965 100 June 30, 1966 75 June 30, 1967 50 June 30, 1968 and thereafter 25 Nothing contained in this chapter or in any rule or regulation issued by the commission shall be interpreted as requiring any employer, TNC, employment agency or labor organization to grant preferential treatment to any individual or to any group because of the race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information or ancestry of such individual or group because of imbalance which may exist between the total number or percentage of persons employed by any employer or TNC, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization or admitted to or employed in, any apprenticeship or other training program, and the total number or percentage of persons of such race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information or ancestry in the commonwealth or in any community, section or other area therein, or in the available work force in the commonwealth or in any of its political subdivisions. Section 20. Section 4, subsection 19 of Chapter 151B of the General Laws is hereby amended by inserting after “employer” in the first sentence of subsection (a) the following word:- “TNC” SECTION 6. Paid Family Medical Leave Section 1. Section 1 of Chapter 175M of the General Laws is hereby amended by inserting after the sentence defining “Department” the following words:- “Digital network”, the same as defined in section 1 of chapter 159A ½. Section 2. Section 1 of Chapter 175M of the General Laws is hereby further amended by inserting after the sentence defining “State average weekly wage” the following words:- “Discharging,” “firing” and “terminating”, any termination of services of a transportation network worker by a transportation network company from an application or platform, including suspension, refusal to contract, termination of contract, and deactivation. “Transportation network company” or “TNC”, the same as defined in section 1 of chapter 159A ½. “Transportation network driver” or “TND”, the same as defined in section 1 of chapter 159A ½. Section 3. Chapter 175M of the General Laws is hereby amended by striking out section 4 and inserting in place thereof the following section:- Section 4: Notice Section 4. (a) Each employer and covered business entity shall post in a conspicuous place on each of its premises a workplace notice prepared or approved by the department providing notice of benefits available under this chapter. Where the employer or covered business entity does not control the daily workplace, employer or covered business entity shall post electronically or other means which are the usual means of communication with employee or covered business entity. The workplace notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary language of at least 10,000 or .5 of one per cent of all residents of the commonwealth. The required workplace notice shall be in English and each language other than English which is the primary language of 5 or more employees or self-employed individuals of that workplace, if such notice is available from the department. Each employer shall issue to each employee not more than 30 days from the beginning date of the employee's employment, provided however that TNC shall issue to each TND not more than 30 days from certification of the TND by the TNC the following written information provided or approved by the department in the employee's primary language: (i) an explanation of the availability of family and medical leave benefits provided under this chapter, including rights to reinstatement and continuation of health insurance; (ii) the employee's contribution amount and obligations under this chapter; (iii) the employer's contribution amount and obligations under this chapter; (iv) the name and mailing address of the employer; (v) the identification number assigned to the employer by the department; (vi) instructions on how to file a claim for family and medical leave benefits; (vii) the mailing address, email address and telephone number of the department; and (viii) any other information deemed necessary by the department. Delivery is made when an employee provides written acknowledgement of receipt of the information, or signs a statement indicating the employee's refusal to sign such acknowledgement. Section 4. Chapter 175M of the General Laws is hereby amended by striking out section 9 and inserting in place thereof the following section:- Section 9: Prohibited acts Section 9. (a) It shall be unlawful for any employer to retaliate by discharging, firing, suspending, expelling, disciplining, through the application of attendance policies or otherwise, threatening intimidating, terminating, or harassing a worker, filing a false report with a government agency, reducing compensation, garnishing tips or gratuities, denying or limiting access to incentives or bonuses, informing another TNC that a TND has engaged in activities protected by this section, or in any other manner discriminating against an employee including actions related to perceived immigration status or work authorization, for exercising any right to which such employee is entitled under this chapter or with the purpose of interfering with the exercise of any right to which such employee is entitled under this chapter. (b) It shall be unlawful for any employer to retaliate by discharging, firing, suspending, expelling, disciplining, through the application of attendance policies or otherwise, threatening intimidating, terminating, or harassing a worker, filing a false report with a government agency, reducing compensation, garnishing tips or gratuities, denying or limiting access to incentives or bonuses, informing another TNC that a TND has engaged in activities protected by this section, or in any other manner discriminating including actions related to perceived immigration status or work authorization,against an employee who has filed a complaint or instituted or caused to be instituted a proceeding under or related to this section, has testified or is about to testify in an inquiry or proceeding or has given or is about to give information connected to any inquiry or proceeding relating to this section. (c) Any negative change in the seniority, status, employment benefits, pay or other terms or conditions of employment of an employee or TND which occurs any time during a leave taken by an employee or TND under this chapter, or during the 6 month period following an employee's or TND’s leave or restoration to a position pursuant to this section, or of an employee or TND who has participated in proceedings or inquiries pursuant to this section within 6 months of the termination of proceedings shall be presumed to be retaliation under this section. Such presumption shall be rebutted only by clear and convincing evidence that such employer's or TNC’s action was not retaliation against the employee or TND and that the employer or TNC had sufficient independent justification for taking such action and would have in fact taken such action in the same manner and at the same time the action was taken, regardless of the employee's or TND’s use of leave, restoration to a position or participation in proceedings or inquiries as described in this subsection. An employer or TNC found to have threatened, coerced or taken reprisal against any employee or TND pursuant to this subsection shall rescind any adverse alteration in the terms of employment for such employee or TND and shall offer reinstatement to any terminated employee or TND and shall also be liable in an action brought under subsection (d). (d) An employee or TND or former employee or TND aggrieved by a violation of this section or subsections (e) and (f) of section 2 of this chapter may, not more than 3 years after the violation occurs, institute a civil action in the superior court. A party to the action shall be entitled to a jury trial. All remedies available in common law tort actions shall be available to prevailing plaintiffs and shall be in addition to any legal or equitable relief provided in this section. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violations of this section; (ii) reinstate the employee or TND to the same position held before the violation or to an equivalent position; (iii) reinstate full fringe benefits and seniority rights to the employee or TND; (iv) compensate the employee or TND for 3 times the lost wages, benefits and other remuneration and the interest thereon; and (v) order payment by the employer or TNC of reasonable costs and attorneys' fees. SECTION 7. Severability The provisions of this act shall be severable and if any phrase, clause, sentence or provision of this article or the applicability thereof to any person, entity, or circumstance shall be held invalid, the remainder of this act and the application thereof shall not be affected.

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An Act relative to modifications of retirement allowances

H11

HD11

{'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T14:59:23.327'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H11/DocumentHistoryActions

Bill

So much of the recommendations of the Public Employee Retirement Administration Commission (House, No. 8) as relates to modifications of retirement allowances. Public Service.

Subdivision (3) of Section 8 of Chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in line 130 subdivision (3) and inserting in its place: (3) Modifications of retirement allowances. If as a result of such medical report by a regional medical panel, as a result of the submission of earnings information under section ninety-one A, or as the result of the completion of a rehabilitation program as provided for under subdivision (1), or under subdivision (5) of section twenty-one, the commission finds that such retired member is engaged in gainful occupation and has excess earnings, for three or more consecutive years, which result in the repayment of his or her entire retirement allowance pursuant to section 91A, said member’s retirement allowance shall be modified prospectively. When a determination is made that a retirement allowance shall be modified, the retiree and the appropriate Retirement Board will be notified, and the retiree will be given the opportunity to be heard by the Commission or its designee. When the determination is final, the retiree and the appropriate Retirement Board will be advised. The retiree may appeal the Commission’s determination to the Contributory Retirement Appeal Board pursuant to section 16. Such modification shall remain in effect, for at least one year, unless such medical report finds that the mental or physical condition of such member has deteriorated. If the annual rate of his earnings should later be changed, the yearly amount of his pension shall be further modified by reinstating, increasing, reducing, or suspending it, as the case may be. The applicable Retirement Board may pay over to a health insurance carrier that portion of the allowance to maintain the disability retiree’s health insurance coverage. A retiree whose allowance is modified pursuant to this process will continue to be considered as a disability retiree for purposes of chapter 32A, chapter 32B, chapter 34B, and section 100B of chapter 41. The public employee retirement administration commission shall, subject to the provisions of section fifty of chapter seven, promulgate regulations establishing, and providing a system for annually adjusting for inflation and such other equitable factors as the commission deems relevant, the fair amount of outside income that may be earned by a member retired pursuant to section six or seven, and shall promulgate regulations for the determination of the potential earnings of any such retired member based upon such member's functional capacity, age, education, and experience.

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An Act requiring informed consent for marijuana testing

H110

HD3229

{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:06:18.86'}

[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:06:18.86'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H110/DocumentHistoryActions

Bill

By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 110) of Russell E. Holmes relative to requiring informed consent for marijuana testing at certain health care facilities. Cannabis Policy.

Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 70H the following section:- Section 70I. A facility, as defined in section 70E, physician or health care provider shall not: (1) test any person for the presence of marijuana or delta-9-tetrahydricannabinol, also known as THC, without first obtaining that person’s written informed consent; (2) disclose the results of such test to any person other than the subject of the test without first obtaining the subject’s written informed consent; or (3) 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. 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 test and release of the results of a test performed on an individual showing the presence of marijuana or THC or for the release of medical records containing such information.

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An Act to adjust non-profit fraternal benefit societies' investment restrictions

H1100

HD244

{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:51:18.047'}

[{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:51:18.0466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:51:13.57'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1100/DocumentHistoryActions

Bill

By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 1100) of Mathew J. Muratore relative to non-profit fraternal benefit societies' investment restrictions. Financial Services.

Section 40 of chapter 176 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 41, the words “twenty-five percent of such excess” and inserting in place thereof the following words:- 10 percent of assets.

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An Act regarding credit card surcharging

H1101

HD1318

{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T12:01:20.17'}

[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T12:01:20.17'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-09T14:23:39.1466667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-08-09T14:23:39.1466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1101/DocumentHistoryActions

Bill

By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1101) of James M. Murphy for legislation to establish a special commission (including members of the General Court) on payment trends, the prevalence of cashless transactions and cashless businesses, credit card fees, mobile payments, buy-now-pay-later financing, and other aspects of the payments industry. Financial Services.

SECTION 1. Section 28A of Chapter 140D of the general laws, as so appearing, is hereby amended by striking subsection (a)(2). SECTION 2. There shall be a special commission to study the future of payments. The commission shall consist of the following members, the chairs of the joint committee on financial services, who shall serve as co-chairs; 1 member appointed by the attorney general; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the secretary of housing and economic development or a designee; the director of the division of banks; 1 member appointed by the Massachusetts Bankers Association; 1 member appointed by the Retailers Association of Massachusetts; 1 member appointed by Massachusetts PIRG; 1 member appointed by the Massachusetts chapter of the national federation of independent businesses; and 1 member appointed by the Massachusetts restaurant association. The commission shall hold at least three public hearings and shall solicit input from the public, businesses and the payments industry on payment trends, the prevalence of cashless transactions and cashless businesses in the commonwealth, credit card fees, mobile payments, buy-now-pay-later financing, and other aspects of the payments industry. The commission shall submit a report to the legislature on its findings and any legislative recommendations to update the laws of the commonwealth by March 1, 2024.

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An Act eliminate penalty charges when canceling auto insurance

H1102

HD1452

{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-12T12:07:31.973'}

[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-12T12:07:31.9733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1102/DocumentHistoryActions

Bill

By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1102) of James M. Murphy for legislation to eliminate penalty charges when cancelling motor vehicle insurance policies. Financial Services.

Chapter 175 of the General Laws, as appearing in the 2014 official edition, is hereby amended by inserting at the end of Section 22C the following: When policy holders change auto insurance companies or cancel pre paid policies they shall be entitled to a pro rate rebate for the exact number of days paid for in the policy without any surcharge or expenses beyond the exact days the policy was in effect.

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An Act relative to breast cancer equity and early detection

H1103

HD1455

{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-12T11:26:13.717'}

[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-12T11:26:13.7166667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-07T10:33:01.13'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T10:33:01.13'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-07T10:33:01.13'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T14:21:01.22'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-08T11:33:26.1133333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-15T15:50:28.38'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-15T15:50:28.38'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-15T15:50:28.38'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T11:06:41.3433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-06T12:12:46.58'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-06T12:12:46.58'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-04-12T15:36:07.45'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-12T15:36:07.45'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-26T10:21:57.21'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-05-16T15:12:59.9733333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-06-08T11:46:44.27'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-09T14:23:52.18'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-09-27T12:02:49.2166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-10-05T12:24:53.3133333'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-10-05T12:29:44.14'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-10-10T10:05:59.8133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1103/DocumentHistoryActions

Bill

By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1103) of James M. Murphy and others relative to insurance coverage for mammograms and breast cancer screening. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 30 thereof the following section: - Section 31. Notwithstanding any general or special law or rule or regulation to the contrary, any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission that provides medical expense coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (a) As used in this Section, "HSA-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a "high-deductible health plan" under 26 U.S.C. 223 as implemented and interpreted by the U.S. Department of the Treasury in the regulations and guidance in effect at the time the policy is issued. (b) Except as provided in (c), an HSA-qualified health insurance policy is exempt from any prohibition on cost-sharing requirements for a covered benefit required under Massachusetts law to the extent the exemption is necessary to allow the policy to be an “HSA-qualified health insurance policy.” (c) The exemption provided in (b) shall not apply to any coverage required by Massachusetts statute that pertains to preventive care as that term is defined by regulation or guidance by the U.S. Department of the Treasury under 26 U.S.C. 223 with respect to any HSA-qualified health insurance policy issued, delivered, amended, or renewed while such regulation or guidance is effective. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10M thereof the following new section: - Section 10N. Notwithstanding any general or special law or rule or regulation to the contrary, the Executive Office of Health and Human Services shall provide coverage under its Medicaid contracted health insurers, health plans, health maintenance organizations, and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, or an accountable care organization for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (a) As used in this Section, "HSA-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a "high-deductible health plan" under 26 U.S.C. 223 as implemented and interpreted by the U.S. Department of the Treasury in the regulations and guidance in effect at the time the policy is issued. (b) Except as provided in (c), an HSA-qualified health insurance policy is exempt from any prohibition on cost-sharing requirements for a covered benefit required under Massachusetts law to the extent the exemption is necessary to allow the policy to be an “HSA-qualified health insurance policy.” (c) The exemption provided in (b) shall not apply to any coverage required by Massachusetts statute that pertains to preventive care as that term is defined by regulation or guidance by the U.S. Department of the Treasury under 26 U.S.C. 223 with respect to any HSA-qualified health insurance policy issued, delivered, amended, or renewed while such regulation or guidance is effective. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47LL thereof the following section: - Section 47MM. Notwithstanding any general or special law or rule or regulation to the contrary, any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (a) As used in this Section, "HSA-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a "high-deductible health plan" under 26 U.S.C. 223 as implemented and interpreted by the U.S. Department of the Treasury in the regulations and guidance in effect at the time the policy is issued. (b) Except as provided in (c), an HSA-qualified health insurance policy is exempt from any prohibition on cost-sharing requirements for a covered benefit required under Massachusetts law to the extent the exemption is necessary to allow the policy to be an “HSA-qualified health insurance policy.” (c) The exemption provided in (b) shall not apply to any coverage required by Massachusetts statute that pertains to preventive care as that term is defined by regulation or guidance by the U.S. Department of the Treasury under 26 U.S.C. 223 with respect to any HSA-qualified health insurance policy issued, delivered, amended, or renewed while such regulation or guidance is effective. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8NN thereof the following section: - Section 8OO. Notwithstanding any general or special law or rule or regulation to the contrary, any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (a) As used in this Section, "HSA-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a "high-deductible health plan" under 26 U.S.C. 223 as implemented and interpreted by the U.S. Department of the Treasury in the regulations and guidance in effect at the time the policy is issued. (b) Except as provided in (c), an HSA-qualified health insurance policy is exempt from any prohibition on cost-sharing requirements for a covered benefit required under Massachusetts law to the extent the exemption is necessary to allow the policy to be an “HSA-qualified health insurance policy.” (c) The exemption provided in (b) shall not apply to any coverage required by Massachusetts statute that pertains to preventive care as that term is defined by regulation or guidance by the U.S. Department of the Treasury under 26 U.S.C. 223 with respect to any HSA-qualified health insurance policy issued, delivered, amended, or renewed while such regulation or guidance is effective. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4NN thereof the following section: - Section 4OO. Notwithstanding any general or special law or rule or regulation to the contrary, any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (a) As used in this Section, "HSA-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a "high-deductible health plan" under 26 U.S.C. 223 as implemented and interpreted by the U.S. Department of the Treasury in the regulations and guidance in effect at the time the policy is issued. (b) Except as provided in (c), an HSA-qualified health insurance policy is exempt from any prohibition on cost-sharing requirements for a covered benefit required under Massachusetts law to the extent the exemption is necessary to allow the policy to be an “HSA-qualified health insurance policy.” (c) The exemption provided in (b) shall not apply to any coverage required by Massachusetts statute that pertains to preventive care as that term is defined by regulation or guidance by the U.S. Department of the Treasury under 26 U.S.C. 223 with respect to any HSA-qualified health insurance policy issued, delivered, amended, or renewed while such regulation or guidance is effective. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4FF thereof the following section: - Section 4GG. Notwithstanding any general or special law or rule or regulation to the contrary, any individual or group health maintenance contract that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (a) As used in this Section, "HSA-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a "high-deductible health plan" under 26 U.S.C. 223 as implemented and interpreted by the U.S. Department of the Treasury in the regulations and guidance in effect at the time the policy is issued. (b) Except as provided in (c), an HSA-qualified health insurance policy is exempt from any prohibition on cost-sharing requirements for a covered benefit required under Massachusetts law to the extent the exemption is necessary to allow the policy to be an “HSA-qualified health insurance policy.” (c) The exemption provided in (b) shall not apply to any coverage required by Massachusetts statute that pertains to preventive care as that term is defined by regulation or guidance by the U.S. Department of the Treasury under 26 U.S.C. 223 with respect to any HSA-qualified health insurance policy issued, delivered, amended, or renewed while such regulation or guidance is effective. SECTION 7. The provisions of this Act shall be effective for all contracts which are entered into, renewed, or amended on or after January 1, 2025.

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An Act relative to mortgage review boards and a small business loan review board within the Division of Banks

H1104

HD2538

{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-19T11:42:32.307'}

[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-19T11:42:32.3066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1104/DocumentHistoryActions

Bill

By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1104) of James M. Murphy relative to mortgage review boards and a small business loan review board within the Division of Banks. Financial Services.

SECTION 1. Chapter 167 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 14A and inserting in place thereof the following section:- Section 14A. There shall be established within the Division of Banks 2 regional mortgage review boards in the commonwealth. There shall be a Boston metropolitan area mortgage review board which shall include the counties of Suffolk, Essex, Middlesex, Norfolk, Bristol, Plymouth, Barnstable, Dukes, and Nantucket; and a central and western Massachusetts mortgage review board which shall include the counties of Worcester, Franklin, Hampden, Hampshire and Berkshire. Each such board shall consist of 5 members appointed by the commissioner for a term of 3 years, 2 of whom shall be mortgagees and 3 of whom shall be community representatives; provided, however, that all members of each such board shall live or work within the respective region. The commissioner shall provide minority and demographic representation in the membership of each board. Upon the expiration of the term of any member of a regional board, a successor shall be appointed, in like manner, for a term of 3 years. In the event of a vacancy, the commissioner may, in like manner, appoint a member who shall serve for the remainder of the unexpired term. Members of each such board shall serve without compensation, and shall be sworn to the faithful performance of their duties. Each regional board shall suggest for consideration by the commissioner 1 or more names for each such expiring term or vacancy. The mortgage review boards shall meet on a regular basis to review each residential mortgage loan denial that an applicant believes was denied on the basis of the location of the property. Any applicant whose residential mortgage loan application is denied by any mortgagee making 5 or more residential mortgage loans in any calendar year shall be instructed by the mortgagee, in writing, at the time of denial of his or her right to appeal any such denial to the appropriate mortgage review board. For the purposes of this section, a “residential mortgage loan denial” shall mean the denial of a loan on real property located within the respective regions of the Boston metropolitan area mortgage review board or the central and western Massachusetts mortgage review board having thereon a dwelling house with accommodations for 4 or less separate households and occupied, or to be occupied, in whole or in part by the obligor on the mortgage debt; provided, however, that residential property shall be limited to the primary residence of a person; provided further, that residential property shall not include an investment property or residence other than a primary residence; and provided further, that residential property shall not include residential property taken in whole or in part as collateral for a commercial loan. Said board shall review each such submitted mortgage application, make its determination and advise the applicant thereof, in writing, within 45 days of such appeal of a mortgage loan application denial and if such board fails to complete said action within said 45 days, the applicant will be considered to have exhausted his or her administrative remedies. The decision of the board shall be subject to review in the manner provided in chapter 30A, or in accordance with the provisions of section 64 of chapter 183. The commissioner may promulgate rules and regulations governing the establishment, operation and procedures of said mortgage review boards. SECTION 2. Chapter 167 of the General Laws, as so appearing, is hereby amended by striking out section 14C and inserting in place thereof the following section:- Section 14C. There shall be established within the Division of Banks a small business loan review board in the commonwealth. The board shall consist of 5 members appointed by the commissioner for a term of 3 years, 2 of whom shall be representatives of banks or bank holding companies and 3 of whom shall be small business or community representatives. In making such appointments, the commissioner may take into consideration geographic diversity within the commonwealth. Upon the expiration of the term of any member of the board, a successor shall be appointed, in like manner, for a term of 3 years. In the event of a vacancy, the commissioner may, in like manner, appoint a member who shall serve for the remainder of the unexpired term. Members of the board shall be sworn to the faithful performance of their duties. The board shall suggest for consideration by the commissioner 1 or more names for each such expiring term or vacancy. The small business loan review board shall meet on a regular basis or, as demand for its services requires, to review small business loan denials that applicants believe were unreasonably denied. The small business loan review board shall be required to report the results of its findings to the applicant within 30 days of submission of request for review; provided, however, that the board may, at its discretion, extend the review period to within 60 days of a submission or request. Upon making a determination for reason of denial, the small business loan review board shall be required to provide information on its findings to the applicant and commissioner and shall provide information to the applicant on alternative sources of financing, including information on any small business financing programs or other relevant programs offered by the commonwealth. The commissioner shall file a report regarding the activities of the small business loan review board for each calendar year with the chairs of the joint committee on community development and small business, chairs of the joint committee on economic development and emerging technologies, and chairs of the joint committee on financial services. Such report shall be filed within 60 days of the end of each calendar year. In addition, the small business loan review board may conduct annual studies or issue an annual report on the availability of credit to small businesses within all regions of the commonwealth and report back to the commissioner on its findings. The report may be made available to the public through the website of the office of consumer affairs and business regulation or the small business website established under section 3 of chapter 23A. The commissioner shall also promote the small business review board as a resource for small businesses on the small business website established under section 3 of chapter 23A. For the purposes of this section, a “small business loan” shall mean a loan by a bank, federal bank or federally chartered credit union to a business organization or entity which either had gross annual revenues of $1 million or less in its preceding calendar year or which meets the size standards and revenue requirements of the Small Business Administration for each industry sector pursuant to 13 CFR 121.201. The commissioner may promulgate rules and regulations governing the establishment, operation and procedures of said small business loan review board.

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An Act establishing uniform enforcement and confidentiality provisions relative to certain licensees under the jurisdiction of the Division of Banks

H1105

HD2541

{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-19T11:39:03.373'}

[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-19T11:39:03.3733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1105/DocumentHistoryActions

Bill

By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1105) of James M. Murphy for legislation to establish uniform enforcement and confidentiality provisions relative to certain licensees under the jurisdiction of the Division of Banks. Financial Services.

SECTION 1. Section 24D of chapter 93 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word "licensee” in lines 13, 17 and 31, the following words:— or registrant. SECTION 2. Section 24D of chapter 93 of the General Laws, as so appearing, is hereby further amended by inserting after the word "licensees” in line 36, the following words:— or registrants. SECTION 3. Chapter 93 of the General Laws, as so appearing, is hereby amended by striking out section 24F and inserting in place thereof the following section:— Section 24F. The commissioner, or the commissioner’s examiners or other assistants as the commissioner may designate, may summon a licensee or registrant, or any of its agents or employees, and other witnesses as necessary, and examine them relative to their transactions, may require the production of books and papers and, for those purposes may administer oaths. Whoever, without justifiable cause, fails or refuses to appear and testify or to produce books and papers when so required, or obstructs the commissioner or the commissioner’s representatives making the examination in the performance of their duties, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or both. Each day a violation occurs or continues shall be considered a separate offense. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating section 24A or any rule or regulation made thereunder. SECTION 4. Chapter 93 of the General Laws, as so appearing, is hereby amended by adding after section 24K the following two sections:— Section 24L. (a) Whenever the commissioner finds that any licensee or exempt person under section 24A of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of a debt collector or a third party loan servicer, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for the violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section 24A of this chapter, plus the costs of investigation. (b) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section 24A of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (c) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 24M. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of a debt collector or a third party loan servicer; or any order issued by the commissioner under this chapter or any written agreement entered between the licensee and the commissioner; the commissioner may serve upon the person a written notice of intention: (1) to prohibit the person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit the person from any further participation, in any manner, in the conduct of the affairs of a debt collector or a third party loan servicer in Massachusetts or to prohibit the person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of the request for a hearing. If the person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of prohibition in accordance with the notice. (c) In the event of a consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in the notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a debt collector or a third party loan servicer in Massachusetts may not, while the order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee or registrant under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 5. Section 99 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 99 and inserting in place thereof the following section:— Section 99. A licensee shall, when directed by the commissioner, permit the commissioner or the commissioner’s duly authorized representative to inspect its records and evidence of compliance with this chapter or any rule and regulation issued thereunder and with any other law, rule and regulation applicable to the conduct of its business. The commissioner shall preserve a full record of each examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from the reports or responses to the reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by the agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, and other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of a proceeding at which any such record may be disclosed. Copies of reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, the information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner may summon licensees, companies or associations, or any of their agents or employees, and other witnesses as necessary, and examine them relative to their transactions and to the condition of their business, and for that purpose may administer oaths. Whoever without justifiable cause refuses to appear and testify when so required, or obstructs the commissioner or the commissioner’s representatives in the performance of their duties, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or both. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating section 96 or any rule or regulation made thereunder. SECTION 6. Section 103 Chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 103, and inserting in place thereof the following three sections:— Section 103. The commissioner may suspend or revoke any license issued pursuant to section ninety-six if the commissioner finds that: (i) the licensee has violated any provision of sections ninety-six to one hundred and fourteen, inclusive, or any rule or regulation made by the commissioner under any provision of sections ninety-six to one hundred and fourteen, inclusive, or any other law applicable to the conduct of the business; or (ii) any fact or condition exists which, if it had existed at the time of the original application for the license, would have warranted the commissioner in refusing to issue the license. Except as provided in section one hundred and three A, no license shall be revoked or suspended except after notice and a hearing thereon pursuant to chapter thirty A. A licensee may surrender a license by delivering to the commissioner written notice that it thereby surrenders the license, but the surrender shall not affect the civil or criminal liability of the licensee for acts committed before the surrender. No revocation, suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any person. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating section ninety-six, ninety-seven, ninety-eight, one hundred, one hundred and one, one hundred and two, one hundred and four, one hundred and six, and one hundred and nine or any rule or regulation made thereunder. Section 103A. (a) If the commissioner determines, after giving notice of an opportunity for a hearing, that a licensee has engaged or is about to engage in an act or practice constituting a violation of a provision of sections ninety-seven, ninety-eight, one hundred, one hundred and one, one hundred and two, one hundred and four or one hundred and nine, or any rule or regulation made by the commissioner under section ninety-seven or one hundred and six, or any other law applicable to the conduct of the business, the commissioner may order the licensee to cease and desist from the unlawful act or practice and take affirmative action as in his or her judgment will effect the purpose of sections ninety-seven, ninety-eight, one hundred, one hundred and one, one hundred and two, one hundred and four or one hundred and nine, or any rule or regulation made by the commissioner under section ninety-seven or one hundred and six, or any other law applicable to the conduct of the business. (b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under section (a) the commissioner may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the licensee affected thereby that the order has been so entered, the reasons therefor, and that within 20 days after receipt of a written request from the licensee, the matter will be scheduled for a hearing to determine whether or not the temporary order shall become permanent and final. If no hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the licensee subject to the order, shall, by written finding of facts and conclusions of law, vacate, modify or make permanent the order. (c) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions which required the order have changed and that it is in the public interest to so vacate or modify. Any order issued pursuant to this section shall be subject to review as provided in chapter thirty A. Section 103B. The commissioner may enforce the provisions of section ninety-six through one hundred and fourteen A, or restrain any violations thereof, by filing a civil action in any court of competent jurisdiction. SECTION 7. Chapter 140 of the General Laws, as so appearing, is hereby amended by adding after section 113 the following two sections:— Section 113A. (a) Whenever the commissioner finds that any licensee or exempt person under section ninety-six of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of making small loans, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for the violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section ninety-six of this chapter, plus the costs of investigation. (b)In addition to any other action authorized under this chapter or any rule of regulation made thereunder, a licensee who violates the provisions of section one hundred may also be punished by imprisonment for not more than one year. Each day the violation occurs or continues shall be deemed a separate offense. Any loan made by any person so licensed in violation of section one hundred may be declared void by the supreme judicial or superior court in equity upon petition by the person to whom the loan was made. (c) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section ninety-six of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (d) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 113B. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of making small loans; or any order issued by the commissioner under this chapter or any written agreement entered between the licensee and the commissioner; the commissioner may serve upon the person a written notice of intention: (1) to prohibit the person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit the person from any further participation, in any manner, in the conduct of the affairs of a business making small loans in Massachusetts or to prohibit the person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of the request for a hearing. If the person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of prohibition in accordance with the notice. (c) In the event of a consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in the notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a business making small loans in Massachusetts may not, while the order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 8. Chapter 140 of the General Laws, as so appearing, is hereby amended by striking section 114A and inserting in place thereof the following section:— Section 114A. A bank as defined in section one of chapter one hundred sixty-seven, a national banking association, a federally chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any subsidiary of the above, shall not be subject to the provisions of sections ninety-six to one hundred fourteen, inclusive; provided, that the institutions may not take, receive, reserve or charge interest, expenses and other considerations for making or securing any loan subject to the provisions of section ninety-six in excess of those permitted by section one hundred. Any loan subject to the provisions of section ninety-six made by any bank as defined in section one of chapter one hundred sixty-seven, a national banking association, a federally-chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state on which charges for interest, expenses and other considerations exceed those permitted by section one hundred may be declared void by the supreme judicial court or superior court in equity upon petition by the person to whom the loans were made, and any bank as defined section one of chapter one hundred sixty-seven, a national banking association, a federally chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state making such a loan shall be subject to a fine of not more than $1,000. This section shall not be construed as preventing a rate of charge for interest, expenses and other consideration on one or more portions of a loan in excess of the permitted maximum rate of charge applicable to the portion or portions, provided, that the composite rate of charge on the whole loan produces an amount equal to or less than that which would be produced were the maximum rate of charge applied to the loan. Extension, default or deferment charges shall not be deemed to be interest, expenses and other considerations in determining the maximum rate of charge that may be taken, received, reserved or charged for the loan. SECTION 9. Section 4 of chapter 167F of the General Laws, as amended by section 5 of chapter 144 of the acts of 2012, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:— Any bank as defined in section one of chapter one hundred sixty-seven, a national banking association, a federally-chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state or any subsidiary of the above, may engage directly in the business of selling, issuing or registering checks or money orders for use primarily for personal, family, or household purposes, except all of the institutions described above may engage in the business through agents who shall not be deemed to be branches of the institutions. No person, other than the foregoing, shall engage in such business directly or indirectly unless a sworn statement setting forth the person’s name and address, the names and business addresses of the person’s agents, other than the financial institutions described above, authorized to receive money and transact such business on the person’s behalf is filed annually, as of a date determined by the commissioner. SECTION 10. Section 4 of Chapter 167F, as so appearing, is hereby further amended by inserting after the fourth paragraph the following two paragraphs:— The commissioner shall examine any person, to whom a certificate to engage in the business of selling, issuing or registering checks or money orders has been issued, as the commissioner deems necessary and in a manner the commissioner deems appropriate. The commissioner shall preserve a full record of each examination of a check seller including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from the reports or responses to the reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by the agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of the reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, the information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner, or the commissioner’s examiners or other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making the examination in the performance of their duty, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. SECTION 11. Said section 4 of chapter 167F of the General Laws, as so appearing, is hereby further amended by striking out the fifth paragraph. SECTION 12. Chapter 167F of the General Laws, as so appearing, is hereby amended by adding after section 4 the following two sections:— Section 4A. (a) Whenever the commissioner finds that any licensee or exempt person under section 4 of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of selling, issuing or registering checks or money orders, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for the violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section 4 of this chapter, plus the costs of investigation. (b) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section 4 of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (c) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 4B. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of selling, issuing or registering checks or money orders; or any order issued by the commissioner under this chapter or any written agreement entered between the licensee and the commissioner; the commissioner may serve upon the person a written notice of intention: (1) to prohibit the person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit the person from any further participation, in any manner, in the conduct of the affairs of selling, issuing or registering checks or money orders in Massachusetts or to prohibit the person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. Such hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of the request for a hearing. If the person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of prohibition in accordance with the notice. (c) In the event of a consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in the notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of business of selling, issuing or registering checks or money orders in Massachusetts may not, while the order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 13. Chapter 169 of the General Laws, as so appearing, is hereby amended by striking out Section 1 and inserting in place thereof the following section:— Section 1. This chapter shall apply to all persons who engage or are financially interested in the business of receiving deposits of money for the purpose of transmitting the same or equivalents thereof to foreign countries primarily for personal, family, or household purposes, except banks as defined in section one of chapter one hundred sixty-seven, a national banking association, a federally-chartered credit union, a federal savings and loan association, a federal savings bank, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the law of any other state, or any subsidiary of the above, persons doing business under section 17 of chapter 167C, express companies having contracts with transportation companies for the operation of an express service upon the lines of such companies or express companies doing an international express business or global transportation companies or telegraph companies. SECTION 14. Section 3 of chapter 169 of the General Laws, as amended by section 8 of chapter 144 of the acts of 2012, is hereby amended by striking out the eighth, thirteenth and fourteenth sentence. SECTION 15. Section 10 of chapter 169, as so appearing, is hereby amended by inserting after the second paragraph the following two paragraphs:— The commissioner shall preserve a full record of each examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from the reports or responses to the reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by the agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality in appropriate circumstances to protect the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of the reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, the information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner, or the commissioner’s examiners, or other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making the examination in the performance of their duty, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. SECTION 16. Chapter 169 of the General Laws is hereby amended by striking out section 16, as so appearing, and inserting in place thereof, the following two sections:— Section 16. (a) Whenever the commissioner finds that any licensee or exempt person under any provision of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of receiving deposits of money for the purpose of transmitting the same or equivalents thereof to foreign countries, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for the violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under any provision of this chapter, plus the costs of investigation. (b)In addition to any other action authorized under this chapter or any rule of regulation made thereunder, whoever violates any provision of this chapter or any rule or regulation made hereunder by the commissioner may be punished by imprisonment for not more than one year. (c) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under any provision of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (d) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 16. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of receiving deposits of money for the purpose of transmitting the same or equivalents thereof to foreign countries; or any order issued by the commissioner under this chapter or any written agreement entered between the licensee and the commissioner; the commissioner may serve upon the person a written notice of intention: (1) to prohibit the person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit such person from any further participation, in any manner, in the conduct of the affairs of a business of receiving deposits of money for the purpose of transmitting the same or equivalents thereof to foreign countries in Massachusetts or to prohibit such person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of such request for a hearing. If such person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, such party shall be deemed to have consented to the issuance of an order of such prohibition in accordance with the notice. (c) In the event of such consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in such notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a business of receiving deposits of money for the purpose of transmitting the same or equivalents thereof to foreign countries in Massachusetts may not, while such order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 17. Section 2 of chapter 169A of the General Laws, as so appearing, is hereby amended, in line 7, by striking out the word “bank.” and inserting in place thereof the words:— bank or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any subsidiary of the above,. SECTION 18. Section 5 of chapter 169A, as so appearing, is hereby amended by striking out the third and fourth sentences. SECTION 19. Section 10 of chapter 169A, as so appearing, is hereby amended by adding the following two paragraphs:— The commissioner shall preserve a full record of each such examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from such reports or responses to such reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by such agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of such reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, such information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner, or the commissioner’s examiners or such other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making such examination in the performance of their duty, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. SECTION 20. Chapter 169A of the General Laws, as so appearing, is hereby amended by striking out section 13 and inserting in place thereof the following two sections:— Section 13. (a) Whenever the commissioner finds that any licensee or exempt person under section two of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of cashing checks, drafts or money orders, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon such person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for such violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section two of this chapter, plus the costs of investigation. (b) In addition to any other action authorized under this chapter or any rule of regulation made thereunder, whoever violates any provision of section two or any rule or regulation made thereunder by the commissioner may be punished by imprisonment for not more than 6 months. Each day a violation continues shall be deemed a separate offense. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating section two or any rule or regulation made thereunder. (c) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section two of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (d) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 14. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of cashing checks, drafts or money orders; or any order issued by the commissioner under this chapter or any written agreement entered between such licensee and the commissioner; the commissioner may serve upon such person a written notice of intention: (1) to prohibit such person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit such person from any further participation, in any manner, in the conduct of the affairs of person or entity engaged in the cashing of checks, drafts or money orders in Massachusetts or to prohibit such person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of such request for a hearing. If such person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, such party shall be deemed to have consented to the issuance of an order of such prohibition in accordance with the notice. (c) In the event of such consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in such notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a person or entity engaged in the cashing of checks, drafts or money orders in Massachusetts may not, while such order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 21. Section 1 of chapter 255B of the General Laws, as so appearing, is hereby amended by striking out the definition of “Sales finance company” and inserting in place thereof the following definition:— "Sales finance company",. (1) a bank as defined in section one of chapter one hundred and sixty-seven, a national banking association, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association or credit union organized under the laws of any other state of the United States, or any subsidiary of the above; (2) any person engaged, in whole or in part, in the business of purchasing retail installment contracts from one or more retail sellers; and (3) a retail seller engaged, in whole or in part, in the business of holding retail installment contracts acquired from retail buyers. The term "sales finance company" does not include the pledgee of an aggregate number of such contracts to secure a bona fide loan thereon. SECTION 22. Section 2 of chapter 255B, as amended by section 9 of chapter 144 of the acts of 2012, is hereby amended by striking out the fourth and fifth sentences. SECTION 23. Section 3 of Chapter 255B, as so appearing, is hereby amended by inserting after the first paragraph the following two paragraphs:— The commissioner shall preserve a full record of each such examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from such reports or responses to such reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by such agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of such reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, such information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner, or the commissioner’s examiners, or such other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making such examination in the performance of their duty, shall be punished by a fine of not more than $1000 or by imprisonment for not more than one year. SECTION 24. Section 4 of said chapter 255B of the General Laws, as so appearing, is hereby amended by adding the following sentence:— Each day such violation occurs or continues shall be deemed a separate offense. SECTION 25. Chapter 255B of the General Laws, as so appearing, is hereby amended by striking out section 7, and inserting in place thereof the following section:— Section 7. The commissioner may suspend or revoke any license issued pursuant to this chapter if the commissioner finds that: (i) the licensee has violated any provision of this chapter or any rule or regulation adopted hereunder, or any other law applicable to the conduct of its business; or (ii) any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the commissioner in refusing to issue such license. Except as provided in section eight, no license shall be revoked or suspended except after notice and a hearing thereon pursuant to chapter thirty A. A licensee may surrender a license by delivering to the commissioner written notice that it thereby surrenders such license, but such surrender shall not affect the civil or criminal liability of the licensee for acts committed before such surrender. No revocation, suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any person. SECTION 26. Chapter 255B of the General Laws, as so appearing, is hereby amended by striking out section 8 and inserting in place thereof the following two sections:— Section 8. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has engaged in or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule, regulation or order hereunder, the commissioner may order such licensee to cease and desist from such unlawful act or practice and take such affirmative action as in his or her judgment will effect the purposes of this chapter. (b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a) the commissioner may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the licensee affected thereby that such order has been so entered, the reasons therefor, and that within 20 days after the receipt of a written request from such licensee, the matter will be scheduled for a hearing to determine whether or not such temporary order shall become permanent and final. If no such hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the licensee subject to the order, shall, by written finding of facts and conclusions of law, vacate, modify or make permanent the order. (c) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions which required such an order have changed and that it is in the public interest to so vacate or modify. Any order issued pursuant to this section shall be subject to review as provided in chapter thirty A. Section 8A. The commissioner may enforce the provisions of this chapter, or restrain any violations thereof, by filing a civil action in any court of competent jurisdiction. SECTION 27. Chapter 255B of the General Laws, as so appearing, is hereby amended by adding after section 25 the following two sections:— Section 26. (a) Whenever the commissioner finds that any licensee or exempt person under section two of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of a sales finance company, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon such person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for such violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section two of this chapter, plus the costs of investigation. (b) In addition to any other action authorized under this chapter or any rule of regulation made thereunder, whoever violates any provision of this chapter or any rule or regulation made thereunder by the commissioner may also be punished by imprisonment for not more than 6 months. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating provision of this chapter or any rule or regulation made thereunder. (c) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section two of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (d) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 27. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of a sales finance company; or any order issued by the commissioner under this chapter or any written agreement entered between such licensee and the commissioner; the commissioner may serve upon such person a written notice of intention: (1) to prohibit such person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit the person from any further participation, in any manner, in the conduct of the affairs of a sales finance company in Massachusetts or to prohibit the person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of the request for a hearing. If the person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of prohibition in accordance with the notice. (c) In the event of a consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in such notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a sales finance company in Massachusetts may not, while the order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 28. Chapter 255C of the General Laws, as amended by section 11 of chapter 144 of the acts of 2012, is hereby amended by striking out section 2 and inserting in place thereof the following section:— Section 2. No person, other than a bank as defined in section one of chapter one hundred sixty-seven, a national banking association, a federally-chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, or a bank, a trust company, savings bank, savings and loan association or credit union organized under the laws of any other state, or any subsidiary of the above, a sales finance company, as defined in section one of chapter two hundred fifty-five B, and a company licensed to carry on the business of making small loans, shall engage in the business of premium finance agency unless licensed by the commissioner, as provided in section three; provided, however, that no property and casualty insurance agent or broker, including an insurance agent or insurance broker conducting an insurance premium financing agency business under a subsidiary or different company name, who provides premium financing only to their own customers for purposes of financing payment of premiums on contracts of insurance, which contracts of insurance are exclusively limited to commercial insurance policies, shall be required to be licensed pursuant to this section or any other section of this chapter. The commissioner may adopt, amend or repeal rules and regulations, which may include an adequate capitalization requirement for sales finance companies, to aid in the administration and enforcement of this chapter. The license shall allow the holder to maintain only one office from which the business may be conducted, but more than one license may be issued to any person. Any change of location of an office of a licensee shall require the prior approval of the commissioner. The request for relocation shall be in writing setting forth the reason or reasons for the request, and shall be accompanied by a relocation investigation fee to be determined annually by the secretary of administration and finance under section 3B of chapter 7. If an applicant has more than one office, the applicant may obtain a license for each office from which the applicant intends to conduct the business. SECTION 29. Section 4 of chapter 255C, as so appearing, is hereby amended by striking out the second sentence. SECTION 30. Section 4 of chapter 255C is hereby further amended by adding the following paragraph: — If a licensee intends to carry on the business at any place in addition to the address on the license, the licensee shall so notify the commissioner, in writing, at least 30 days prior thereto, and the licensee shall pay a fee for the additional location in an amount to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The license shall not be transferable or assignable and shall expire annually on a date determined by the commissioner. SECTION 31. Chapter 255C of the General Laws, as so appearing, is hereby amended by striking out section 5, and inserting in place thereof the following three sections:— Section 5. The commissioner may suspend or revoke any license issued pursuant to this chapter if the commissioner finds that: (i) the licensee has violated any provision of this chapter or any rule or regulation adopted hereunder, or any other law applicable to the conduct of its business; or (ii) any fact or condition exists which, if it had existed at the time of the original application for the license, would have warranted the commissioner in refusing to issue the license. The commissioner shall have sufficient cause to suspend or revoke a license whenever the commissioner learns from the commissioner of insurance or from any other source that the licensee has failed to return the full amount of a return premium to the person whose insurance policy has been cancelled or to the person’s assignee, as required by section one hundred and seventy-six A of chapter one hundred and seventy-five. A licensee may surrender a license by delivering to the commissioner written notice that it thereby surrenders the license, but the surrender shall not affect the civil or criminal liability of the licensee for acts committed before the surrender. A revocation or suspension or surrender of any license shall not impair or affect the obligation of an insured under any lawful premium finance agreement previously acquired or held by the licensee. No revocation, suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any person. Whenever the commissioner revokes or suspends a license, the commissioner shall forthwith execute in duplicate a written order to that effect, and shall file one copy of the order in the office of the secretary of state and mail one copy to the licensee. A suspension or revocation of a license shall not be subject to the provisions of chapter thirty A. Section 5A. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has engaged in or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule, regulation or order hereunder, the commissioner may order the licensee to cease and desist from the unlawful act or practice and take affirmative action as in his or her judgment will effect the purposes of this chapter. (b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a) the commissioner may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the licensee affected thereby that the order has been so entered, the reasons therefor, and that within 2 days after the receipt of a written request from the licensee, the matter will be scheduled for hearing to determine whether or not the temporary order shall become permanent and final. If no hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the licensee subject to the order, shall, by written finding of facts and conclusions of law, vacate, modify or make permanent the order. (c) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions which required the order have changed and that it is in the public interest to so vacate or modify. Any order issued pursuant to this section shall be subject to review as provided in chapter thirty A. Section 5B. The commissioner may enforce the provisions of this chapter, or restrain any violations thereof, by filing a civil action in any court of competent jurisdiction. SECTION 32. Section 6 of chapter 255C, as amended by section 14 of chapter 44 of the acts of 2012, is hereby amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:— The commissioner shall preserve a full record of each examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from the reports or responses to the reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by the agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of such reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, the information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner, or the commissioner’s examiners or other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making the examination in the performance of their duty, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. SECTION 33. Section 9 of chapter 255C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph:— SECTION 34. Chapter 255C of the General Laws, as so appearing, is hereby amended by adding after section 23 the following two sections:— Section 24. (a) Whenever the commissioner finds that any licensee or exempt person under section two of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of a premium finance agency, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for the violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section two of this chapter, plus the costs of investigation. (b)In addition to any other action authorized under this chapter or any rule of regulation made thereunder, whoever violates any provision of this chapter, or knowingly makes any incorrect statement of a material fact in any application, report or statement filed pursuant to this chapter, or knowingly omits to state any material fact necessary to give the commissioner any information lawfully required, may be punished by imprisonment for not more than 6 months. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating any provision of this chapter or any rule or regulation made thereunder. (c) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section two of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (d) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 25. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of a premium finance agency; or any order issued by the commissioner under this chapter or any written agreement entered between the licensee and the commissioner; the commissioner may serve upon the person a written notice of intention: (1) to prohibit the person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit the person from any further participation, in any manner, in the conduct of the affairs of a premium finance agency in Massachusetts or to prohibit the person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of the request for a hearing. If the person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of prohibition in accordance with the notice. (c) In the event of a consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in the notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a premium finance agency in Massachusetts may not, while the order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 35. Section 1 of chapter 255D of the General Laws, as so appearing, is hereby amended by striking out the definition of “Sales finance company” in lines 98 through 105, inclusive, and inserting in place thereof the following definition:— "Sales finance company", (1) a bank as defined in section one of chapter one hundred and sixty-seven, or a national banking association or a savings and loan association, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association or credit union organized under the laws of any other state of the United States, or any subsidiary of the above, (2) any person other than an installment seller engaged, in whole or in part, in the business of purchasing retail installment sale agreements or revolving credit agreements of one or more retail sellers. The term "sales finance company" shall not include the pledgee of an aggregate number of such agreements to secure a bona fide loan thereon. SECTION 36. The first paragraph of section 2 of chapter 255D, as amended by section 14 of chapter 144 of the acts of 2012, is hereby amended by striking out the fourth and fifth sentences. SECTION 37. Section 2 of chapter 255D, as so appearing, is hereby further amended by striking out the ninth sentence. SECTION 38. Section 3 of chapter 255D of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following two paragraphs:— The commissioner shall preserve a full record of each examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from the reports or responses to the reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by the agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of such reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, the information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. The commissioner, or the commissioner’s examiners, or other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making the examination in the performance of their duty, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. SECTION 39. Chapter 255D of the General Laws, as so appearing, is hereby amended by striking out section 7 as so appearing, and inserting in place thereof the following section:— Section 7. The commissioner may suspend or revoke any license issued pursuant to this chapter if the commissioner finds that: (i) the licensee has violated any provision of this chapter or any rule or regulation adopted hereunder, or any other law applicable to the conduct of its business; or (ii) any fact or condition exists which, if it had existed at the time of the original application for the license, would have warranted the commissioner in refusing to issue the license. Except as provided in section eight, no license shall be revoked or suspended except after notice and a hearing thereon pursuant to chapter thirty A. A licensee may surrender a license by delivering to the commissioner written notice that it thereby surrenders the license, but the surrender shall not affect the civil or criminal liability of the licensee for acts committed before the surrender. No revocation, suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any person. SECTION 40. Said chapter 255D of the General Laws, as so appearing, is hereby further amended by striking out section 8, as so appearing, an inserting in place thereof the following two sections:— Section 8. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has engaged in or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule, regulation or order hereunder, the commissioner may order the licensee to cease and desist from the unlawful act or practice and take affirmative action as in his or her judgment will effect the purposes of this chapter. (b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a) the commissioner may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the licensee affected thereby that the order has been so entered, the reasons therefor, and that within 20 days after the receipt of a written request from the licensee, the matter will be scheduled for hearing to determine whether or not the temporary order shall become permanent and final. If no hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the licensee subject to the order, shall, by written finding of facts and conclusions of law, vacate, modify or make permanent the order. (c) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions which required the order have changed and that it is in the public interest to so vacate or modify. Any order issued pursuant to this section shall be subject to review as provided in chapter thirty A. Section 8A. The commissioner may enforce the provisions of this chapter, or restrain any violations thereof, by filing a civil action in any court of competent jurisdiction. SECTION 41. Section 30 of chapter 255D of the General Laws, as so appearing, is hereby repealed. SECTION 42. Chapter 255D of the General Laws, as so appearing, is hereby amended by adding after section 31 the following two sections:— Section 32. (a) Whenever the commissioner finds that any licensee or exempt person under section two of this chapter has violated any provision of this chapter or any rule or regulation adopted thereunder, or any other law of the Commonwealth applicable to the conduct of the business of a sales finance company, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation, up to a maximum of $100,000 for the violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation adopted thereunder, by a person other than a licensee or exempt person under section two of this chapter, plus the costs of investigation. (b)In addition to any other action authorized under this chapter or any rule of regulation made thereunder, whoever violates any provision of this chapter may be punished by imprisonment for not more than 6 months. The penalty provision of this section shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating section two or any rule or regulation made thereunder. (c) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section two of this chapter, to bring an action to recover damages or restitution in a court of competent jurisdiction. (d) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter thirty A. Section 33. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of a sales finance company; or any order issued by the commissioner under this chapter or any written agreement entered between the licensee and the commissioner; the commissioner may serve upon the person a written notice of intention: (1) to prohibit the person from performing in the capacity of a principal employee on behalf of any licensee for a period of time that the commissioner deems necessary; (2) to prohibit the person from applying for or obtaining a license from the commissioner for a period up to 36 months following the effective date of an order issued under subsection (b) or (c); or (3) to prohibit the person from any further participation, in any manner, in the conduct of the affairs of a sales finance company in Massachusetts or to prohibit the person from being employed by, an agent of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner. (b) A written notice issued under subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not more than 30 days after the date of service upon the commissioner of the request for a hearing. If the person fails to submit a request for a hearing within 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of prohibition in accordance with the notice. (c) In the event of a consent under subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in the notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate. (d) An order issued under subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended, or set aside by the commissioner or a court of competent jurisdiction. (e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued under subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the affairs of a sales finance company in Massachusetts may not, while the order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (1) any licensee under this chapter; (2) any other business which requires a license from the commissioner; and (3) any bank, as defined under section one of chapter one hundred sixty-seven, or any subsidiary thereof. SECTION 43. Section 8 of chapter 255E, as so appearing, is hereby amended by adding the following paragraph:-- The commissioner, or the commissioner’s examiners, or other assistants as the commissioner may designate, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making the examination in the performance of their duty, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year.

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An Act relative to the regulation of money transmission by the Division of Banks

H1106

HD2543

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[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-19T10:57:29.6566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1106/DocumentHistoryActions

Bill

By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1106) of James M. Murphy for legislation to further regulate certain money transmissions. Financial Services.

SECTION 1. Chapter 167F of the General Laws is hereby amended by striking out section 4 and inserting in place thereof the following section:- Section 4. A bank may engage directly in the business of selling, issuing or registering checks. SECTION 2. Chapter 169 of the General Laws is hereby repealed. SECTION 3. The General Laws are hereby amended by inserting after chapter 169A the following chapter:- CHAPTER 169B. THE MONEY TRANSMISSION ACT. Section 1. - This chapter shall be known and may be cited as the Money Transmission Act. Section 2 For purposes of this chapter, the following definitions shall apply: "Acting in concert" means persons knowingly acting together with a common goal of jointly acquiring control of a licensee whether or not pursuant to an express agreement. "Authorized delegate" means a person a licensee designates to engage in money transmission on behalf of the licensee. "Average daily money transmission liability" means the amount of the licensee's outstanding money transmission obligations in the Commonwealth at the end of each day in a given period of time, added together, and divided by the total number of days in the given period of time. For purposes of calculating average daily money transmission liability under this chapter for any licensee required to do so, the given period of time shall be the quarters ending March 31st, June 30th, September 30th, and December 31st. "Bank Secrecy Act" means the Bank Secrecy Act, 31 U.S.C. Section 5311, et seq. and its implementing regulations, as amended and recodified from time to time. "Closed loop stored value" means stored value that is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value; “Commissioner” means the Commissioner of Banks. "Control" means (1) (A) the power to vote, directly or indirectly, at least 25 percent of the outstanding voting shares or voting interests of a licensee or person in control of a licensee; (B) the power to elect or appoint a majority of key individuals or executive officers, managers, directors, trustees, or other persons exercising managerial authority of a person in control of a licensee; or (C) the power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee. (2) Rebuttable Presumption of Control. (A) A person is presumed to exercise a controlling influence when the person holds the power to vote, directly or indirectly, at least 10 percent of the outstanding voting shares or voting interests of a licensee or person in control of a licensee. (B) A person presumed to exercise a controlling influence as defined by this section can rebut the presumption of control if the person is a passive investor. (3) For purposes of determining the percentage of a person controlled by any other person, the person's interest shall be aggregated with the interest of any other immediate family member, including the person's spouse, parents, children, siblings, mothers- and fathers-in law, sons- and daughters-in-law, brothers- and sisters-in-law, and any other person who shares such person's home. (4) Consistent with the authority described in subsection (b) of section 5, the commissioner may adopt regulations, policies and procedures as necessary, which may modify the definition of “control” as set out in this section. “Division” shall mean the Division of Banks. “Eligible rating” shall mean a credit rating of any of the three highest rating categories provided by an eligible rating service, whereby each category may include rating category modifiers such as “plus” or “minus” for S&P, or the equivalent for any other eligible rating service. Long-term credit ratings are deemed eligible if the rating is equal to A- or higher by S&P, or the equivalent from any other eligible rating service. Short-term credit ratings are deemed eligible if the rating is equal to or higher than A-2 or SP-2 by S&P, or the equivalent from any other eligible rating service. In the event that ratings differ among eligible rating services, the highest rating shall apply when determining whether a security bears an eligible rating. “Eligible rating service” shall mean any Nationally Recognized Statistical Rating Organization (NRSRO) as defined by the U.S. Securities and Exchange Commission, and any other organization designated by the commissioner by rule or order. “Federally insured depository financial institution” means a bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or industrial loan company organized under the laws of the United States or any state of the United States, when such bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or industrial loan company has federally insured deposits. “In this state” means at a physical location within this state for a transaction requested in person. For a transaction requested electronically or by phone, the provider of money transmission may determine if the person requesting the transaction is “in this state” by relying on other information provided by the person regarding the location of the individual’s residential address or a business entity’s principal place of business or other physical address location, and any records associated with the person that the provider of money transmission may have that indicate such location, including but not limited to an address associated with an account. “Individual” means a natural person. “Key individual” means any individual ultimately responsible for establishing or directing policies and procedures of the licensee, such as an executive officer, manager, director, or trustee. “Licensee” means a person licensed under this chapter. “Material litigation” means litigation, that according to United States generally accepted accounting principles, is significant to a person’s financial health and would be required to be disclosed in the person’s annual audited financial statements, report to shareholders, or similar records. “Money” means a medium of exchange that is authorized or adopted by the United States or a foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more governments. “Monetary value” means a medium of exchange, whether or not redeemable in money. “Money transmission” means any of the following: (1) Selling or issuing payment instruments to a person located in this state. (2) Selling or issuing stored value to a person located in this state. (3) Receiving money for transmission from a person located in this state. The term shall apply only to those transactions engaged in by a person for personal, family or household purposes. The term does not include the provision solely of online or telecommunications services or network access. "MSB accredited state" means a state agency that is accredited by the Conference of State Bank Supervisors and Money Transmitter Regulators Association for money transmission licensing and supervision. "Multistate licensing process" means any agreement entered into by and among state regulators relating to coordinated processing of applications for money transmission licenses, applications for the acquisition of control of a licensee, control determinations, or notice and information requirements for a change of key individuals. "NMLS" means the Nationwide Multistate Licensing System and Registry developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and owned and operated by the State Regulatory Registry, LLC, or any successor or affiliated entity, for the licensing and registration of persons in financial services industries. "Outstanding money transmission obligations" shall be established and extinguished in accordance with applicable state law and shall mean: (1) Any payment instrument or stored value issued or sold by the licensee to a person located in the United States or reported as sold by an authorized delegate of the licensee to a person that is located in the United States that has not yet been paid or refunded by or for the licensee, or escheated in accordance with applicable abandoned property laws; or (2) Any money received for transmission by the licensee or an authorized delegate in the United States from a person located in the United States that has not been received by the payee or refunded to the sender, or escheated in accordance with applicable abandoned property laws. (3) For purposes of this section, "in the United States" shall include, to the extent applicable, a person in any state, territory, or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; or a U.S. military installation that is located in a foreign country. "Passive investor" means a person that: (1) Does not have the power to elect a majority of key individuals or executive officers, managers, directors, trustees, or other persons exercising managerial authority of a person in control of a licensee; (2) Is not employed by and does not have any managerial duties of the licensee or person in control of a licensee; (3) Does not have the power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee; and (4) Either: (A) Attests to (1), (2), and (3), in a form and in a medium prescribed by the commissioner; or (B) Commits to the passivity characteristics of (1), (2), and (3), in a written document. "Payment instrument" means a written or electronic check, draft, money order, traveler's check, or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable. The term does not include stored value or any instrument that (1) is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value; or (2) not sold to the public but issued and distributed as part of a loyalty, rewards, or promotional program. "Person" means any individual, general partnership, limited partnership, limited liability company, corporation, trust, association, joint stock corporation, or other corporate entity identified by the commissioner. "Receiving money for transmission" or "money received for transmission" means receiving money or monetary value in the United States for transmission within or outside the United States by electronic or other means. "Stored value" means monetary value representing a claim against the issuer evidenced by an electronic or digital record, and that is intended and accepted for use as a means of redemption for money or monetary value, or payment for goods or services. The term includes, but is not limited to, "prepaid access" as defined by 31 C.F.R. 1010.100, as amended or recodified from time to time. Notwithstanding the foregoing, the term "stored value" does not include a payment instrument or closed loop stored value, or stored value not sold to the public but issued and distributed as part of a loyalty, rewards, or promotional program. "Tangible net worth" shall mean the aggregate assets of a licensee excluding all intangible assets, less liabilities, as determined in accordance with United States generally accepted accounting principles. Section 3. (a) This chapter does not apply to: (1) An operator of a payment system to the extent that it provides processing, clearing, or settlement services, between or among persons exempted by this subsection or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, or similar funds transfers. (2) A person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee, provided that: (i) there exists a written agreement between the payee and the agent directing the agent to collect and process payments from payors on the payee's behalf; (ii) the payee holds the agent out to the public as accepting payments for goods or services on the payee's behalf; and (iii) payment for the goods and services is treated as received by the payee upon receipt by the agent so that the payor's obligation is extinguished and there is no risk of loss to the payor if the agent fails to remit the funds to the payee. (3) A person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient, provided that the entity: (i) is properly licensed or exempt from licensing requirements under this chapter; (ii) provides a receipt, electronic record, or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and (iii) bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient. (4) The United States or a department, agency, or instrumentality thereof, or its agent. (5) Money transmission by the United States Postal Service or by an agent of the United States Postal Service. (6) A state, county, city, or any other governmental agency or governmental subdivision or instrumentality of a state, or its agent. (7) A federally insured depository financial institution, bank holding company, office of an international banking corporation, foreign bank that establishes a federal branch pursuant to the International Bank Act, 12 U.S.C. Section 3102, as amended or recodified from time to time, corporation organized pursuant to the Bank Service Corporation Act, 12 U.S.C. Sections 1861-1867, as amended or recodified from time to time, or corporation organized under the Edge Act, 12 U.S.C. Sections 611-633, as amended or recodified from time to time. (8) Electronic funds transfer of governmental benefits for a federal, state, county, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality thereof, or on behalf of a state or governmental subdivision, agency, or instrumentality thereof. (9) A board of trade designated as a contract market under the federal Commodity Exchange Act, 7 U.S.C. Sections 1-25, as amended or recodified from time to time, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board. (10) A registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant. (11) A person registered as a securities broker-dealer under federal or state securities laws to the extent of its operation as such a broker-dealer. (12) An individual employed by a licensee, authorized delegate, or any person exempted from the licensing requirements of the chapter when acting within the scope of employment and under the supervision of the licensee, authorized delegate, or exempted person as an employee and not as an independent contractor. (13) A person expressly appointed as a third party service provider to or agent of an entity exempt under paragraph (7) of this subsection, solely to the extent that: (i) such service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and (ii) the exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent. (14) A person exempt by regulation or order if the commissioner finds such exemption to be in the public interest and that the regulation of such person is not necessary for the purposes of this chapter. (b) The commissioner may require that any person claiming to be exempt from licensing pursuant to subsection (a) provide information and documentation to the commissioner demonstrating that it qualifies for any claimed exemption. Section 4.(a)(1) In order to carry out the purposes of this chapter, the commissioner may, subject to the provisions of paragraph (1) of subsection (b) and paragraph (2) of subsection (b): (i) Enter into agreements or relationships with other government officials or federal and state regulatory agencies and regulatory associations in order to improve efficiencies and reduce regulatory burden by standardizing methods or procedures, and sharing resources, records or related information obtained under this chapter; (ii) Use, hire, contract, or employ analytical systems, methods, or software to examine or investigate any person subject to this chapter; (iii) Accept, from other state or federal government agencies or officials, licensing, examination, or investigation reports made by such other state or federal government agencies or officials; and (iv) Accept audit reports made by an independent certified public accountant or other qualified third-party auditor for an applicant or licensee and incorporate the audit report in any report of examination or investigation. (2) The commissioner shall have the broad administrative authority to administer, interpret and enforce this chapter, and promulgate rules or regulations implementing this chapter and to recover the cost of administering and enforcing this chapter by imposing and collecting proportionate and equitable fees and costs associated with applications, examinations, investigations, and other actions required to achieve the purpose of this chapter. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, all information or reports obtained by the commissioner from an applicant, licensee, or authorized delegate, and all information contained in or related to an examination, investigation, operating report, or condition report prepared by, on behalf of, or for the use of the commissioner, or financial statements, balance sheets, or authorized delegate information, are confidential and privileged, shall not be subject to subpoena, and are not subject to disclosure under chapter 66 of the General Laws. For the purpose of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by the agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality in appropriate circumstances to protect the confidentiality of any such record, other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of the proceeding at which any such record may be disclosed. Copies of the reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may, in his or her discretion, furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, the information, reports, inspections and statements relating to the licensees under the commissioner’s supervision. (2) The commissioner may disclose information not otherwise subject to disclosure under paragraph (1) of this subsection to representatives of state or federal agencies who promise in a record that they will maintain the confidentiality of the information or where the commissioner finds that the release is reasonably necessary for the protection and interest of the public in accordance with chapter 66 of the General Laws. (3) This subsection does not prohibit the commissioner from disclosing to the public a list of all licensees or the aggregated financial or transactional data concerning those licensees. (4) Information contained in the records of the division that is not confidential and may be made available to the public either on the division’s website, upon receipt by the division of a written request, or in NMLS shall include: (i) The name, business address, telephone number, and unique identifier of a licensee; (ii) The business address of a licensee's registered agent for service; (iii) The name, business address, and telephone number of all authorized delegates; (iv) The terms of or a copy of any bond filed by a licensee, provided that confidential information, including, but not limited to, prices and fees for such bond is redacted; (v) Copies of any non-confidential final orders of the division relating to any violation of this chapter or regulations implementing this chapter; and (5) Imposition of an administrative fine or penalty under this chapter. (c)(1) The commissioner may conduct an examination or investigation of a licensee or authorized delegate or otherwise take independent action authorized by this chapter or by a rule adopted or order issued under this chapter as reasonably necessary or appropriate to administer and enforce this chapter, regulations implementing this chapter, and other applicable law, including the Bank Secrecy Act and the USA PATRIOT ACT. The commissioner may: (i) conduct an examination either on-site or off-site as the commissioner may reasonably require; (ii) conduct an examination in conjunction with an examination conducted by representatives of other state agencies or agencies of another state or of the federal government; (iii) accept the examination report of another state agency or an agency of another state or of the federal government, or a report prepared by an independent accounting firm, which on being accepted is considered for all purposes as an official report of the commissioner; and (iv) summon and examine under oath a key individual or employee of a licensee or authorized delegate and require the person to produce records regarding any matter related to the condition and business of the licensee or authorized delegate. (2) A licensee or authorized delegate shall provide, and the commissioner shall have full and complete access to, all records the commissioner may reasonably require to conduct a complete examination. The records must be provided at the location and in the format specified by the commissioner, provided, the commissioner may utilize multistate record production standards and examination procedures when such standards will reasonably achieve the requirements of this paragraph. (3) Unless otherwise directed by the commissioner, a licensee shall pay all costs reasonably incurred in connection with an examination of the licensee or the licensee's authorized delegates. (d)(1) To efficiently and effectively administer and enforce this chapter and to minimize regulatory burden, the commissioner is authorized to participate in multistate supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, Money Transmitter Regulators Association, and affiliates and successors thereof for all licensees that hold licenses in this state and other states. As a participant in multistate supervision, the commissioner may: (i) cooperate, coordinate, and share information with other state and federal regulators in accordance with subsection (b) (ii) enter into written cooperation, coordination, or information-sharing contracts or agreements with organizations the membership of which is made up of state or federal governmental agencies; and (iii) cooperate, coordinate, and share information with organizations the membership of which is made up of state or federal governmental agencies, provided that the organizations agree in writing to maintain the confidentiality and security of the shared information in accordance with subsection (b). (2) The commissioner may not waive, and nothing in this subsection constitutes a waiver of, the commissioner's authority to conduct an examination or investigation or otherwise take independent action authorized by this chapter or a rule adopted or order issued under this chapter to enforce compliance with applicable state or federal law. (3) A joint examination or investigation, or acceptance of an examination or investigation report, does not waive an examination assessment provided for in this chapter. (e)(1) In the event state money transmission jurisdiction is conditioned on a federal law, any inconsistencies between a provision of this chapter and the federal law governing money transmission shall be governed by the applicable federal law to the extent of the inconsistency. (2) In the event of any inconsistencies between this chapter and a federal law that governs pursuant to paragraph (1), the commissioner may provide interpretive guidance that: (i) identifies the inconsistency; and (ii) identifies the appropriate means of compliance with federal law. Section 5.(a)(1) A person may not engage in the business of money transmission or advertise, solicit, or hold itself out as providing money transmission unless the person is licensed under this chapter; (2) This subsection does not apply to: (i) A person that is an authorized delegate of a person licensed under this chapter acting within the scope of authority conferred by a written contract with the licensee; or (ii) A person that is exempt pursuant to subsection (a) of section 3and does not engage in money transmission outside the scope of such exemption. (3) A license issued under subsection (e) is not transferable or assignable. (b)(1) To establish consistent licensing between Massachusetts and other states, the commissioner is authorized to: (i) implement all licensing provisions of this chapter in a manner that is consistent with other states that have adopted this chapter or multistate licensing processes; and (ii) participate in nationwide protocols for licensing cooperation and coordination among state regulators provided that such protocols are consistent with this chapter. (2) In order to fulfill the purposes of this chapter, the Commissioner is authorized to establish relationships or contracts with NMLS or other entities designated by NMLS to enable the Commissioner to: (i) collect and maintain records; (ii) coordinate multistate licensing processes and supervision processes; (iii) process fees; and (iv) facilitate communication between the division and licensees or other persons subject to this chapter. (3) The commissioner may participate in a multistate licensing process and the NMLS for the sharing of regulatory information and for the application, by electronic or other means, and licensing of persons engaged in money transmission. The commissioner may establish requirements for participation by an applicant in the NMLS that vary from the provisions of this chapter. The applicant shall pay directly to the NMLS any additional fee relating to participation in such multistate licensing system. (4) The commissioner is authorized to utilize NMLS forms, processes, and functionalities in accordance with this chapter. In the event NMLS does not provide functionality, forms, or processes for a provision of this chapter, the commissioner is authorized to implement the requirements in a manner that facilitates uniformity with respect to licensing, supervision, reporting, and regulation of licensees which are licensed in multiple jurisdictions. (5) For the purpose of participating in the NMLS, the commissioner is authorized to waive or modify, in whole or in part, by rule, regulation or order, any or all of the requirements and to establish new requirements as reasonably necessary to participate in the NMLS. (c)(1)The application for a license shall be in a form prescribed by the commissioner and shall contain the name and address or addresses where the business of the applicant is located and if the applicant is a partnership, association, corporation or other form of business organization, the names and addresses of each member, director and principal officer thereof. Such application shall also include a description of the activities of the applicant, in such detail and for such periods as the commissioner may require, and such further information as the commissioner may require. (2) Each application for a license shall be accompanied by an investigation fee and a license fee. The investigation and license fees shall be determined annually by the secretary of administration and finance under section 3B of chapter 7. (d)(1) Any individual in control of a licensee or applicant, any individual that seeks to acquire control of a licensee, and each key individual shall furnish to the commissioner through NMLS the following items: (i) The individual's fingerprints for submission to the Federal Bureau of Investigation and the commissioner for purposes of a national criminal history background check unless the person currently resides outside of the United States and has resided outside of the United States for the last ten years. (ii) Personal history and experience in a form and in a medium prescribed by the commissioner, to obtain the following: (A) An independent credit report from a consumer reporting agency unless the individual does not have a Social Security number, in which case, this requirement shall be waived; (B) Information related to any criminal convictions or pending charges; and (C) Information related to any regulatory or administrative action and any civil litigation involving claims of fraud, misrepresentation, conversion, mismanagement of funds, breach of fiduciary duty, or breach of contract. (2) If the individual has resided outside of the United States at any time in the last ten years, the individual shall also provide an investigative background report prepared by an independent search firm that meets the following requirements: (i) At a minimum, the search firm shall: (A) Demonstrate that it has sufficient knowledge, resources, and employs accepted and reasonable methodologies to conduct the research of the background report; and (B) Not be affiliated with or have an interest with the individual it is researching. (ii) At a minimum, the investigative background report shall be written in the English language and shall contain the following: (A) If available in the individual's current jurisdiction of residency, a comprehensive credit report, or any equivalent information obtained or generated by the independent search firm to accomplish such report, including a search of the court data in the countries, provinces, states, cities, towns, and contiguous areas where the individual resided and worked; (B) Criminal records information for the past ten years, including, but not limited to, felonies, misdemeanors, or similar convictions for violations of law in the countries, provinces, states, cities, towns, and contiguous areas where the individual resided and worked; (C) ; Employment history; (D) Media history, including an electronic search of national and local publications, wire services, and business applications; and (E) Financial services-related regulatory history, including but not limited to, money transmission, securities, banking, insurance, and mortgage-related industries. (3) The commissioner may, as part of an investigation or examination of a licensee, require a background investigation by means of state criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 on a manager of a location from which an authorized delegate engages in money transmission. (e)(1) When an application for an original license under this chapter appears to include all the items and addresses all of the matters that are required, the application is complete and the commissioner shall promptly notify the applicant in a record of the date on which the application is determined to be complete: (2) A determination by the commissioner that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items, including the Criminal Background Check response from the FBI, and address all of the matters that are required, and is not an assessment of the substance of the application or of the sufficiency of the information provided. (3) When an application is filed and considered complete under this subsection, the commissioner shall investigate the applicant's financial condition and responsibility, financial and business experience, character, and general fitness. The commissioner may conduct an on-site investigation of the applicant, the reasonable cost of which the applicant must pay. The commissioner shall issue a license to an applicant under this subsection if the commissioner finds that all of the following conditions have been fulfilled: (i) The applicant has complied with subsection (c) and subsection (d); and (ii) the financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant; and the competence, experience, character, and general fitness of the key individuals and persons in control of the applicant indicate that it is in the interest of the public to permit the applicant to engage in money transmission. (4) The commissioner is authorized to accept the results of an investigation conducted by another state regulatory agency for the purpose of paragraph (3) if a licensee avails itself or is otherwise subject to the multistate licensing process. (5) The commissioner shall issue a formal written notice of the denial of a license application within 30 days of the decision to deny the application. The Commissioner shall set forth in the notice of denial the specific reasons for the denial of the application. An applicant whose application is denied by the commissioner under this paragraph may appeal pursuant to the procedures set forth in chapter 30A of the General Laws. (6) The initial license term shall begin on the day the application is approved. The license shall expire on December 31st of the year in which the license term began, unless the initial license date is between November 1st and December 31st, in which instance the initial license term shall run through December 31st of the following year. (f) A license may be renewed upon the filing of a renewal application in such form and containing all such information as the commissioner may prescribe. (1) An annual renewal fee to be determined annually by the secretary of administration and finance under the provisions of section 3B of chapter 7 shall be paid upon submission of the renewal application. (2) The renewal term shall be for a period of 1 year and shall begin on January 1st of each year after the initial license term and shall expire on December 31st of the year the renewal term begins. (g)(1) If a licensee does not continue to meet the qualifications or satisfy the requirements that apply to an applicant for a new money transmission license, the Commissioner may suspend or revoke the licensee's license in accordance with the procedures established by this chapter or chapter 30A of the General Laws.. (2) An applicant for a money transmission license must demonstrate that it meets or will meet, and a money transmission licensee must at all times meet, the requirements in subsections (a) through (c), inclusive, of section 10of this chapter. (h) A licensee shall annually, not later than a date to be determined by the commissioner, file a report with the commissioner containing such information as the commissioner may require concerning the business and operations during the preceding calendar year. A licensee neglecting to file such report or failing to amend the same within 15 days of notice from the commissioner directing the same shall, unless such neglect or failure is due to justifiable cause and not due to willful neglect, pay to the commonwealth $50 for each day during which such neglect or failure continues. Section 6.(a)(1) Any person, or group of persons acting in concert, seeking to acquire control of a licensee shall file notice with the commissioner prior to acquiring control. An addition or replacement of a key individual pursuant to subsection (b) is not deemed to be an acquisition of control of a licensee and is not subject to these acquisition of control provisions. (2) A person, or group of persons acting in concert, seeking to acquire control of a licensee shall, in cooperation with the licensee submit a notice in a form and in a medium prescribed by the commissioner. (3) Upon request, the commissioner may permit a licensee or the person, or group of persons acting in concert, to submit some or all information required by the commissioner pursuant to paragraph (2) without using NMLS. (4) The notice required by paragraph (2) shall include information required by subsection (d) of section 5 for any new key individuals that have not previously completed the requirements of subsection (d) of section 5 for a licensee. (5) When a notice is filed, the commissioner shall investigate as deemed necessary the person, or group of persons acting in concert, seeking to acquire control. The commissioner shall not object to an acquisition of control pursuant to this subsection if the commissioner finds that all of the following conditions have been fulfilled: (i) The requirements of paragraphs (2) and (4) of this subsection have been met, as applicable; and (ii) the financial condition and responsibility, character, and general fitness of the person, or group of persons acting in concert, seeking to acquire control; and the competence, experience, character, and general fitness of the key individuals and persons that would be in control of the licensee after the acquisition of control indicate that it is in the interest of the public consistent with the purposes of this chapter to permit the person, or group of persons acting in concert, to control the licensee. (6) The requirements of paragraph (1) and paragraph (2) of this subsection do not apply to any of the following: (i) A person that acts as a proxy for the sole purpose of voting at a designated meeting of the shareholders or holders of voting shares or voting interests of a licensee or a person in control of a licensee; (ii) A person that acquires control of a licensee by devise or descent; (iii) A person that acquires control of a licensee as a personal representative, custodian, guardian, conservator, or trustee, or as an officer appointed by a court of competent jurisdiction or by operation of law; (iv) A person that is exempt under paragraph (7) of subsection (a) of section 3; (v) A public offering of securities of a licensee or a person in control of a licensee; or (vi) An internal reorganization of a person in control of the licensee where the ultimate person in control of the licensee remains the same. (7) Persons in clauses (ii) through (iv), inclusive, of paragraph (6) in cooperation with the licensee shall notify the commissioner within 15 days after the acquisition of control. (8) The commissioner is authorized to accept the determination pursuant to subsection (a) of section 6 of this chapter of another state regulatory agency if a licensee avails itself or is otherwise subject to the multistate licensing process. (b)(1) A licensee adding or replacing any key individual shall: (i) Provide notice in a manner prescribed by the commissioner within 15 days after the effective date of the key individual's appointment; and (ii) Provide information as required by subsection (d) of section 5. (2) When a notification pursuant to this section is filed, the commissioner shall investigate as deemed necessary the key individual. The commissioner shall not object to the change of key individual pursuant to this section if the commissioner finds that the financial responsibility, character, and general fitness of the key individual would indicate that it is in the interest of the public consistent with the purposes of this chapter. (3) The commissioner is authorized to accept the determination pursuant to subsection (b) of section 6 of this chapter of another state regulatory agency if the licensee avails itself or is otherwise subject to the multistate licensing process. Section 7.(a)(1) Each licensee shall submit a report of condition within 45 days of the end of the calendar quarter, or within any extended time as the commissioner may prescribe. (2) The report of condition shall include: (i) Financial information at the licensee level; (ii) Nationwide and state-specific money transmission transaction information in every jurisdiction in the United States where the licensee is licensed to engage in money transmission; (iii) Permissible investments report; (iv) Transaction destination country reporting for money received for transmission, if applicable; and (v) Any other information the commissioner reasonably requires with respect to the licensee. The commissioner is authorized and encouraged to utilize NMLS for the submission of the report required by paragraph (1) of this subsection this and is authorized to change or update as necessary the requirements of this subsection to carry out the purposes of this chapter and maintain consistency with NMLS reporting. (3) The information required by clause (iv) of paragraph (2) of this subsection shall only be included in a report of condition submitted within 45 days of the end of the fourth calendar quarter. (b)(1) Each licensee shall, within 90 days after the end of each fiscal year, or within any extended time as the commissioner may prescribe, file with the commissioner: (i) An audited financial statement of the licensee for the fiscal year prepared in accordance with United States generally accepted accounting principles; and (ii) Any other information as the commissioner may reasonably require. (2) The audited financial statements shall be prepared by an independent certified public accountant; (3) The audited financial statements shall include or be accompanied by a certificate of opinion of the independent certified public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the licensee to take any action as the Commissioner may find necessary to enable the independent or certified public accountant or independent public accountant to remove the qualification. (c)(1) Each licensee shall submit a report of authorized delegates within 45 days of the end of the calendar quarter. The commissioner is authorized and encouraged to utilize NMLS for the submission of the report required by this paragraph provided that such functionality is consistent with the requirements of this subsection. (2) The authorized delegate report shall include, at a minimum, each authorized delegate's: (i) Company legal name; (ii) Taxpayer employer identification number; (iii) Principal provider identifier; (iv) Physical address; (v) Mailing address; (vi) Any business conducted in other states; (vii) Any fictitious or trade name; (viii) Contact person name, phone number, and email (ix) Start date as licensee’s authorized delegate; (x) End date acting as licensee’s authorized delegate, if applicable; and (xi) Any other information the commissioner reasonably requires with respect to the authorized delegate. (d)(1) A licensee shall file a report with the commissioner within one business day after the licensee has reason to know of the occurrence of any of the following events: (i) the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Section 101-110, as amended or recodified from time to time, for bankruptcy or reorganization; (ii) the filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of its creditors; or (iii) the commencement of a proceeding to revoke or suspend its license in a state or country in which the licensee engages in business or is licensed. (2) A licensee shall file a report with the commissioner within three business day after the licensee has reason to know of the occurrence of any of the following events: (i) a charge or conviction of the licensee or of a key individual or person in control of the licensee for a felony; or (ii) a charge or conviction of an authorized delegate for a felony. (e) A licensee and an authorized delegate shall file all reports required by federal currency reporting, record keeping, and suspicious activity reporting requirements as set forth in the Bank Secrecy Act and other federal and state laws pertaining to money laundering. The timely filing of a complete and accurate report required under this subsection with the appropriate federal agency is deemed compliant with the requirements of this subsection. (f)(1) Licensee shall maintain the following records, for determining its compliance with this chapter for at least 3 years: (i) a record of each outstanding money transmission obligation sold; (ii) a general ledger posted at least monthly containing all asset, liability, capital, income, and expense accounts; (iii) bank statements and bank reconciliation records; (iv) records of outstanding money transmission obligations; (v) records of each outstanding money transmission obligation paid within the three-year period; (vi) a list of the last known names and addresses of all of the licensee's authorized delegates; and (vii) any other records the commissioner reasonably requires by rule. (2) The items specified in paragraph (1) of this subsection may be maintained in any form of record. (3) Records specified in paragraph (1) of this subsection may be maintained outside this state if they are made accessible to the commissioner on 7 business-days' notice that is sent in a record. (4) All records maintained by the licensee as required in clauses (i) through (iii), inclusive, of this subsection are open to inspection by the commissioner pursuant to paragraph (1) of subsection (c) of section 4. Section 8.(a)(1) In this subsection, "remit" means to make direct payments of money to a licensee or its representative authorized to receive money or to deposit money in a bank in an account specified by the licensee. (2) Before a licensee is authorized to conduct business through an authorized delegate or allows a person to act as the licensee's authorized delegate, the licensee must: (i) adopt, and update as necessary, written policies and procedures reasonably designed to ensure that the licensee's authorized delegates comply with applicable state and federal law; (ii) enter into a written contract that complies with paragraph (4); and (iii) conduct a reasonable risk-based background investigation sufficient for the licensee to determine whether the authorized delegate has complied and will likely comply with applicable state and federal law. (3) An authorized delegate must operate in full compliance with this chapter. (4) The written contract required by paragraph (2) must be signed by the licensee and the authorized delegate and, at a minimum, must: (i) appoint the person signing the contract as the licensee's authorized delegate with the authority to conduct money transmission on behalf of the licensee; (ii) set forth the nature and scope of the relationship between the licensee and the authorized delegate and the respective rights and responsibilities of the parties; (iii) require the authorized delegate to agree to fully comply with all applicable state and federal laws, rules, and regulations pertaining to money transmission, including this chapter and regulations implementing this chapter, relevant provisions of the Bank Secrecy Act and the USA PATRIOT ACT; (iv) require the authorized delegate to remit and handle money and monetary value in accordance with the terms of the contract between the licensee and the authorized delegate; (v) impose a trust on money and monetary value net of fees received for money transmission for the benefit of the licensee; (vi) require the authorized delegate to prepare and maintain records as required by this chapter or regulations implementing this chapter, or as reasonably requested by the Commissioner; (vii) acknowledge that the authorized delegate consents to examination or investigation by the commissioner; (viii) state that the licensee is subject to regulation by the Commissioner and that, as part of that regulation, the commissioner may suspend or revoke an authorized delegate designation or require the licensee to terminate an authorized delegate designation; and (ix) acknowledge receipt of the written policies and procedures required under clause (i) of paragraph (2). (5) If the licensee's license is suspended, revoked, surrendered, or expired, the licensee must, within 5 business days, provide documentation to the commissioner that the licensee has notified all applicable authorized delegates of the licensee whose names are in a record filed with the commissioner of the suspension, revocation, surrender, or expiration of a license. Upon suspension, revocation, surrender, or expiration of a license, applicable authorized delegates shall immediately cease to provide money transmission as an authorized delegate of the licensee. (6) An authorized delegate of a licensee holds in trust for the benefit of the licensee all money net of fees received from money transmission. If any authorized delegate commingles any funds received from money transmission with any other funds or property owned or controlled by the authorized delegate, all commingled funds and other property shall be considered held in trust in favor of the licensee in an amount equal to the amount of money net of fees received from money transmission. (7) An authorized delegate may not use a subdelegate to conduct money transmission on behalf of a licensee. (b) A person shall not engage in the business of money transmission on behalf of a person not licensed under this chapter or not exempt pursuant to section 3 of this chapter. A person that engages in such activity provides money transmission to the same extent as if the person were a licensee, and shall be jointly and severally liable with the unlicensed or nonexempt person. Section 9.(a)(1) Every licensee shall forward all money received for transmission in accordance with the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur. (2) If a licensee fails to forward money received for transmission in accordance with this section, the licensee must respond to inquiries by the sender with the reason for the failure unless providing a response would violate a state or federal law, rule, or regulation. (b)(1) This subsection does not apply to: (i) money received for transmission subject to the federal Remittance Rule (12 C.F.R. Part 1005, Subpart B), as amended or recodified from time to time; or (ii) money received for transmission pursuant to a written agreement between the licensee and payee to process payments for goods or services provided by the payee. (2) Every licensee shall refund to the sender within 10 days of receipt of the sender's written request for a refund of any and all money received for transmission unless any of the following occurs: (i) The money has been forwarded within 10 days of the date on which the money was received for transmission; (ii) Instructions have been given committing an equivalent amount of money to the person designated by the sender within 10 days of the date on which the money was received for transmission; (iii) The agreement between the licensee and the sender instructs the licensee to forward the money at a time that is beyond 10 days of the date on which the money was received for transmission. If funds have not yet been forwarded in accordance with the terms of the agreement between the licensee and the sender, the licensee shall issue a refund in accordance with the other provisions of this subsection; or (iv) The refund is requested for a transaction that the licensee has not completed based on a reasonable belief or a reasonable basis to believe that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur. (v) The refund request does not enable the licensee to: (A) Identify the sender's name and address or telephone number; or (B) Identify the particular transaction to be refunded in the event the sender has multiple transactions outstanding. (c)(1) This subsection does not apply to: (i) Money received for transmission subject to the federal Remittance Rule (12 C.F.R. Part 1005, Subpart B), as amended or recodified from time to time; (ii) money received for transmission that is not primarily for personal, family or household purposes; or (iii) money received for transmission pursuant to a written agreement between the licensee and payee to process payments for goods or services provided by the payee. (2) For purposes of this subsection "receipt" means a paper receipt, electronic record or other written confirmation. For a transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt. For a transaction conducted electronically or by phone, a receipt may be provided electronically. All electronic receipts shall be provided in a retainable form. (3) Every licensee or its authorized delegate shall provide the sender a receipt for money received for transmission. (i) The receipt shall contain the following information, as applicable: (A) The name of the sender; (B) The name of the designated recipient; (C) The date of the transaction; (D) The unique transaction or identification number; (E) The name of the licensee, NMLS Unique ID, the licensee's business address, and the licensee’s customer service telephone number; (F) The amount of the transaction in United States dollars; (G) Any fee charged by the licensee to the sender for the transaction; and (H) Any taxes collected by the licensee from the sender for the transaction. (ii) The receipt required by this subsection shall be in English and in the language principally used by the licensee or authorized delegate to advertise, solicit, or negotiate, either orally or in writing, for a transaction conducted in person, electronically or by phone, if other than English. Section 10.(a)(1) A licensee under this chapter shall maintain at all times a tangible net worth of the greater of $100,000 or 3 percent of total assets for the first $100 million, 2 percent of additional assets for $100 million to $1 billion, and 0.5 percent of additional assets for over $1 billion. (2) Tangible net worth must be demonstrated at initial application by the applicant’s most recent audited or reviewed financial statements. (3) Notwithstanding the foregoing provisions of this subsection, the Commissioner shall have the authority, for good cause shown, to exempt, in-part or in whole, from the requirements of this subsection any applicant or licensee. (b)(1) An applicant for a money transmission license must provide, and a licensee at all times must maintain, security consisting of a surety bond in a form satisfactory to the commissioner. (2) The amount of the required security shall be the greater of $100,000 or an amount equal to one hundred percent of the licensee's average daily money transmission liability in this state calculated for the most recently completed three-month period, up to a maximum of $500,000. (3) A licensee that maintains a bond in the maximum amount provided for in clause (1) or (2) of this subsection shall not be required to calculate its average daily money transmission liability in this state for purposes of this subsection. (4) A licensee may exceed the maximum required bond amount pursuant to clause (v) of paragraph (1) of subsection d. (c)(1) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with United States generally accepted accounting principles of not less than the aggregate amount of all of its outstanding money transmission obligations. (2) Except for permissible investments enumerated in paragraph (1) of subsection (d), the Commissioner, with respect to any licensee, may by rule or order limit the extent to which a specific investment maintained by a licensee within a class of permissible investments may be considered a permissible investment, if the specific investment represents undue risk to customers, not reflected in the market value of investments. (3) Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations in the event of insolvency, the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Section 101-110, as amended or recodified from time to time, for bankruptcy or reorganization, the filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or in the event of an action by a creditor against the licensee who is not a beneficiary of this statutory trust. No permissible investments impressed with a trust pursuant to this paragraph shall be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of this statutory trust. (4) Upon the establishment of a statutory trust in accordance with paragraph (3) or when any funds are drawn on a letter of credit pursuant to clause (iv) of paragraph (1) of subsection (d), the commissioner shall notify the applicable regulator of each state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the trust or the funds drawn on the letter of credit, as applicable. Notice shall be deemed satisfied if performed pursuant to a multistate agreement or through NMLS. Funds drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations, are deemed held in trust for the benefit of such purchasers and holders on a pro rata and equitable basis in accordance with statutes pursuant to which permissible investments are required to be held in this state, and other states, as applicable. Any statutory trust established hereunder shall be terminated upon extinguishment of all of the licensee's outstanding money transmission obligations. (5) The commissioner by rule or by order may allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment. The commissioner is authorized to participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment. (d)(1) The following investments are permissible under subsection (c): (i) cash (including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers in a federally insured depository financial institution) and cash equivalents including ACH items in transit to the licensee and ACH items or international wires in transit to a payee, cash in transit via armored car, cash in smart safes, cash in licensee-owned locations, debit card or credit card-funded transmission receivables owed by any bank, or money market mutual funds rated "AAA" by S&P, or the equivalent from any eligible rating service; (ii) certificates of deposit or senior debt obligations of an insured depository institution, as defined in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813, as amended or recodified from time to time, or as defined under the federal Credit Union Act, 12 U.S.C. Section 1781, as amended or recodified from time to time; (iii) an obligation of the United States or a commission, agency, or instrumentality thereof; an obligation that is guaranteed fully as to principal and interest by the United States; or an obligation of a state or a governmental subdivision, agency, or instrumentality thereof; (iv) the full drawable amount of an irrevocable standby letter of credit for which the stated beneficiary is the commissioner under such terms as the commissioner may define by regulation, policies, procedures, or other guidance; (v) One hundred percent of the surety bond [or deposit] provided for under subsection (b) that exceeds the average daily money transmission liability in this state. (2) Unless permitted by the commissioner by rule or by order to exceed the limit as set forth herein, the following investments are permissible under subsection (c) to the extent specified: (i) receivables that are payable to a licensee from its authorized delegates in the ordinary course of business that are less than seven days old, up to 50% of the aggregate value of the licensee's total permissible investments; (ii) of the receivables permissible under clause (i) of paragraph (2), receivables that are payable to a licensee from a single authorized delegate in the ordinary course of business may not exceed 10% of the aggregate value of the licensee's total permissible investments. (iii) the following investments are permissible up to 20% per category and combined up to 50% of the aggregate value of the licensee's total permissible investments: (A) A short-term (up to six months) investment bearing an eligible rating; (B) Commercial paper bearing an eligible rating; (C) A bill, note, bond, or debenture bearing an eligible rating; (D) U.S. tri-party repurchase agreements collateralized at 100% or more with U.S. government or agency securities, municipal bonds, or other securities bearing an eligible rating; (E) Money market mutual funds rated less than "AAA" and equal to or higher than "A-" by S&P, or the equivalent from any other eligible rating service; and (F) A mutual fund or other investment fund composed solely and exclusively of one or more permissible investments listed in clauses (i) through (iii), inclusive, of paragraph (1). (iv) cash (including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers) at foreign depository institutions are permissible up to 10% of the aggregate value of the licensee's total permissible investments if the licensee has received a satisfactory rating in its most recent examination and the foreign depository institution: (A) has an eligible rating; is registered under the Foreign Account Tax Compliance Act; (B) is not located in any country subject to sanctions from the Office of Foreign Asset Control; and (C) is not located in a high-risk or non-cooperative jurisdiction as designated by the Financial Action Task Force. Section 11.(a)(1) The commissioner may suspend or revoke a license or order a licensee to revoke the designation of an authorized delegate if: (i) the licensee violates this chapter or a rule adopted or an order issued under this chapter; (ii) the licensee does not cooperate with an examination or investigation by the commissioner; (iii) the licensee engages in fraud, intentional misrepresentation, or gross negligence; (iv) an authorized delegate is convicted of a violation of a state or federal anti-money laundering statute, or violates a rule adopted or an order issued under this chapter, as a result of the licensee's willful misconduct or willful blindness; (v) the competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, key individual, or responsible person of the authorized delegate indicates that it is not in the public interest to permit the person to provide money transmission; (vi) the licensee engages in an unsafe or unsound practice; (vii) the licensee is insolvent, suspends payment of its obligations, or makes a general assignment for the benefit of its creditors; or (viii) the licensee does not remove an authorized delegate after the commissioner issues and serves upon the licensee a final order including a finding that the authorized delegate has violated this chapter. (2) In determining whether a licensee is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the licensee's money transmission, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the person involved. (b)(1) The Commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the Commissioner finds that: (i) the authorized delegate violated this chapter or a rule adopted or an order issued under this chapter; (ii) the authorized delegate did not cooperate with an examination or investigation by the commissioner; (iii) the authorized delegate engaged in fraud, intentional misrepresentation, or gross negligence; (iv) the authorized delegate is convicted of a violation of a state or federal anti-money laundering statute; (v) the competence, experience, character, or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money transmission; or (vi) the authorized delegate is engaging in an unsafe or unsound practice. (2) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the authorized delegate's provision of money transmission, the magnitude of the loss, the gravity of the violation of this chapter or a rule adopted or order issued under this chapter, and the previous conduct of the authorized delegate. (3) An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate according to procedures prescribed by the commissioner. (c)(1) If the commissioner determines, after giving notice of and opportunity for a hearing, that a person or entity has engaged in or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule, regulation or order hereunder, they may order such person or entity to cease and desist from such unlawful act or practice and take such affirmative action as in their judgment will effect the purposes of this chapter. (2) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a) they may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the person or entity affected thereby that such order has been so entered, the reasons therefor, and that within twenty days after the receipt of a written request from such person or entity, the matter will be scheduled for hearing to determine whether or not such temporary order shall become permanent and final. If no such hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the person or entity subject to said order, shall, by written finding of facts and conclusions of law, vacate, modify or make permanent the order. (3) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions which required such an order have changed and that it is in the public interest to so vacate or modify. (4) Any order issued pursuant to this section shall be subject to review as provided in chapter thirty A. (d) The Commissioner may assess a civil penalty against a person or entity that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed two thousand dollars per day for each day the violation is outstanding or per transaction, plus this State's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees. (e) The commissioner may enforce the provisions of this chapter or restrain violations thereof by filing a civil action in the superior court department of the trial court. Section 12.(a) In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (b) If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. SECTION 4. (a) A license issued pursuant to chapter 169 of the General Laws or section 4 of chapter 167F of the General Laws, including all authorized delegate location designations, that is in effect immediately before the effective date of chapter 169B shall remain in force as a license under said chapter 169 or said section 4 of said chapter 167F. Such licensees shall file a renewal application in accordance with section 6 of chapter 169B of the General Laws, as inserted by SECTION 3. (b) Any person that was not required to obtain a license pursuant to chapter 169 of the General Laws or pursuant to section 4 of chapter 167F of the General Laws, but that is now required to obtain a license under chapter 169B of the General Laws shall file an application for a license within 6 months of the effective date of Section 5 of chapter 169B, as inserted by SECTION 3, to continue conducting money transmission in the commonwealth directly or through authorized delegates. If such application is timely filed and pending with the commissioner, that person may continue to conduct money transmission in the commonwealth, until such time as the application has been approved, withdrawn or denied. (c) All authorized delegate designations under section 4 of chapter 167F of the General Laws that are in effect as of the effective date of chapter 169B shall be deemed in compliance with chapter 169B.- (d) A licensee shall only be required to amend its authorized delegate contracts for contracts entered into or amended after the effective date. Nothing herein shall be construed as limiting an authorized delegate’s obligations to operate in full compliance with chapter 169B. SECTION 5. Section 4 of chapter 169B of the General Laws, as inserted by SECTION 3, shall take effect upon passage. SECTION 1, SECTION 2, and the remainder of SECTION 3 shall take effect 9 months after the effective date of this act.

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An Act relative to fairness in debt collection

H1107

HD682

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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-14T17:21:42.07'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1107/DocumentHistoryActions

Bill

By Representatives Nguyen of Andover and Barber of Somerville, a petition (accompanied by bill, House, No. 1107) of Tram T. Nguyen, Christine P. Barber and others relative to the collection of consumer debt. Financial Services.

SECTION 1. The General Laws are hereby amended by inserting after chapter 93K the following chapter:- CHAPTER 93L. DEBT COLLECTION FAIRNESS ACT. Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: “Charge-off”, a declaration by a creditor that a delinquent consumer loan, consumer credit account or other consumer debt has been removed from a creditor’s books as an asset and treated as a loss or expense. “Consumer”, a natural person. “Consumer form contract”, a contract in writing between a business and a consumer involving goods or services including, but not limited to, credit or financial services, primarily for personal, family or household purposes, that has been drafted by the business for use with more than 1 consumer, unless the only other consumer is the spouse of the first consumer. “Consumer debt”, an obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services that are the subject of the transaction are primarily for personal, family or household purposes, whether or not the obligation has been reduced to judgment; provided, however, that “consumer debt” shall not include a common expense or charge levied under chapter 183A or 183B; an obligation or alleged obligation to pay common expenses or charges levied pursuant to a covenant or agreement running with the land; or a residential mortgage loan. A “residential mortgage loan” shall mean any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling as defined in 15 U.S.C. section 1602(w) or residential real estate upon which is constructed or intended to be constructed a dwelling as so defined. “Creditor”, a person or entity to whom a debt is owed, including a judgment creditor and any other person or entity that obtains an execution on a debt; provided, however, that “creditor” shall not include an organization of unit owners as defined in section 1 of chapter 183A, a time- share association under chapter 183B or a homeowner association or entity to whom debt is owed pursuant to a covenant or agreement running with the land. “Debt buyer”, a person or entity that is engaged in the business of purchasing delinquent or charged-off consumer loans or consumer credit accounts or other delinquent consumer debt for collection purposes, whether it collects the debt itself or hires a third-party for collection or an attorney for litigation in order to collect the debt. “Debt collector”, any person or entity who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. “Earnings”, gross compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, payment for skilled, personal or professional services or otherwise, whether earned as an employee or as an independent contractor. “Execution”, an attachment, levy, garnishment or other disablement, freeze or seizure of property, whether pre-judgment or post-judgment, to satisfy a debt or a creditor’s exercise of a right of setoff to collect a debt; provided, however, that it shall not include self-help repossession of collateral. “Exempt”, not subject to execution, levy, attachment, garnishment, setoff, self-help, seizure or other form of process, court order, creditor or other action for debt collection or restitution or other equitable claim unless otherwise specified. “Garnishment”, a legal or equitable procedure through which the earnings, property or funds of a person are required by a court of competent jurisdiction to be withheld by another entity for payment of a debt to a creditor. “Trustee”, a trustee served pursuant to chapter 246. Section 2. (a) Notwithstanding section 34 of chapter 235, if earnings of a consumer are attached to satisfy a judgment for collection of a consumer debt, that consumer’s earnings for a week that are less than 65 times the greater of the federal minimum hourly wage under 29 U.S.C. section 206(a)(1) or the state minimum hourly wage under section 1 of chapter 151 in effect at the time shall be exempt from the attachment and not subject to garnishment. This exemption shall be adjusted pro rata for a pay period that is more than weekly. (b) If the consumer’s earnings exceed the amount that is exempt under subsection (a), not more than 10 per cent of the excess earnings shall be subject to garnishment. (c) Notwithstanding subsection (a), a judgment debtor may seek to exempt additional wages from attachment by making a claim of undue financial hardship by filing a form with the court. Such form shall be prepared by the court to allow a judgment debtor to easily identify the basis for the judgment debtor’s request for an additional exemption. Upon the filing of the financial hardship form, the court shall hold a hearing as soon as practicable to determine the total amount that shall be exempted from the judgment debtors’ wages. (d) If more than 1 order of attachment for a consumer debt is served on a trustee with respect to the same consumer, the order of attachment served earliest shall take priority. If an order of attachment with greater priority consumes the entirety of the income that is available for garnishment under the preceding subsections, then the consumer’s earnings shall not be garnished pursuant to the order of attachment with lower priority. (e) The protections for earnings under this section apply to consumers whose physical place of employment is in the commonwealth, notwithstanding that the consumer’s employer may have corporate offices or other places of business located outside the commonwealth. (f) This section shall not apply in a proceeding to attach earnings or a pension to satisfy a divorce, separate maintenance or child support order of a court of competent jurisdiction and in such a proceeding, including an action for trustee process to enforce a support order under section 36A of chapter 208, federal law limiting the amounts that may be trusteed, assigned or attached in order to satisfy an alimony, maintenance or child support order shall apply. (g) Except as otherwise permitted by law, an amount held by a trustee for a defendant in a pension, as defined in section 28 of chapter 246 shall be reserved in the hands of the trustee and shall be exempt from attachment to satisfy a judgment for collection of a consumer debt. (h) An employer shall not take adverse action against an employee or refuse to hire an individual because of one or more garnishments for consumer debts or because of obligations that any garnishments impose against the employer. An employer who violates this section shall be liable in a civil action, action for contempt or other appropriate proceeding to the employee or individual for the wages and employment benefits lost by the employee or individual from the time of the unlawful discipline, suspension, refusal to hire or discharge to the period of reinstatement and an additional penalty of not more than $1,000. (i) Income from child support payments shall be exempt from collection. Section 3. (a) Notwithstanding section 2 of chapter 260, an action for the collection of a consumer debt shall be commenced only within four years after the cause of action accrues. This limitations period shall apply to a consumer debt, whether the claim sounds in contract, account stated, open account or other cause, and notwithstanding another applicable statute of limitations of the Commonwealth or other jurisdiction. This time period also applies to a claim for a consumer debt based on a contract or instrument under seal. (b) Notwithstanding section 14 of chapter 260, a payment on a consumer debt after the limitations period in subsection (a) has run shall not revive or extend the limitations period or bar the consumer from asserting a defense to the collection of a consumer debt. (c) No creditor, debt buyer, or debt collector shall bring a suit or initiate an arbitration or other legal proceeding to collect a consumer debt if the applicable limitations period on the consumer debt in subsection (a) has expired. (d) A waiver by a consumer of a protection or right under this section is void and shall not be enforced. (e) Notwithstanding section 20 of chapter 260 or any other general or special law to the contrary, an action upon a judgment or decree on a consumer debt, including an execution upon or trustee process based on the judgment or decree and other activity to collect on the judgment, shall be commenced within 10 years after the entry of the judgment or decree. If an action on a judgment has commenced within 10 years, it may be renewed once for another 10 years. A judgment whose enforcement has been barred by the running of this limitations period shall not be revived or renewed. Section 4. (a) For matters arising from a consumer debt, a plaintiff who has obtained a judgment shall provide written notice to a consumer at least 30 days prior to a supplementary proceeding in a civil action for the examination of a consumer pursuant to section 14 of chapter 224 or a payment review hearing in a small claims action pursuant to Uniform Small Claims Rule 7(i). The notice shall inform the consumer of the opportunity to submit a financial affidavit in a form prescribed by the court. If the consumer indicates through the financial affidavit that all income and assets are exempt and files it as directed by the court, the court shall acknowledge receipt and inform both parties that the hearing is canceled. Once a signed financial affidavit form indicating that all income and assets are exempt is on file in that case, no further supplementary proceedings or payment review hearings may be scheduled unless the judgment creditor presents evidence of the judgment debtor’s non-exempt income or assets and the court determines that there is a reasonable basis to believe that there are non-exempt assets or income warranting the scheduling of a new supplementary proceeding or payment review hearing. (b) Notwithstanding the provisions of sections 18 and 20 of chapter 224 or any other applicable law or court rule, for matters arising from a consumer debt no capias or other warrant to compel the attendance of a consumer shall be issued for failure of the consumer to appear at a supplementary proceeding in a civil action for the examination of a consumer pursuant to section 14 of chapter 224 or a payment review hearing in a small claims action pursuant to Uniform Small Claims Rule 7(i). Instead failure to appear shall trigger the scheduling of a show cause hearing for the court to determine whether a capias or other warrant to compel the attendance of a consumer should issue. No capias or other warrant shall issue to compel the attendance of a consumer without evidence that notice of the show cause hearing was served on the consumer either by signed return receipt or by a sworn return of service. (c) Notwithstanding the provisions of sections 18 and 20 of chapter 224 or any other applicable law or court rule, a consumer that is compelled to attend pursuant to a capias or other warrant shall be brought before the court the same day. The consumer shall be given the opportunity to complete the financial affidavit described in paragraph (a). The capias or other warrant shall be satisfied by the consumer’s appearance in court or completion of the financial affidavit indicating that all forms of income and assets are exempt. (d) Notwithstanding the provisions of sections 18 and 20 of chapter 224 or any other applicable law or court rule, no person shall be imprisoned or jailed for failure to pay a consumer debt, nor shall any person be imprisoned or jailed for contempt of or failure to comply with a court order to pay a consumer debt in part or in full. Section 5. (a) If a plaintiff prevails in an action to collect a consumer debt, interest computed pursuant to section 6C of chapter 231 or section 8 of chapter 235 shall be limited to a fixed rate of interest of 2 percent per annum. A higher rate of interest on the judgment shall not be permitted, including the rate provided for in the contract. Notwithstanding any interest rate specified in a judgment prior to January 1, 2024 the applicable interest rate to be applied by the judgment creditor or its assignee on and after January 1, 2024, shall be 2%. Judgments issued prior to January 1, 2024 with an interest rate other than 2% are not required to be amended or reissued by the courts. (b) If the plaintiff prevails in an action to collect a consumer debt, the plaintiff shall be entitled to collect attorney’s fees only if the contract or other document evidencing the indebtedness sets forth an obligation of the consumer to pay attorney’s fees, subject to the following provisions: (i) if the contract or other document evidencing indebtedness provides for attorney’s fees in some specific percentage, the provision and obligation shall be valid and enforceable up to but not in excess of 15 per cent of the amount of the debt excluding attorney’s fees and collection costs; (ii) if a contract or other document evidencing indebtedness provides for the payment of reasonable attorney’s fees by the consumer , without specifying a specific percentage, the provision shall be construed to mean the lesser of 15 per cent of the amount of the debt, excluding attorney’s fees and collection costs, or the amount of attorney’s fees calculated by a reasonable rate for such cases multiplied by the amount of time reasonably expended to obtain the judgment; and (iii) the documentation setting forth a party’s obligation to pay attorney’s fees shall be provided to the court before a court may enforce those provisions; provided, however, that the documentation shall not include materials that the plaintiff has already filed together with the complaint in compliance with applicable court rules. (c) If the consumer is the prevailing party in an action to collect a consumer debt, the consumer shall be entitled to an award of reasonable attorney’s fees, unless the case is voluntarily dismissed with prejudice pursuant to Rule 41(a)(1)(i) of the Massachusetts Rules of Civil Procedure or a stipulation of dismissal explicitly provides otherwise. The amount of the debt that the plaintiff sought shall not be a factor in determining the reasonableness of the award. In the alternative, at the consumer’s election, a prevailing consumer in an action to collect a consumer debt shall be awarded the amount of attorney’s fees that the plaintiff would have been entitled to collect if the plaintiff had been the prevailing party. Section 6. (a) A violation of sections 2 to 5, inclusive, shall also be a violation of chapter 93A. (b) A portion of a contract, including a consumer form contract, that violates sections 2 to 5, inclusive, shall be void. SECTION 2. Section 28 of chapter 246 of the General Laws is hereby amended by adding the following paragraph: This section shall not apply in a proceeding to attach earnings or a pension to satisfy a judgment for collection of a consumer debt, as defined in section 1 of chapter 93L, and in such an action said chapter 93L shall apply. SECTION 3. Section 3 of Chapter 93L shall not apply to a consumer debt for which the cause of action accrued before January 1, 2024; provided, however, that subsection (b) of section 3 of said chapter 93L shall apply to payments made after the effective date of this act. Provided further that subsection (b) of section 6 of chapter 93L shall not apply to a contract, including a consumer form contract that is in effect before January 1, 2024. SECTION 4. This act shall take effect on January 1, 2024.

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An Act relative to community behavioral health centers

H1108

HD3168

{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T23:13:04.647'}

[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T23:13:04.6466667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-20T10:22:58.0433333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-30T19:22:03.2333333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-30T19:22:03.2333333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-10T17:54:22.82'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-28T12:05:22.0833333'}]

{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T23:13:04.647'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1108/DocumentHistoryActions

Bill

By Representatives O'Day of West Boylston and Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1108) of James J. O'Day, Michael P. Kushmerek and others relative to healthcare coverage for medically necessary behavioral health bundled services delivered through community behavioral health centers. Financial Services.

SECTION 1. Chapter 32A of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 30 the following new section:- Section 31. (a) For the purposes of this section, the following words shall have the following meanings: “Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter. “Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00. (b) Any health plan offered by 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 medically necessary behavioral health bundled services delivered through community behavioral health centers. SECTION 2. Chapter 175 of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 47PP the following new section:- Section 47QQ. (a) For the purposes of this section, the following words shall have the following meanings: “Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter. “Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00. (b) Any individual policy of accident and sickness insurance issued pursuant to section 108, which provides hospital expense and surgical expense insurance, and a group blanket or general policy of accident and sickness insurance issued pursuant to section 110, which 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 medically necessary behavioral health bundled services delivered through community behavioral health centers. SECTION 3. Chapter 176A of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 38 the following new section:- Section 39. (a) For the purposes of this section, the following words shall have the following meanings: “Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter. “Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00. (b) Any 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 medically necessary behavioral health bundled services delivered through community behavioral health centers. SECTION 4. Chapter 176B of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 25 the following new section:- Section 26. (a) For the purposes of this section, the following words shall have the following meanings: “Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter. “Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00. (b) Any 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 medically necessary behavioral health bundled services delivered through community behavioral health centers. SECTION 5. Chapter 176G of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section the following new section 33:- Section 34. (a) For the purposes of this section, the following words shall have the following meanings: “Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter. “Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00. (b) Any health maintenance contract issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for medically necessary behavioral health bundled services delivered through community behavioral health centers.

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An Act relative to insurance benefits relating to relocation costs

H1109

HD2248

{'Id': 'JAP1', 'Name': 'Jerald A. Parisella', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAP1', 'ResponseDate': '2023-01-19T11:33:54.05'}

[{'Id': 'JAP1', 'Name': 'Jerald A. Parisella', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAP1', 'ResponseDate': '2023-01-19T11:33:54.05'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1109/DocumentHistoryActions

Bill

By Representative Parisella of Beverly, a petition (accompanied by bill, House, No. 1109) of Jerald A. Parisella relative to insurance benefits relating to relocation costs. Financial Services.

SECTION 1. Section 99 of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 350-351, the words “up to a limit of seven hundred and fifty” and inserting in place thereof the following words:- which shall be no less than five thousand. SECTION 2. This act shall take effect upon its passage.

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An Act to protect children from the use of alcohol and marijuana

H111

HD1888

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T18:41:07.563'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T18:41:07.5633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T11:11:39.4666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H111/DocumentHistoryActions

Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 111) of Daniel J. Hunt and Michelle M. DuBois relative to advertising for the distribution of alcohol or marijuana within a mile of a school zone. Cannabis Policy.

SECTION 2. Section 29 of chapter 93 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end, the following "Shall not advertise for the distribution use of alcohol or marijuana within 5,280 feet of a school zone."

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An Act relative to dental insurance assignment of benefits

H1110

HD3364

{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-12T12:32:27.92'}

[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-12T12:32:27.92'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-03T08:43:24.1766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-07-03T08:43:24.1766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1110/DocumentHistoryActions

Bill

By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1110) of Alice Hanlon Peisch relative to dental insurance assignment of benefits. Financial Services.

SECTION 1. Chapter 176W of the General Laws, as so appearing the 2020 Official Edition, is hereby amended by inserting the following chapter:- Chapter 176X. Dental Benefit Plans Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meaning:- “Carrier”, any insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175, non-profit medical service corporation under chapter 176B; a dental service corporation organized under chapter 176E, health maintenance organization organized under chapter 176G, or preferred provider arrangement organized under chapter 176I offering dental benefit plans in the commonwealth. “Commissioner”, the commissioner of the division of insurance. “Connector”, the commonwealth health insurance connector, established by chapter 176Q. “Dental benefit plans”, any stand-alone dental plan that covers oral surgical care, services, procedures or benefits covered by any individual, general, blanket or group policy of health, accident and sickness insurance issued by an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group dental medical service plan issued by a non-profit medical service corporation under chapter 176B; any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group dental service plan issued by a dental service corporation organized under chapter 176E; any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group dental health maintenance contract issued by a health maintenance organization organized under chapter 176G; or any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group preferred provider dental plan issued by a preferred provider arrangement organized under chapter 176I. “Self-insured customer”, a self-insured group for which a carrier provides administrative services. “Self-insured group”, a self-insured or self-funded employer group health plan. “Third-party administrator”, a person who, on behalf of a dental insurer or purchaser of dental benefits, receives or collects charges, contributions or premiums for, or adjusts or settles claims on or for residents of the commonwealth. “Written direction” refers to the assignment of benefits to the dental provider by the patient on the claim form sent electronically or by regular mail to the dental plan. Section 2. Dental insurance assignment of benefits. Dental benefit plans as defined in section 1 shall allow, as a provision in a group or individual policy, contract or health benefit plan for coverage of dental services, any person insured by such entity to direct, in writing, that benefits from a health benefit plan, policy or contract, be paid directly to a dental care provider who has not contracted with the entity to provide dental services to persons covered by the entity but otherwise meets the credentialing criteria of the entity. If written direction to pay is executed and written notice of the direction to pay is provided to such entity, the insuring entity shall pay the benefits directly to the dental care provider. The amount of benefits paid directly to the dental care provider under this section must be at least equal to the amount paid to participating dentists. The entity paying the dentist, pursuant to a direction to pay duly executed by the subscriber, shall have the right to review the records of the dentist receiving such payment that relate exclusively to that particular subscriber/patient to determine that the service in question was rendered. Provided, however, this section shall not apply to insurance coverage providing benefits for: (1) hospital confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily injury or death by accident or both; and (9) other limited benefit policies.

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An Act relative to a dental patient bill of rights

H1111

HD3365

{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-12T12:33:17.317'}

[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-12T12:33:17.3166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-03T08:43:16.2833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-07-03T08:43:16.2833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1111/DocumentHistoryActions

Bill

By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1111) of Alice Hanlon Peisch relative to a dental insurance. Financial Services.

Chapter 176X of the General Laws, as appearing in the 2020 Official Edition, are hereby amended by adding the following chapter:- Chapter 176Y SECTION 1. DISCLOSURE OF BENEFIT TERMS. (a) An employee benefit plan or health insurance policy shall: (1) if applicable, disclose that the benefit for dental care services offered is limited to the least costly treatment; and (2) specify in dollars and cents the amount of the payment or reimbursement to be provided for dental care services or define AND explain the standard on which payment of benefits or reimbursement for the cost of dental care services is based, such as: (A) "usual and customary" fees; (B) "reasonable and customary fees; (C) "usual, customary, and reasonable" fees; or (D) preset fee schedule or (E) words of similar meaning. (b) A person or entity who provides or issues an employee benefit plan or health insurance policy or the employer or employee organization, if applicable, shall establish an Internet website to provide resources and accurate information to dentists, insureds, participants, employees, and members, including the standard on which reimbursement is based. (c) An employee benefit plan or health insurance policy shall make accessible on the Internet website established under subsection (b) information about the plan or policy sufficient for patients and dentists to determine the type of dental care services covered by the plan or policy and the amount of the payment or reimbursement available for those services under the plan or policy. Access to the Internet website must be at no charge to patients under the plan or policy and dentists providing dental care services to the patients whether in network or out of network. SECTION 2. (a) The employee benefit plan or health insurance policy shall: (1) provide: (A) that payment or reimbursement for a noncontracting provider dentist shall be the same or greater as payment or reimbursement for a contracting provider dentist; (B) that the party to or beneficiary of the plan or policy may assign the right to payment or reimbursement to the dentist who provides the dental care services; and (C) one or more methods of payment or reimbursement that provide the dentist 100 percent of the contracted amount of the payment or reimbursement and that do not require the dentist to incur a fee to access the payment or reimbursement; and (2) disclose on the Internet website required under and on request of a dentist or a party to or beneficiary of the plan or policy the fees, if any, associated with the methods of payment or reimbursement available under the plan or policy. SECTION 3. (a) An employee benefit plan or health insurance policy may not: (1) interfere with or prevent an individual who is a party to or beneficiary of the plan or policy from selecting a dentist of the individual's choice to provide a dental care service the plan or policy offers if the dentist selected is licensed in this state to provide the service; (2) deny a dentist the right to participate as a contracting provider under the plan or policy if the dentist is licensed to provide the dental care services the plan or policy offers; (3) authorize a person to regulate, interfere with, or intervene in the provision of dental care services a dentist provides a patient, including diagnosis, if the dentist practices within the scope of the dentist's license; (4) require a dentist to make or obtain a dental x-ray or other diagnostic aid in providing dental care services; or (5) deduct the amount of an overpayment of a claim from a payment or reimbursement of another claim unless both claims were for dental services provided to the same patient by the same dentist. (b) This section does not prohibit the predetermination of benefits for dental care expenses before the attending dentist provides treatment. An employee benefit plan or health insurance policy that provides a written predetermination of benefits to a dentist with respect to a dental care service for a patient that includes a specific benefit payment or reimbursement amount may not pay or reimburse the dentist for providing that service to the patient in an amount that is less than the amount set forth in the predetermination.

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An Act relative to the Massachusetts Uniform Commercial Code

H1112

HD3379

{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:55:13.023'}

[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:55:13.0233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1112/DocumentHistoryActions

Bill

By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1112) of Alice Hanlon Peisch relative to the Massachusetts Uniform Commercial Code. Financial Services.

SECTION 1. Section 1-201(b)(10) of said chapter 106 is hereby amended by (i) inserting, after the word “that”, the following words:-- “, based on the totality of the circumstances,”, (ii) striking out the words “Conspicuous terms include the following:” in that Section, and (iii) striking out subsections (A) and (B). SECTION 2. Said chapter 106 is hereby amended by striking out Section 1-201(b)(15), and inserting in place thereof the following Section:-- (15) “Delivery”, with respect to an electronic document of title, means voluntary transfer of control and, with respect to an instrument, a tangible document of title, or an authoritative tangible copy of a record evidencing chattel paper, means voluntary transfer of possession. SECTION 3. Section 1-201(b)(16) of said chapter 106 is hereby is hereby amended by inserting the following new Section at the end of Section 1-201(b):-- (16A) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. SECTION 4. Section 1-201(b)(21) of said chapter 106 is hereby amended by inserting in subsection C, after the word “control”, the following words:-- “, other than pursuant to Section 7-106(g)”. SECTION 5. Said chapter 106 is hereby amended by striking out Section 1-201(b)(24), and inserting in place thereof the following Section:-- (24) “Money” means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization, or pursuant to an agreement between two or more countries. The term does not include an electronic record that is a medium of exchange recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by the government. SECTION 6. Said chapter 106 is hereby amended by striking out Section 1-201(b)(27), and inserting in place thereof the following Section:-- (27) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. The term includes a protected series, however denominated, of an entity if the protected series is established under law other than this chapter that limits, or limits if conditions specified under the law are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series. SECTION 7. Said chapter 106 is hereby amended by striking out Section 1-201(b)(36), and inserting in place thereof the following section:-- (36) “Send”, in connection with a record or notification, means: (A) to deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or (B) to cause the record or notification to be received within the time it would have been received if properly sent under subparagraph (A). SECTION 8. Said chapter 106 is hereby amended by striking out Section 1-201(b)(37), and inserting in place thereof the following section:-- (37) “Sign” means, with present intent to authenticate or adopt a record: (A) execute or adopt a tangible symbol; or (B) attach to or logically associate with the record an electronic symbol, sound, or process. “Signed”, “signing”, and “signature” have corresponding meanings. SECTION 9. Section 1-204 of said chapter 106 is hereby amended by (i) striking out the word “[and]” after the word “4,” and (ii) striking out “[and 6],” after the word “5,” and inserting in place thereof the following words:-- “[6,] and 12,”. SECTION 10. Section 1-301(c) of said chapter 106 is hereby further amended by (i) striking out the period at the end of subsection (8) and by inserting in place thereof the following:-- “;”, and (ii) inserting the following new section at the end of Section 1-301(c):-- (9) Section 12-107. SECTION 11. Section 1-306 of said chapter 106 is hereby amended by striking out the words “an authenticated” after the words “party in” and by inserting in place thereof the following words:-- “a signed”. SECTION 12. Said chapter 106 is hereby amended by striking out Section 2-102 and inserting in place thereof the following Section:-- SECTION 2-102. Scope; Certain Security and Other Transactions Excluded from this Article. (1) Unless the context otherwise requires, and except as provided in subsection (3), this Article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2). (2) In a hybrid transaction: (a) If the sale-of-goods aspects do not predominate, only the provisions of this Article that relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply. (b) If the sale-of-goods aspects predominate, this Article applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction that do not relate to the sale of goods. (3) This Article does not: (a) apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or (b) impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers. SECTION 13. Section 2-106 of said chapter 106 is hereby amended by inserting a reference to a definition for “hybrid transaction” which appears therein, and by inserting the following new section:-- (5) “Hybrid transaction” means a single transaction involving a sale of goods and: (a) the provision of services; (b) a lease of other goods; or (c) a sale, lease, or license of property other than goods. SECTION 14. Section 2-201 of said chapter 106 is hereby amended by striking out subsection (1), and by inserting in place thereof the following new subsection:-- (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is a record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party’s authorized agent or broker. A record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in the record. SECTION 15. Section 2-201 of said chapter 106 is further amended by striking out subsection (2), and by and inserting in place thereof the following new subsection:-- (2) Between merchants if within a reasonable time a record in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against the party unless notice in a record of objection to its contents is given within 10 days after it is received. SECTION 16. Section 2-202 of said chapter 106 is hereby amended by (i) striking out the word “written after the word “final”, (ii) striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following word:-- “record”, and (iii) inserting a colon after the word “supplemented”. SECTION 17. Section 2-203 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following word:-- “record”. SECTION 18. Section 2-205 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following word:-- “record”. SECTION 19. Section 2-209 of said chapter 106 is hereby amended by inserting, after the word “writing”, the following:-- “or other signed record”. SECTION 20. Section 2-607(3) of said chapter 106 is hereby amended by (i) striking out the word “he” after the word “after” in subsection (a) and inserting in place thereof the word “it”, and (ii) striking out the words “such a” after the word “of” in subsection (b) and inserting in place thereof the following word:-- “the”. SECTION 21. Section 2-607(5) of said chapter 106 is hereby amended by striking out the word “he” after the word “defend” in that Section, and by inserting in place thereof the following:-- “it”. SECTION 22. Said chapter 106 is hereby amended by striking out Section 2A-102, and by inserting in place thereof the following new Section:-- Section 2A-102. Scope. (1) This Article applies to any transaction, regardless of form, that creates a lease and, in the case of a hybrid lease, it applies to the extent provided in subsection (2). (2) In a hybrid lease: (a) if the lease-of-goods aspects do not predominate: (i) only the provisions of this Article which relate primarily to the lease-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply; (ii) Section 2A 209 applies if the lease is a finance lease; and (iii) Section 2A-407 applies to the promises of the lessee in a finance lease to the extent the promises are consideration for the right to possession and use of the leased goods; and (b) if the lease-of-goods aspects predominate, this Article applies to the transaction, but does not preclude application in appropriate circumstances of other law to aspects of the lease which do not relate to the lease of goods. SECTION 23. Section 2A-103 of said chapter 106 is hereby amended by inserting at the end of subsection (1) the following new section:-- (h.1) “Hybrid lease” means a single transaction involving a lease of goods and: (i) the provision of services; (ii) a sale of other goods; or (iii) a sale, lease, or license of property other than goods. SECTION 24. Section 2A-107 of said chapter 106 is hereby amended by (i) striking out the word “written” after the word “a”, (ii) inserting the words “in a” after the word “renunciation”, and (iii) striking out the word “and” after the word “signed” and inserting in place thereof the following:-- “record”. SECTION 25. Section 2A-201 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following:-- “record”. SECTION 26. Section 2A-202 of said chapter 106 is hereby amended by (i) striking out the word “written” after the word “final”, and (ii) striking out the word “writing” wherever it appears in that Section and inserting in each place thereof the following:-- “record”. SECTION 27. Section 2A-203 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following:-- “record”. SECTION 28. Section 2A-205 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following:-- “record”. SECTION 29. Section 2A-208 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following:-- “record”. SECTION 30. Section 3-103(a) of chapter 106 of the General Laws is hereby amended by (i) striking the definition out of the definition of “good faith”, (ii) inserting the following definitions in alphabetical order and (iii) renumbering all of the definitions in numerical order:-- (2) “Consumer account” means an account established by an individual primarily for personal, family, or household purposes. (3) “Consumer transaction” means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes. (10) “Principal obligor,” with respect to an instrument, means the accommodated party or any other party to the instrument against whom a secondary obligor has recourse under this Article. (13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (15) “Remotely-created consumer item” means an item drawn on a consumer account, which is not created by the payor bank and does not bear a handwritten signature purporting to be the signature of the drawer. (16) “Secondary obligor,” with respect to an instrument, means (i) an indorser or an accommodation party, (ii) a drawer having the obligation described in Section 3-414(d), or (iii) any other party to the instrument that has recourse against another party to the instrument pursuant to Section 3-116(b). SECTION 31. Section 3-103(b) of said chapter 106 is hereby amended by inserting a reference to a definition for “Account” which appears in “Section 4-104”. SECTION 32. Section 3-104(a)(3) of said chapter 106 is hereby amended by striking the word “or” following “collateral,” in subsection (ii), by inserting a comma after the word “obligor” in subsection (iii) and by inserting the following new sections at the end of Section 3-104(a):-- (iv) a term that specifies the law that governs the promise or order, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order. SECTION 33: Section 3-105 of said chapter is hereby amended by inserting before the words “the first”, the following:--“(1)”, and by inserting after the word “person”, the following:-- “; or”. SECTION 34: Section 3-105 of said chapter is further amended by inserting the following new section after Section 3-105(a)(1):-- (2) if agreed by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item that enables the depositary bank to collect the item by transferring or presenting under federal law an electronic check SECTION 35. Section 3-106 of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following word:-- “record”. SECTION 36. Section 3-116(b) of said chapter 106 is hereby amended by striking out the words “3-419(e)” in that Section and by inserting in place thereof the following words:-- “3-419(f)”. SECTION 37. Section 3-116(c) of said chapter 106 is hereby repealed. SECTION 38. Section 3-119 of said chapter 106 is hereby amended by striking out the word “written” in that Section and by inserting, after the word “litigation”, the following words:-- “in a record”. SECTION 39. Section 3-305(a) of said chapter 106 is hereby amended by striking out the words “stated in subsection (b)” in that Section and by inserting in place thereof the following words:-- “otherwise provided in this section”. SECTION 40. Section 3-305 of said chapter 106 is hereby amended by inserting the following new sections at the end of Section 3-305:-- (e) In a consumer transaction, if law other than this Article requires that an instrument include a statement to the effect that the rights of a holder or transferee are subject to a claim or defense that the issuer could assert against the original payee and the instrument does not include such a statement: (1) the instrument has the same effect as if the instrument included such a statement; (2) the issuer may assert against the holder or transferee all claims and defenses that would have been available if the instrument included such a statement; and (3) the extent to which the claims may be asserted against the holder or transferee is determined as if the instrument included such a statement. (f) This section is subject to law other than this Article which establishes a different rule for consumer transactions. SECTION 41. Said chapter 106 is hereby amended by striking out Section 3-309(a), and inserting in place thereof the following Section:-- (a) A person not in possession of an instrument is entitled to enforce the instrument if: (1) the person seeking to enforce the instrument: (A) was entitled to enforce the instrument when loss of possession occurred; or (B) has directly or indirectly acquired ownership of the instrument from a person that was entitled to enforce the instrument when loss of possession occurred; (2) the loss of possession was not the result of a transfer by the person or a lawful seizure; and (3) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. SECTION 42. Section 3-312(a)(3) of said chapter 106 is hereby amended by striking out the word “written” in that Section and by inserting, after the word “made”, the following words:-- “in a record”. SECTION 43: Section 3-401 of said chapter is hereby amended by striking out the word “(a)” before the words “A person”, and by striking out section 3-401(b). SECTION 44. Section 3-416(a) of said chapter 106 is hereby amended by (i) striking out the word “and” after the word “warrantor;” in subsection (4), (ii) striking out the period at the end of subsection (5), (iii) inserting in place thereof the following:-- “; and”, and (iv) by inserting the following new section:-- (6) with respect to a remotely-created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn. SECTION 45. Section 3-416 of said chapter 106 is hereby further amended by inserting the following new section at the end of Section 3-416:-- (e) A claim for breach of the warranty in subsection (a)(6) is available against a previous transferor of the item only to the extent that under applicable law (including the applicable choice-of-law principle) all previous transferors of the item made the warranty in subsection (a)(6). SECTION 46. Section 3-417(a) of said chapter 106 is hereby amended by (i) striking out the word “and” after the word “altered;” in subsection (2), (ii) striking out the period at the end of subsection (3) and inserting in place thereof the following:-- “; and”, and (iii) by inserting the following new section:-- (4) with respect to any remotely-created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn. SECTION 47. Section 3-417 of said chapter 106 is hereby further amended by inserting the following new section at the end of Section 3-417:-- (g) A claim for breach of the warranty in subsection (a)(4) is available against a previous transferor of the item only to the extent that under applicable law (including the applicable choice-of-law principle) all previous transferors of the item made the warranty in subsection (a)(4). SECTION 48. Section 3-419 of said chapter 106 is hereby amended by striking out subsection (e) and by inserting the following new sections at the end of Section 3-419:-- (e) If the signature of a party to an instrument is accompanied by words indicating that the party guarantees payment or the signer signs the instrument as an accommodation party in some other manner that does not unambiguously indicate an intention to guarantee collection rather than payment, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument in the same circumstances as the accommodated party would be obliged, without prior resort to the accommodated party by the person entitled to enforce the instrument. (f) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. In proper circumstances, an accommodation party may obtain relief that requires the accommodated party to perform its obligations on the instrument. An accommodated party that pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party. SECTION 49. Said chapter 106 is hereby amended by striking out Section 3-602, and inserting in place thereof the following Section:-- SECTION 3-602. PAYMENT. (a) Subject to subsection (e), an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, and to a person entitled to enforce the instrument. (b) Subject to subsection (e), a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee, reasonably identifies the transferred note, and provides an address at which payments subsequently are to be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection (c) even if the party obliged to pay the note has received a notification under this subsection. (c) Subject to subsection (e), to the extent of a payment under subsections (a) and (b), the obligation of the party obliged to pay the instrument is discharged even if payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. (d) Subject to subsection (e), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including a party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection (b) after the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer. (e) The obligation of a party to pay an instrument is not discharged under subsections (a) through (d) if: (1) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and (i) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or (ii) in the case of an instrument other than a cashier's check, teller's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or (2) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. (f) In this section, "signed," with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record. SECTION 50. Section 3-604(a) of said chapter 106 is hereby amended by striking out the word “writing” in that Section and by inserting in place thereof the following word:-- “record”. SECTION 51: Section 3-604(a)(ii) of said chapter 106 is hereby amended by inserting, after the word “record.” the following words:-- The obligation of a party to pay a check is not discharged solely by destruction of the check in connection with a process in which information is extracted from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment. SECTION 52. Section 3-604 of said chapter 106 is further amended by striking subsection (c). SECTION 53. Said chapter 106 is hereby amended by striking out Section 3-605, and inserting in place thereof the following Section:-- SECTION 3-605. DISCHARGE OF SECONDARY OBLIGORS. (a) If a person entitled to enforce an instrument releases the obligation of a principal obligor in whole or in part and another party to the instrument is a secondary obligor with respect to the obligation of that principal obligor, the following rules apply: (1) Any obligations of the principal obligor to the secondary obligor with respect to any previous payment by the secondary obligor are not affected. Unless the terms of the release preserve the secondary obligor's recourse, the principal obligor is discharged, to the extent of the release, from any other duties to the secondary obligor under this Article. (2) Unless the terms of the release provide that the person entitled to enforce the instrument retains the right to enforce the instrument against the secondary obligor, the secondary obligor is discharged to the same extent as the principal obligor from any unperformed portion of its obligation on the instrument. If the instrument is a check and the obligation of the secondary obligor is based on an indorsement of the check, the secondary obligor is discharged without regard to the language or circumstances of the discharge or other release. (3) If the secondary obligor is not discharged under paragraph (2), the secondary obligor is discharged to the extent of the value of the consideration for the release and to the extent that the release would otherwise cause loss to the secondary obligor. (b) If a person entitled to enforce an instrument grants a principal obligor an extension of the time at which one or more payments are due on the instrument and another party to the instrument is a secondary obligor with respect to the obligation of that principal obligor, the following rules apply: (1) Any obligations of the principal obligor to the secondary obligor with respect to any previous payment by the secondary obligor are not affected. Unless the terms of the extension preserve the secondary obligor's recourse, the extension correspondingly extends the time for performance of any other duties owed to the secondary obligor by the principal obligor under this Article. (2) The secondary obligor is discharged to the extent that the extension would otherwise cause loss to the secondary obligor. (3) To the extent that the secondary obligor is not discharged under paragraph (2), the secondary obligor may perform its obligations to a person entitled to enforce the instrument as if the time for payment had not been extended or, unless the terms of the extension provide that the person entitled to enforce the instrument retains the right to enforce the instrument against the secondary obligor as if the time for payment had not been extended, treat the time for performance of its obligations as having been extended correspondingly. (c) If a person entitled to enforce an instrument agrees, with or without consideration, to a modification of the obligation of a principal obligor other than a complete or partial release or an extension of the due date and another party to the instrument is a secondary obligor with respect to the obligation of that principal obligor, the following rules apply: (1) Any obligations of the principal obligor to the secondary obligor with respect to any previous payment by the secondary obligor are not affected. The modification correspondingly modifies any other duties owed to the secondary obligor by the principal obligor under this Article. (2) The secondary obligor is discharged from any unperformed portion of its obligation to the extent that the modification would otherwise cause loss to the secondary obligor. (3) To the extent that the secondary obligor is not discharged under paragraph (2), the secondary obligor may satisfy its obligation on the instrument as if the modification had not occurred or treat its obligation on the instrument as having been modified correspondingly. (d) If the obligation of a principal obligor is secured by an interest in collateral, another party to the instrument is a secondary obligor with respect to that obligation, and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of the secondary obligor is discharged to the extent of the impairment. The value of an interest in collateral is impaired to the extent the value of the interest is reduced to an amount less than the amount of the recourse of the secondary obligor or the reduction in value of the interest causes an increase in the amount by which the amount of the recourse exceeds the value of the interest. For purposes of this subsection, impairing the value of an interest in collateral includes failure to obtain or maintain perfection or recordation of the interest in collateral; release of collateral without substitution of collateral of equal value or equivalent reduction of the underlying obligation; failure to perform a duty to preserve the value of collateral owed, under Article 9 or other law, to a debtor or other person secondarily liable; and failure to comply with applicable law in disposing of or otherwise enforcing the interest in collateral. (e) A secondary obligor is not discharged under subsections (a)(3), (b), (c), or (d) unless the person entitled to enforce the instrument knows that the person is a secondary obligor or has notice under Section 3-419(c) that the instrument was signed for accommodation. (f) A secondary obligor is not discharged under this section if the secondary obligor consents to the occurrence or nonoccurrence of the event or conduct that is the basis of the discharge or the instrument or a separate agreement of the party provides for waiver of discharge under this section specifically or by general language indicating that parties waive defenses based on suretyship or impairment of collateral. Unless the circumstances indicate otherwise, consent by the principal obligor to an act that would lead to a discharge under this section constitutes consent to that act by the secondary obligor if the secondary obligor controls the principal obligor or deals with the person entitled to enforce the instrument on behalf of the principal obligor. (g) A release or extension preserves a secondary obligor's recourse if the terms of the release or extension provide that: (1) the person entitled to enforce the instrument retains the right to enforce the instrument against the secondary obligor; and (2) the recourse of the secondary obligor continues as if the release or extension had not been granted. (h) Except as otherwise provided in subsection (i), a secondary obligor asserting discharge under this section has the burden of persuasion both with respect to the occurrence of the acts alleged to harm the secondary obligor and loss or prejudice caused by those acts. (i) If the secondary obligor demonstrates prejudice caused by an impairment of its recourse and the circumstances of the case indicate that the amount of loss is not reasonably susceptible of calculation or requires proof of facts that are not ascertainable, it is presumed that the act impairing recourse caused a loss or impairment equal to the liability of the secondary obligor on the instrument. In that event, the burden of persuasion as to any lesser amount of the loss is on the person entitled to enforce the instrument. SECTION 54. Section 4-104(b) of said chapter 106 is hereby amended by striking out the reference to a definition for “bank” and to the definition for “good faith”. SECTION 55. Section 4-104(c) of said chapter 106 is hereby amended by inserting a reference to a definition for “record” which appears in “Section 3-103”, and by inserting a reference to a definition for “remotely-created consumer item” which appears in “Section 3-103”. SECTION 56. Section 4A-103(a)(1) of said chapter 106 is hereby amended by (i) striking out the comma following the word “orally” and (ii) striking out the words “electronically, or in a writing” following the word “orally”, and inserting in place thereof the following:-- “or in a record” SECTION 57. Section 4A-201(ii) of said chapter 106 is hereby amended by inserting, following the words “A security procedure”, the following:-- “may impose an obligation on the receiving bank or the customer and” SECTION 58. Section 4A-201(ii) of said chapter 106 is further amended by (i) striking out the word “or” following the word “words” and inserting in place thereof a comma, (ii) inserting, following the word “numbers”, the following:-- “, symbols, sounds, biometrics”, and (iii) inserting, following the word “customer”, the following:-- “or requiring a payment order to be sent from a known email address, IP address, or telephone number” SECTION 59. Section 4A-202(b)(ii) of said chapter 106 is hereby amended by (i) inserting, following the words “in compliance with”, the following words:-- “the bank’s obligations under”, (ii) striking out the word “written” following the words “procedure and any”, (iii) striking out the words “a written” following the word “violates” and inserting in place thereof the word “an”, and (iii) inserting, following the words “agreement with a customer”, the following:-- “evidenced by a record” SECTION 60. Section 4A-202(c)(ii) of said chapter 106 is hereby amended by (i) striking out the word “writing” and inserting in place thereof the following words:-- “a record”, and (ii) inserting, following the words “in compliance with”, the following words:-- “the bank’s obligations under” SECTION 61. Section 4A-203(a)(1) of said chapter 106 is hereby amended by striking out the word “written” in that subsection and by inserting, after the word “agreement”, the words “evidenced by a record” SECTION 62. Section 4-207(a) of said chapter 106 is hereby amended by (i) striking out the word “and” after the word “warrantor;” in subsection (4), (ii) striking out the period at the end of subsection (5) and inserting in place thereof the following:-- “; and” and (iii) inserting the following new section:-- (6) with respect to any remotely-created consumer item, the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn. SECTION 63. Section 4-207 of said chapter 106 is hereby further amended by inserting the following new section at the end of Section 4-207:-- (f) A claim for breach of the warranty in subsection (a)(6) is available against a previous transferor of the item only to the extent that under applicable law (including the applicable choice-of-law principle) all previous transferors of the item made the warranty in subsection (a)(6). SECTION 64. Section 4A-207(c)(2) of said chapter 106 is hereby amended by (i) striking out the word “writing” in that subsection and inserting in place thereof the word “record”. SECTION 65. Section 4A-208(b)(2) of said chapter 106 is hereby amended by striking out the word “writing” in that Section and by inserting in place thereof the word “record”. SECTION 66. Section 4A-210(a) of said chapter 106 is hereby amended by striking out the word “, electronically,” in that Section, and by striking out the word “writing” in that Section and inserting in place thereof the following words:-- “a record” SECTION 67. Section 4A-211(a) of said chapter 106 is hereby amended by striking out the word “, electronically,” in that Section, and by striking out the word “writing” in that Section and inserting in place thereof the following words:-- “a record” SECTION 68. Section 4A-305(c) of said chapter 106 is hereby amended by striking out the word “written”, and by inserting, following the word “bank”, the following words:--“, evidenced by a record” SECTION 69. Section 4A-305(d) of said chapter 106 is hereby amended by striking out the word “written”, and by inserting, following the words “of the receiving bank,”, the following words:-- “evidenced by a record,” SECTION 70. Section 4-208(a) of said chapter 106 is hereby amended by (i) striking out the word “and” after the word “altered;” in subsection (2), (ii) striking out the period at the end of subsection (3), and inserting in place thereof the following:-- “; and” and (iii) inserting the following new section:-- (4) with respect to any remotely-created consumer item, the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn. SECTION 71. Section 4-208 of said chapter 106 is hereby further amended by inserting the following new section at the end of Section 4-208:-- (g) A claim for breach of the warranty in subsection (a)(4) is available against a previous transferor of the item only to the extent that under applicable law (including the applicable choice-of-law principle) all previous transferors of the item made the warranty in subsection (a)(4). SECTION 72. Section 4-212(a) of said chapter 106 is hereby amended by striking out the word “written” in that Section and by inserting in place thereof the following words:-- “record providing”. SECTION 73. Section 4-301(a) of said chapter 106 is hereby amended by striking out the word “or” in subsection (1), by striking out subsection (2) and by inserting the following new sections at the end of Section 4-301(a):-- (2) returns an image of the item, if the party to which the return is made has entered into an agreement to accept the an image as a return of the item; and the image is returned in accordance with that agreement; or (3) sends a record providing notice of dishonor or nonpayment if the item is unavailable for return. SECTION 74. Section 4-403(b) of said chapter 106 is hereby amended by striking out the word “writing” wherever it appears in that Section and by inserting in each place thereof the following word:-- “a record”. SECTION 75. Section 5-104 of said chapter 106 is hereby amended by inserting the word “signed” before the word “record”, and by striking out the words “and is authenticated (i) by a signature or (ii) in accordance with the agreement of the parties or the standard practice referred to in Section 5-108(e)”. SECTION 76. Section 5-116(a) of said chapter 106 is hereby amended by striking out the words “or otherwise authenticated” in that Section, and by striking out the words “in the manner provided in Section 5-104” in that Section. SECTION 77. Section 5-116 of said chapter 106 is hereby amended by inserting the word “(c)” following the words “undertaking was issued.” in that Section, by striking out the word “this” following the words “located under”, and by inserting the word “(d)” at the end of the newly created subsection (c) SECTION 78. Section 5-116 of said chapter 106 is hereby further amended by inserting the following new subsection following the new subsection (c):-- (d) A branch of a bank is considered to be located at the address indicated in the branch’s undertaking. If more than one address is indicated, the branch is considered to be located at the address from which the undertaking was issued. SECTION 79. Section 5-116 of said chapter 106 is hereby further amended by striking out the word “(c)” from that Section and by inserting in place thereof the word “(e)”, by striking out the word “(d)” from that Section and by inserting in place thereof the word “(f)”, and by striking out the word “(e)” from that Section and by inserting in place thereof the word “(g)” SECTION 80. Section 7-102(a)(10) of said chapter 106 is hereby amended by striking out the words ““Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.” and by inserting in place thereof the word “[Reserved.]” SECTION 81. Section 7-102(a)(11) of said chapter 106 is hereby amended by striking out the words ““Sign” means, with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic sound, symbol, or process.” and by inserting in place thereof the word “[Reserved.]” SECTION 82. Section 7-106(b) of said chapter 106 is hereby amended by (i) striking out the words “is deemed to have” in that Section and by inserting in place thereof the word “has”, (ii) striking out the word “assigned” in that section and by inserting in place thereof the word “transferred”, (iii) striking out the word “such” before the words “a manner”, and (iv) striking out the word “assignee” in subsection (4) of that section and by inserting in place thereof the word “transferee” SECTION 83. Section 7-106 of said chapter 106 is further hereby amended by inserting, following subsection (b), the following new sections:-- (c) A system satisfies subsection (a), and a person has control of an electronic document of title, if an authoritative electronic copy of the document, a record attached to or logically associated with the electronic copy, or a system in which the electronic copy is recorded: (1) enables the person readily to identify each electronic copy as either an authoritative copy or a nonauthoritative copy; (2) enables the person readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as the person to which each authoritative electronic copy was issued or transferred; and (3) gives the person exclusive power, subject to subsection (d), to: (A) prevent others from adding or changing the person to which each authoritative electronic copy has been issued or transferred; and (B) transfer control of each authoritative electronic copy. (d) Subject to subsection (e), a power is exclusive under subsection (c)(3)(A) and (B), even if: (1) the authoritative electronic copy, a record attached to or logically associated with the authoritative electronic copy, or a system in which the authoritative electronic copy is recorded limits the use of the document of title or has a protocol that is programmed to cause a change, including a transfer or loss of control; or (2) the power is shared with another person. (e) A power of a person is not shared with another person under subsection (d)(2) and the person’s power is not exclusive if: (1) the person can exercise the power only if the power also is exercised by the other person; and (2) the other person: (A) can exercise the power without exercise of the power by the person; or (B) is the transferor to the person of an interest in the document of title. (f) If a person has the powers specified in subsection (c)(3)(A) and (B), the powers are presumed to be exclusive. (g) A person has control of an electronic document of title if another person, other than the transferor to the person of an interest in the document: (1) has control of the document and acknowledges that it has control on behalf of the person; or (2) obtains control of the document after having acknowledged that it will obtain control of the document on behalf of the person. (h) A person that has control under this section is not required to acknowledge that it has control on behalf of another person. (i) If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this article or Article 9 otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person. SECTION 84. Section 8-102(a) of said chapter 106 is hereby amended by striking out the word “writing” in that Section and by inserting in place thereof the word “record”. SECTION 85. Section 8-102 of said chapter 106 is hereby amended by striking subsection (b) and by inserting in place thereof the following new section: (b) The following definitions in this Article and other Articles apply to this Article: SECTION 86. Section 8-102(a) of said chapter 106 is hereby further amended by inserting the following definitions in alphabetical order: “Controllable account”. Section 9-102. “Controllable electronic record”. Section 12-102. “Controllable payment intangible”. Section 9-102. SECTION 87. Section 8-103 of said chapter 106 is hereby amended by inserting, at the end of Section 8-103, the following new section:-- (h) A controllable account, controllable electronic record, or controllable payment intangible is not a financial asset unless Section 8-102(a)(9)(iii) applies. SECTION 88. Section 8-106(d)(3) of said chapter 106 is hereby amended by striking out the words “person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges that it has control on behalf of the purchaser.” and by inserting in place thereof the following words and new sections:-- “person, other than the transferor to the purchaser of an interest in the security entitlement: (A) has control of the security entitlement and acknowledges that it has control on behalf of the purchaser; or (B) obtains control of the security entitlement after having acknowledged that it will obtain control of the security entitlement on behalf of the purchaser” SECTION 89. Section 8-106 of said chapter 106 is further hereby amended by inserting, at the end of subsection (g), the following new sections:-- (h) A person that has control under this section is not required to acknowledge that it has control on behalf of a purchaser. (i) If a person acknowledges that it has or will obtain control on behalf of a purchaser, unless the person otherwise agrees or law other than this Article or Article 9 otherwise provides, the person does not owe any duty to the purchaser and is not required to confirm the acknowledgment to any other person. SECTION 90. Section 8-110 of said chapter 106 is hereby amended by inserting, at the end of subsection (f), the following new section:-- (g) The local law of the issuer’s jurisdiction or the securities intermediary’s jurisdiction governs a matter or transaction specified in subsection (a) or (b) even if the matter or transaction does not bear any relation to the jurisdiction. SECTION 91. Section 8-303(b) of said chapter 106 is hereby amended by striking out the words “In addition to acquiring the rights of a purchaser, a” and by inserting in place thereof the word “A”. SECTION 92. Section 9-102(a) of said chapter 106 is hereby amended by inserting, after the word “for”,”, the following:-- “ “account statement”, “account to”, “commodity account” in paragraph (14), “customer’s account”, “deposit account” in paragraph (29), “on account of”, and “statement of account”,”. SECTION 93. Section 9-102(a)(2) of said chapter 106 is further amended by (i) inserting the word “controllable accounts and” after the word “includes”, (ii) striking out the words “rights to payment evidenced by chattel paper or an instrument” and inserting in place thereof the words “chattel paper”, after the word “(i)”, and (iii) inserting, at the end of the section, the following: -- “, or (vii) rights to payment evidenced by an instrument”. SECTION 94. Section 9-102(a)(3) of said chapter 106 is hereby amended by inserting the words “negotiable” after the words “if the”, by striking out the words “constitutes part of”, after the word “instrument” and inserting in place thereof the following: -- “evidences”. SECTION 95. Section 9-102(a)(4) of said chapter 106 is hereby amended by striking out the words “authenticated”, after the word “(A)” and inserting in place thereof the following: -- “signed”. SECTION 96. Section 0-102(7) of said chapter 106 is hereby amended by striking out the words “”Authenticate” means: (A) to sign; or (B) with present intent to adopt or accept a record, to attach to or logically associate with the record and electronic sound, symbol, or process.” and by inserting in place thereof the word “[Reserved.]” SECTION 97. Said chapter 106 is hereby amended by inserting at the end of Section 9-102(a)(7), the following new sections: (7A) “Assignee”, except as used in “assignee for benefit of creditors”, means a person (i) in whose favor a security interest that secures an obligation is created or provided for under a security agreement, whether or not the obligation is outstanding or (ii) to which an account, chattel paper, payment intangible, or promissory note has been sold. The term includes a person to which a security interest has been transferred by a secured party. (7B) “Assignor” means a person that (i) under a security agreement creates or provides for a security interest that secures an obligation or (ii) sells an account, chattel paper, payment intangible, or promissory note. The term includes a secured party that has transferred a security interest to another person. SECTION 98. Said chapter 106 is hereby amended by striking out Section 9-102(a)(11) and by inserting in place thereof the following new sections:-- (11) “Chattel paper” means: (A) a right to payment of a monetary obligation secured by specific goods, if the right to payment and security agreement are evidenced by a record; or (B) a right to payment of a monetary obligation owed by a lessee under a lease agreement with respect to specific goods and a monetary obligation owed by the lessee in connection with the transaction giving rise to the lease, if: (i) the right to payment and lease agreement are evidenced by a record; and (ii) the predominant purpose of the transaction giving rise to the lease was to give the lessee the right to possession and use of the goods. The term does not include a right to payment arising out of a charter or other contract involving the use or hire of a vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. SECTION 99. Section 9-102(a)(27) of said chapter 106 is hereby amended by inserting the following new sections:-- (27A) “Controllable account” means an account evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under Section 12-105 of the controllable electronic record. (27B) “Controllable payment intangible” means a payment intangible evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under Section 12-105 of the controllable electronic record. SECTION 100. Said chapter 106 is hereby amended by striking out Section 9-102(a)(31) and by inserting in place thereof the following new sections:-- (31) [Reserved.] (31A) “Electronic money” means money in an electronic form. SECTION 101. Section 9-102(a)(42) of said chapter 106 is hereby amended by inserting, after the word “includes”, the following:-- “controllable electronic records,”. SECTION 102. Section 9-102(a)(47) of said chapter 106 is hereby amended by striking out the word “or”, after the word “credit,”, and by inserting after the words “with the card”. the following:-- “, or (iv) writings that evidence chattel paper”. SECTION 103. Section 9-102(a)(54) of said chapter 106 is hereby amended by inserting the following new section: (54A) “Money” has the meaning in Section 1-201(b)(24), but does not include (i) a deposit account or (ii) money in an electronic form that cannot be subjected to control under Section 9-105A. SECTION 104. Section 9-102(a)(61) of said chapter 106 is hereby amended by inserting at the end of that section the following:-- “The term includes a controllable payment intangible.” SECTION 105. Section 9-102(a)(66) of said chapter 106 is hereby amended by striking out the word “authenticated”, after the word “record”, and by inserting in place thereof the following:-- “signed”. SECTION 106. Said chapter 106 is hereby amended by striking out Section 9-102(a)(75) and by inserting in place thereof the following new section:-- (75) [Reserved.] SECTION 107. Said chapter 106 is hereby amended by striking out Section 9-102(a)(79) and by inserting in place thereof the following new sections:-- (79) [Reserved.] (79A) “Tangible money” means money in a tangible form. SECTION 108. Section 9-102(b) of said chapter 106 is hereby amended by inserting the following definitions in alphabetical order:-- “Controllable electronic record”. Section 12-102. “Protected purchaser”. Section 8-303. “Qualifying purchaser”. Section 12-102. SECTION 109. Section 9-104(a) of said chapter 106 is hereby amended by (i) striking out the words “an authenticated”, after the word “in” and inserting in place thereof the words “a signed”, (ii) striking the word “or”, after the word “debtor;” (iii) striking the period after the word “account”, and (iv) inserting the word “; or” after the word “account”. SECTION 110. Section 9-104(a) of said chapter 106 is further amended by inserting the following new sections: (4) another person, other than the debtor: (A) has control of the deposit account and acknowledges that it has control on behalf of the secured party; or (B) obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party. SECTION 111. Said chapter 106 is hereby amended by striking out Section 9-105 and by inserting in place thereof the following new sections:-- Section 9-105. Control of Electronic Copy of Record Evidencing Chattel Paper. (a) General rule: control of electronic copy of record evidencing chattel paper. A purchaser has control of an authoritative electronic copy of a record evidencing chattel paper if a system employed for evidencing the assignment of interests in the chattel paper reliably establishes the purchaser as the person to which the authoritative electronic copy was assigned. (b) Single authoritative copy. A system satisfies subsection (a) if the record or records evidencing the chattel paper are created, stored, and assigned in a manner that: (1) a single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) the authoritative copy identifies the purchaser as the assignee of the record or records; (3) the authoritative copy is communicated to and maintained by the purchaser or its designated custodian; (4) copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the purchaser; (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized. (c) One or more authoritative copies. A system satisfies subsection (a), and a purchaser has control of an authoritative electronic copy of a record evidencing chattel paper, if the electronic copy, a record attached to or logically associated with the electronic copy, or a system in which the electronic copy is recorded: (1) enables the purchaser readily to identify each electronic copy as either an authoritative copy or a nonauthoritative copy; (2) enables the purchaser readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as the assignee of the authoritative electronic copy; and (3) gives the purchaser exclusive power, subject to subsection (d), to: (A) prevent others from adding or changing an identified assignee of the authoritative electronic copy; and (B) transfer control of the authoritative electronic copy. (d) Meaning of exclusive. Subject to subsection (e), a power is exclusive under subsection (c)(3)(A) and (B), even if: (1) the authoritative electronic copy, a record attached to or logically associated with the authoritative electronic copy, or a system in which the authoritative electronic copy is recorded limits the use of the authoritative electronic copy or has a protocol programmed to cause a change, including a transfer or loss of control; or (2) the power is shared with another person. (e) When power not shared with another person. A power of a purchaser is not shared with another person under subsection (d)(2) and the purchaser’s power is not exclusive if: (1) the purchaser can exercise the power only if the power also is exercised by the other person; and (2) the other person: (A) can exercise the power without exercise of the power by the purchaser; or (B) is the transferor to the purchaser of an interest in the chattel paper. (f) Presumption of exclusivity of certain powers. If a purchaser has the powers specified in subsection (c)(3)(A) and (B), the powers are presumed to be exclusive. (g) Obtaining control through another person. A purchaser has control of an authoritative electronic copy of a record evidencing chattel paper if another person, other than the transferor to the purchaser of an interest in the chattel paper: (1) has control of the authoritative electronic copy and acknowledges that it has control on behalf of the purchaser; or (2) obtains control of the authoritative electronic copy after having acknowledged that it will obtain control of the electronic copy on behalf of the purchaser. SECTION 112. Section 9-105A of said chapter 106 is hereby amended by inserting the following new sections:-- Section 9-105A. Control of Electronic Money. (a) General rule: control of electronic money. A person has control of electronic money if: (1) the electronic money, a record attached to or logically associated with the electronic money, or a system in which the electronic money is recorded gives the person: (A) power to avail itself of substantially all the benefit from the electronic money; and (B) exclusive power, subject to subsection (b), to: (i) prevent others from availing themselves of substantially all the benefit from the electronic money; and (ii) transfer control of the electronic money to another person or cause another person to obtain control of other electronic money as a result of the transfer of the electronic money; and (2) the electronic money, a record attached to or logically associated with the electronic money, or a system in which the electronic money is recorded enables the person readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as having the powers under paragraph (1). (b) Meaning of exclusive. Subject to subsection (c) a power is exclusive under subsection (a)(1)(B)(i) and (ii) even if: (1) the electronic money, a record attached to or logically associated with the electronic money, or a system in which the electronic money is recorded limits the use of the electronic money or has a protocol programmed to cause a change, including a transfer or loss of control; or (2) the power is shared with another person. (c) When power not shared with another person. A power of a person is not shared with another person under subsection (b)(2) and the person’s power is not exclusive if: (1) the person can exercise the power only if the power also is exercised by the other person; and (2) the other person: (A) can exercise the power without exercise of the power by the person; or (B) is the transferor to the person of an interest in the electronic money. (d) Presumption of exclusivity of certain powers. If a person has the powers specified in subsection (a)(1)(B)(i) and (ii), the powers are presumed to be exclusive. (e) Control through another person. A person has control of electronic money if another person, other than the transferor to the person of an interest in the electronic money: (1) has control of the electronic money and acknowledges that it has control on behalf of the person; or (2) obtains control of the electronic money after having acknowledged that it will obtain control of the electronic money on behalf of the person. SECTION 113. Section 9-107 of said chapter 106 is further amended by inserting the following new sections: Section 9-107A. Control of Controllable Electronic Record, Controllable Account, or Controllable Payment Intangible. (a) Control under Section 12-105. A secured party has control of a controllable electronic record as provided in Section 12-105. (b) Control of controllable account and controllable payment intangible. A secured party has control of a controllable account or controllable payment intangible if the secured party has control of the controllable electronic record that evidences the controllable account or controllable payment intangible. Section 9-107B. No Requirement to Acknowledge or Confirm; No Duties. (a) No requirement to acknowledge. A person that has control under Section 9-104, 9-105, or 9-105A is not required to acknowledge that it has control on behalf of another person. (b) No duties or confirmation. If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this article otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person. SECTION 114. Section 9-203(b)(3) of said chapter 106 is hereby amended by (i) striking out the word “authenticated”, in subsection (A) and inserting in place thereof the word “signed” and (ii) striking the word “or”, in subsection 3(C). SECTION 115. Section 9-203(b)(3) of said chapter 106 is further amended by striking out subsection (D) and by inserting at the end of subsection (C) the following new sections:-- (D) the collateral is controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights, and the secured party has control under Section 7-106, 9-104, 9-105A, 9-106,or 9-107A pursuant to the debtor’s security agreement; or (E) the collateral is chattel paper and the secured party has possession and control under Section 9-314A pursuant to the debtor’s security agreement. SECTION 116. Section 9-204 of said chapter 106 is hereby amended by striking out the word “A” before the word “security”, and by inserting in place thereof the following:--“Subject to Subsection (b.1), a”. SECTION 117. Section 9-204 of said chapter 106 is hereby further amended by inserting at the end of subsection (b) the following new sections:-- (b.1) Limitation on subsection (b). Subsection (b) does not prevent a security interest from attaching: (1) to consumer goods as proceeds under Section 9-315(a) or commingled goods under Section 9 336(c); (2) to a commercial tort claim as proceeds under Section 9-315(a); or (3) under an after-acquired property clause to property that is proceeds of consumer goods or a commercial tort claim. SECTION 118. Section 9-207 of said chapter 106 is hereby amended by striking out subsection (c) and by inserting in place thereof the following new section:-- (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d), a secured party having possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-105A, 9-106, or 9-107, or 9-107A: SECTION 119. Section 9-208(b) of said chapter 106 is hereby amended by striking out the words “an authenticated” after the word “receiving” in and by inserting in place thereof the following:-- “a signed”. SECTION 120. Section 9-208(b)(1) of said chapter 106 is hereby amended by striking out the words “an authenticated statement” and by inserting in place thereof the following:--“a signed record”. SECTION 121. Section 9-208(b) of said chapter 106 is hereby amended by striking out subsections (3) and (6) by inserting in place thereof the following new sections:-- (3) a secured party, other than a buyer, having control under Section 9-105 of an authoritative electronic copy of a record evidencing chattel paper shall transfer control of the electronic copy to the debtor or a person designated by the debtor; (6) a secured party having control under Section 7-106 of an authoritative electronic copy of an electronic document shall transfer control of the electronic copy to the debtor or a person designated by the debtor; (7) a secured party having control under Section 9-105A of electronic money shall transfer control of the electronic money to the debtor or a person designated by the debtor; and (8) a secured party having control under Section 12-105 of a controllable electronic record, other than a buyer of a controllable account or controllable payment intangible evidenced by the controllable electronic record, shall transfer control of the controllable electronic record to the debtor or a person designated by the debtor. SECTION 122. Section 9-208(b)(4) of said chapter 106 is hereby amended by striking the words “an authenticated” after the word “maintained” and by inserting in place thereof the following:--“a signed”. SECTION 123. Section 9-208(b)(5) of said chapter 106 is hereby amended by striking the words “an authenticated” after the word “maintained”, by inserting in place thereof the following:--“a signed”, and by striking the word “and” at the end of such subsection. SECTION 124. Section 9-209 of said chapter 106 is hereby amended by striking out subsection (b) and inserting in place thereof the following new section:-- (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving a signed demand by the debtor, a secured party shall send to an account debtor that has received notification under Section 9-406(a) or 12-106(b) of an assignment to the secured party as assignee a signed record that releases the account debtor from any further obligation to the secured party. SECTION 125. Section 9-210(a) of said chapter 106 is hereby amended by striking out the word “authenticated” in that Section and by inserting in place thereof the word “signed”. SECTION 126. Section 9-210(b) of said chapter 106 is hereby amended by striking out the word “authenticating” in that Section and by inserting in place thereof the word “signing”. SECTION 127. Sections 9-210(c), (d), and (e) of said chapter 106 is hereby amended by striking out the words “an authenticated” in such Sections and by inserting in place thereof the words “a signed”. SECTION 128. Section 9-301 of said chapter 106 is hereby amended by striking out the word “9-306”, after the word “through” and by inserting in place thereof the word “9-306B”. SECTION 129. Section 9-301 of said chapter 106 is hereby amended by striking out subsection (3) and inserting in place thereof the following new section:-- (3) Except as otherwise provided in paragraph (4), while negotiable tangible documents, goods, instruments, or tangible money is located in a jurisdiction, the local law of that jurisdiction governs: (A) perfection of a security interest in the goods by filing a fixture filing; (B) perfection of a security interest in timber to be cut; and (C) the effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral. SECTION 130. Section 9-304 of said chapter 106 is hereby amended by deleting the period at the end of subsection (a), and by inserting, at the end of subsection (a), the following:-- “ even if the transaction does not bear any relation to the bank’s jurisdiction.” SECTION 131. Section 9-305 of said chapter 106 is hereby amended by inserting, at the end of subsection (4), the following new section:-- (5) Paragraphs (2), (3), and (4) apply even if the transaction does not bear any relation to the jurisdiction. SECTION 132. Section 9-306 of said chapter 106 is hereby amended by inserting the following new sections: Section 9-306A. Law Governing Perfection and Priority of Security Interests in Chattel Paper. (a) Chattel paper evidenced by authoritative electronic copy. Except as provided in subsection (d), if chattel paper is evidenced only by an authoritative electronic copy of the chattel paper or is evidenced by an authoritative electronic copy and an authoritative tangible copy, the local law of the chattel paper’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the chattel paper, even if the transaction does not bear any relation to the chattel paper’s jurisdiction. (b) Chattel paper’s jurisdiction. The following rules determine the chattel paper’s jurisdiction under this section: (1) If the authoritative electronic copy of the record evidencing chattel paper, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that a particular jurisdiction is the chattel paper’s jurisdiction for purposes of this part, this article, or this chapter, that jurisdiction is the chattel paper’s jurisdiction. (2) If paragraph (1) does not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that a particular jurisdiction is the chattel paper’s jurisdiction for purposes of this part, this article, or this chapter, that jurisdiction is the chattel paper’s jurisdiction. (3) If paragraphs (1) and (2) do not apply and the authoritative electronic copy, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that the chattel paper is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper’s jurisdiction. (4) If paragraphs (1), (2), and (3) do not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that the chattel paper or the system is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper’s jurisdiction. (5) If paragraphs (1) through (4) do not apply, the chattel paper’s jurisdiction is the jurisdiction in which the debtor is located. (c) Chattel paper evidenced by authoritative tangible copy. If an authoritative tangible copy of a record evidences chattel paper and the chattel paper is not evidenced by an authoritative electronic copy, while the authoritative tangible copy of the record evidencing chattel paper is located in a jurisdiction, the local law of that jurisdiction governs: (1) perfection of a security interest in the chattel paper by possession under Section 9-314A; and (2) the effect of perfection or nonperfection and the priority of a security interest in the chattel paper. (d) When perfection governed by law of jurisdiction where debtor located. The local law of the jurisdiction in which the debtor is located governs perfection of a security interest in chattel paper by filing. Section 9-306B. Law Governing Perfection and Priority of Security Interests in Controllable Accounts, Controllable Electronic Records, and Controllable Payment Intangibles. (a) Governing law: general rules. Except as provided in subsection (b), the local law of the controllable electronic record’s jurisdiction specified in Section 12-107(c) and (d) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a controllable electronic record and a security interest in a controllable account or controllable payment intangible evidenced by the controllable electronic record. (b) When perfection governed by law of jurisdiction where debtor located. The local law of the jurisdiction in which the debtor is located governs: (1) perfection of a security interest in a controllable account, controllable electronic record, or controllable payment intangible by filing; and (2) automatic perfection of a security interest in a controllable payment intangible created by a sale of the controllable payment intangible. SECTION 133. Section 9-310(b) of said chapter 106 is hereby amended by striking out subsection (8) and inserting in place thereof the following new sections:-- (8) in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under Section 9-314; (8.1) in chattel paper which is perfected by possession and control under Section 9-314A; SECTION 134. Said chapter 106 is hereby amended by striking out Section 9-312 and inserting in place thereof the following new sections:-- Section 9-312. Perfection of Security Interests in Chattel Paper, Controllable Accounts, Controllable Electronic Records, Controllable Payment Intangibles, Deposit Accounts, Negotiable Documents, Goods Covered by Documents, Instruments, Investment Property, Letter-of-Credit Rights, and Money; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession. (a) Perfection by filing permitted. A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing. (b) Control or possession of certain collateral. Except as otherwise provided in Section 9-315(c) and (d) for proceeds: (1) a security interest in a deposit account may be perfected only by control under Section 9-314; (2) except as otherwise provided in Section 9-308(d), a security interest in a letter-of-credit right may be perfected only by control under Section 9-314; (3) a security interest in tangible money may be perfected only by the secured party’s taking possession under Section 9-313; and (4) a security interest in electronic money may be perfected only by control under Section 9-314. (c) Goods covered by negotiable document. While goods are in the possession of a bailee that has issued a negotiable document covering the goods: (1) a security interest in the goods may be perfected by perfecting a security interest in the document; and (2) a security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time. (d) Goods covered by nonnegotiable document. While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by: (1) issuance of a document in the name of the secured party; (2) the bailee’s receipt of notification of the secured party’s interest; or (3) filing as to the goods. (e) Temporary perfection: new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement. SECTION 135. Section 9-313 of said chapter 106 is hereby amended by striking out subsection (a) and inserting in place thereof the following new section:-- (a) Perfection by possession or delivery. Except as otherwise provided in subsection (b), a secured party may perfect a security interest in goods, instruments, negotiable tangible documents, or tangible money by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under Section 8-301. SECTION 136. Section 9-313(a) of said chapter 106 is hereby amended by striking out the words “tangible negotiable documents,” and “, or tangible chattel paper” and by inserting after the word “instruments”, the following:--“negotiable tangible documents, or tangible money”. SECTION 137. Section 9-313(c) of said chapter 106 is hereby amended by striking out subsections (1) and (2) and by inserting in place thereof the following new sections:-- (1) the person in possession signs a record acknowledging that it holds possession of the collateral for the secured party’s benefit; or (2) the person takes possession of the collateral after having signed a record acknowledging that it will hold possession of the collateral for the secured party’s benefit. SECTION 138. Section 9-313(d) of said chapter 106 is hereby amended by striking out the word “no” and by inserting in place thereof the word “not”. SECTION 139. Section 9-314 of said chapter 106 is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following new sections:-- Section 9-314. Perfection by Control. (a) Perfection by control. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by control of the collateral under Section 7-106, 9-104, 9-105A, 9-106, 9-107, or 9-107A. (b) Specified collateral: time of perfection by control; continuation of perfection. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, or letter-of-credit rights is perfected by control under Section 7-106, 9-104, 9-105A, 9-107, or 9-107A not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control. SECTION 140. Section 9-314(c) of said chapter 106 is hereby amended by striking out the word “from” after the word “9-106”, and by inserting in place thereof the following:--“not earlier than”. SECTION 141. Said chapter 106 is hereby amended by striking out Section 9-314A and inserting in place thereof the following new sections:-- Section 9-314A. Perfection by Possession and Control of Chattel Paper. (a) Perfection by possession and control. A secured party may perfect a security interest in chattel paper by taking possession of each authoritative tangible copy of the record evidencing the chattel paper and obtaining control of each authoritative electronic copy of the electronic record evidencing the chattel paper. (b) Time of perfection; continuation of perfection. A security interest is perfected under subsection (a) not earlier than the time the secured party takes possession and obtains control and remains perfected under subsection (a) only while the secured party retains possession and control. (c) Application of Section 9-313 to perfection by possession of chattel paper. Section 9-313(c) and (f) through (i) applies to perfection by possession of an authoritative tangible copy of a record evidencing chattel paper. SECTION 142. Section 9-316 of said chapter 106 is hereby amended by striking out subsection (a) and inserting in place thereof the following new section:-- (a) General rule: effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated in Section 9-301(1), 9-305(c), 9-306A(d), or 9-306B(b) remains perfected until the earliest of: SECTION 143. Section 9-316 of said chapter 106 is hereby further amended by striking out subsection (f) and inserting in place thereof the following new section:-- (f) Change in jurisdiction of chattel paper, controllable electronic record, bank, issuer, nominated person, securities intermediary, or commodity intermediary. A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, letter-of-credit rights, or investment property which is perfected under the law of the chattel paper’s jurisdiction, the controllable electronic record’s jurisdiction, the bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities intermediary’s jurisdiction, or the commodity intermediary’s jurisdiction, as applicable, remains perfected until the earlier of: SECTION 144. Section 9-317 of said chapter 106 is hereby amended by striking out subsections (b) through (d) and inserting in place thereof the following new sections:-- (b) Buyers that receive delivery. Except as otherwise provided in subsection (e), a buyer, other than a secured party, of goods, instruments, tangible documents, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (c) Lessees that receive delivery. Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (d) Licensees and buyers of certain collateral. Subject to subsections (f) through (i), a licensee of a general intangible or a buyer, other than a secured party, of collateral other than electronic money, goods, instruments, tangible documents or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. SECTION 145. Section 9-317 of said chapter 106 is hereby further amended by inserting at the end of subsection (e) the following new sections: (f) Buyers of chattel paper. A buyer, other than a secured party, of chattel paper takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and: (1) receives delivery of each authoritative tangible copy of the record evidencing the chattel paper; and (2) if each authoritative electronic copy of the record evidencing the chattel paper can be subjected to control under Section 9-105, obtains control of each authoritative electronic copy. (g) Buyers of electronic documents. A buyer of an electronic document takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and, if each authoritative electronic copy of the document can be subjected to control under Section 7-106, obtains control of each authoritative electronic copy. (h) Buyers of controllable electronic records. A buyer of a controllable electronic record takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable electronic record. (i) Buyers of controllable accounts and controllable payment intangibles. A buyer, other than a secured party, of a controllable account or a controllable payment intangible takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable account or controllable payment intangible. SECTION 146. Section 9-323(d) of said chapter 106 is hereby amended by striking out the words “other than a buyer in ordinary course of business”, after the word “goods”. SECTION 147. Section 9-323(f) of said chapter 106 is hereby amended by striking out the words “other than a lessee in ordinary course of business”, after the word “goods”. SECTION 148. Section 9-324 of said chapter 106 is hereby amended by striking out the words “an authenticated” wherever it appears in that Section and by inserting in each place thereof the following:-- “a signed”. SECTION 149. Section 9-326A of said chapter 106 is hereby amended by inserting the following new section: Section 9-326A. Priority of Security Interest in Controllable Account, Controllable Electronic Record, and Controllable Payment Intangible. A security interest in a controllable account, controllable electronic record, or controllable payment intangible held by a secured party having control of the account, electronic record, or payment intangible has priority over a conflicting security interest held by a secured party that does not have control. SECTION 150. Section 9-330 of said chapter 106 is hereby amended by striking out subsections (a) and (b) and by inserting in place thereof the following new sections:-- (a) Purchaser’s priority: security interest claimed merely as proceeds. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if: (1) in good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value, takes possession of each authoritative tangible copy of the record evidencing the chattel paper, and obtains control under Section 9-105 of each authoritative electronic copy of the record evidencing the chattel paper; and (2) the authoritative copies of the record evidencing the chattel paper do not indicate that the chattel paper has been assigned to an identified assignee other than the purchaser. (b) Purchaser’s priority: other security interests. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value, takes possession of each authoritative tangible copy of the record evidencing the chattel paper, and obtains control under Section 9-105 of each authoritative electronic copy of the record evidencing the chattel paper in good faith, in the ordinary course of the purchaser’s business, and without knowledge that the purchase violates the rights of the secured party. SECTION 151. Section 9-330 of said chapter 106 is hereby further amended by striking out subsection (f) and by inserting in place thereof the following new section:-- (f) Indication of assignment gives knowledge. For purposes of subsections (b) and (d), if the authoritative copies of the record evidencing chattel paper or an instrument indicate that the chattel paper or instrument has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party. SECTION 152. Said chapter 106 is hereby amended by striking out Section 9-331 and by inserting in place thereof the following new Section:-- Section 9-331. Priority of Rights of Purchasers of Controllable Accounts, Controllable Electronic Records, Controllable Payment Intangibles, Documents, Instruments, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements and Protection Against Assertion of Claim Under Articles 8 and 12. (a) Rights under Articles 3, 7, 8, and 12 not limited. This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, a protected purchaser of a security, or a qualifying purchaser of a controllable account, controllable electronic record, or controllable payment intangible. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3, 7, 8, and 12. (b) Protection under Articles 8 and 12. This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Article 8 or 12. (c) Filing not notice. Filing under this article does not constitute notice of a claim or defense to the holders, purchasers, or persons described in subsections (a) and (b). SECTION 153. Said chapter 106 is hereby amended by striking out Section 9-332 and by inserting in place thereof the following new Section:-- Section 9-332. Transfer of Money; Transfer of Funds from Deposit Account. (a) Transferee of tangible money. A transferee of tangible money takes the money free of a security interest if the transferee receives possession of the money without acting in collusion with the debtor in violating the rights of the secured party. (b) Transferee of funds from deposit account. A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account if the transferee receives the funds without acting in collusion with the debtor in violating the rights of the secured party. (c) Transferee of electronic money. A transferee of electronic money takes the money free of a security interest if the transferee obtains control of the money without acting in collusion with the debtor in violating the rights of the secured party. SECTION 154. Section 9-334(f) of said chapter 106 is hereby amended by striking out the words “an authenticated” in that subsection (1) and by inserting in place thereof the following:-- “a signed”. SECTION 155. Section 9-341 of said chapter 106 is hereby amended by striking out the words “an authenticated”, after the words “agrees in”, and by inserting in place thereof the following:-- “a signed”. SECTION 156. Section 9-404 of said chapter 106 is hereby amended by striking out the words “authenticated” in that subsection (2) and by inserting in place thereof the following word:-- “signed”. SECTION 157. Section 9-406 of said chapter 106 is hereby amended by striking out subsections (a) through (c) and by inserting in place thereof the following new sections:-- (a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (i) and (l), an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, signed by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor. (b) When notification ineffective. Subject to subsections (h) and (l), notification is ineffective under subsection (a): (A) only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee; (B) a portion has been assigned to another assignee; or (C) the account debtor knows that the assignment to that assignee is limited. (c) Proof of assignment. Subject to subsections (h) and (l), if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (a). (d) Term restricting assignment generally ineffective. In this subsection, “promissory note” includes a negotiable instrument that evidences chattel paper. Except as otherwise provided in subsections (e) and (k) and Sections 2A-303 and 9-407, and subject to subsection (h), a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it: SECTION 158. Section 9-406 of said chapter 106 is further amended by striking out the words “subsection (h)”, after the word “to” in subsection (g), and by inserting in place thereof the following:-- “subsections (h) and (l)”. SECTION 159. Section 9-406 of said chapter 106 is hereby amended by inserting at the end of subsection (j) the following new sections: -- (k) Inapplicability to interests in certain entities. Subsections (d), (f), and (j) do not apply to a security interest in an ownership interest in a general partnership, limited partnership, or limited liability company. (l) Inapplicability of certain subsections. Subsections (a), (b), (c), and (g) do not apply to a controllable account or controllable payment intangible. SECTION 160. Section 9-408 of said chapter 106 is hereby amended by inserting at the end of subsection (f) the following new section: -- (g) “Promissory note.” In this section, “promissory note” includes a negotiable instrument that evidences chattel paper. SECTION 161. Section 9-509 of said chapter 106 is hereby amended by striking out the words “an authenticated” wherever they appear in that Section and by inserting in each place thereof the following words:-- “a signed”. SECTION 162. Section 9-509(b) of said chapter 106 is hereby amended by striking out the word “authenticating” in that Section and by inserting in place thereof the following word:-- “signing”. SECTION 163. Section 9-513 of said chapter 106 is hereby amended by striking out the words “an authenticated” wherever they appear in that Section and by inserting in each place thereof the following words:-- “a signed” SECTION 164. Section 9-601(b) of said chapter 106 is hereby amended by inserting the word “9-105A,” after the word “9-105,” in that Section, by striking out the word “or” following the word “9-106,” in that Section, and by inserting the words “, or 9-107A” following the word “9-107” in that Section SECTION 165. Section 9-605 of said chapter 106 is hereby amended by striking out the word “A” at the beginning of that Section and by inserting in place thereof the following words:-- “(a) In general: No duty owed by secured party. Except as provided in subsection (b), a” SECTION 166. Section 9-605 of said chapter 106 is further hereby amended by inserting, at the end of subsection (a), the following new section:-- (b) Exception: Secured party owes duty to debtor or obligor. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later: (1) the person is a debtor or obligor; and (2) the secured party knows that the information in subsection (a)(1)(A), (B), or (C) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded. SECTION 167. Section 9-608 of said chapter 106 is hereby amended by striking out the words “an authenticated” in that Section and by inserting in place thereof the following words:-- “a signed” SECTION 168. Section 9-611 of said chapter 106 is hereby amended by striking out the words “an authenticated” wherever they appear in that Section and by inserting in each place thereof the following words:-- “a signed” SECTION 169. Section 9-611(b) of said chapter 106 is hereby amended by striking out the word “authenticated” in that Section and by inserting in place thereof the following word:-- “signed” SECTION 170. Section 9-613 of said chapter 106 is hereby amended by inserting before the word “Except” in the beginning of that section the following:-- “(a) Contents and form of notification.” SECTION 171. Section 9-613 of said chapter 106 is hereby amended by striking subsection (5) and by inserting in its place the following new subsection: (5) The following form of notification and the form appearing in Section 9-614(a)(3), when completed in accordance with the instructions in subsection (b) and Section 9-614(b), each provides sufficient information: SECTION 172. Section 9-613 of said chapter 106 is hereby amended by striking out the NOTIFICATION OF DISPOSITION OF COLLATERAL form in that Section and by inserting in place thereof the following form:-- NOTIFICATION OF DISPOSITION OF COLLATERAL To: (Name of debtor, obligor, or other person to which the notification is sent) From: (Name, address, and telephone number of secured party) {1} Name of any debtor that is not an addressee: (Name of each debtor) {2} We will sell (describe collateral) (to the highest qualified bidder) at public sale. A sale could include a lease or license. The sale will be held as follows: (Date) (Time) (Place) {3} We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license. {4} You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license. {5} If you request an accounting you must pay a charge of $ (amount) {6} You may request an accounting by calling us at (telephone number). [End of Form] (b) Instructions for form of notification. The following instructions apply to the form of notification in subsection (a)(5): (1) The instructions in this subsection refer to the numbers in braces before items in the form of notification in subsection (a)(5). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions. (2) Include and complete item {1} only if there is a debtor that is not an addressee of the notification and list the name or names. (3) Include and complete either item {2}, if the notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words “to the highest qualified bidder” only if applicable. (4) Include and complete items {4} and {6}. (5) Include and complete item {5} only if the sender will charge the recipient for an accounting. SECTION 173. Section 9-614 of said chapter 106 is hereby amended by inserting before the word “In” in the beginning of that section the following:-- “(a) Contents and form of notification.” SECTION 174. Section 9-614(1) of said chapter 106 is hereby amended by striking out the word “9-613(1)“ in that Section and by inserting in place thereof the word “9-613(a)(1)” SECTION 175. Section 9-614(3) of said chapter 106 is hereby amended by striking the comma after the word “completed”, by inserting after the word “completed” the words “in accordance with the instructions in subsection (b),” and by striking out the words” [Name and address of secured party] [Date] “ in that Section. SECTION 176. Section 9-614(3) of said chapter 106 is hereby amended by striking out the NOTICE OF OUR PLAN TO SELL PROPERTY form in that Section and by inserting in place thereof the following form:-- (Name and address of secured party) (Date) NOTICE OF OUR PLAN TO SELL PROPERTY (Name and address of any obligor who is also a debtor) Subject: (Identify transaction) We have your (describe collateral), because you broke promises in our agreement. {1} We will sell (describe collateral) at public sale. A sale could include a lease or license. The sale will be held as follows: (Date) (Time) (Place) You may attend the sale and bring bidders if you want. {2} We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license. {3} The money that we get from the sale, after paying our costs, will reduce the amount you owe. If we get less money than you owe, you (will or will not, as applicable) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. {4} You can get the property back at any time before we sell it by paying us the full amount you owe, not just the past due payments, including our expenses. To learn the exact amount you must pay, call us at (telephone number). {5} If you want us to explain to you in (writing) (writing or in (description of electronic record)) (description of electronic record) how we have figured the amount that you owe us, {6} call us at (telephone number) (or) (write us at (secured party’s address)) (or contact us by (description of electronic communication method)) {7} and request (a written explanation) (a written explanation or an explanation in (description of electronic record)) (an explanation in (description of electronic record)). {8} We will charge you $ (amount) for the explanation if we sent you another written explanation of the amount you owe us within the last six months. {9} If you need more information about the sale (call us at (telephone number)) (or) (write us at (secured party’s address)) (or contact us by (description of electronic communication method)). {10} We are sending this notice to the following other people who have an interest in (describe collateral) or who owe money under your agreement: (Names of all other debtors and obligors, if any) [End of Form] SECTION 177. Section 9-614 of said chapter 106 is hereby amended by inserting after Section 6.14(a), the following new subsection:-- (b) Instructions for form of notification. The following instructions apply to the form of notification in subsection (a)(3): (1) The instructions in this subsection refer to the numbers in braces before items in the form of notification in subsection (a)(3). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions. (2) Include and complete either item {1}, if the notification relates to a public disposition of the collateral, or item {2}, if the notification relates to a private disposition of the collateral. (3) Include and complete items {3}, {4}, {5}, {6}, and {7}. (4) In item {5}, include and complete any one of the three alternative methods for the explanation—writing, writing or electronic record, or electronic record. (5) In item {6}, include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication—writing or electronic communication—for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be included. (6) In item {7}, include and complete the method or methods for the explanation—writing, writing or electronic record, or electronic record—included in item {5}. (7) Include and complete item {8} only if a written explanation is included in item {5} as a method for communicating the explanation and the sender will charge the recipient for another written explanation. (8) In item {9}, include either the telephone number or the address or both the telephone number and the address. In addition, the sender may include and complete the additional method of communication—electronic communication—for the recipient of the notification to communicate with the sender. The additional method of electronic communication is not required to be included. (9) If item {10} does not apply, insert “None” after “agreement:”. SECTION 178. Section 9-614 of said chapter 106 is hereby amended by striking Section 9-614(4), 9-614(5), and 9-614(6), and by inserting after Section 6.14(b), the following new subsection:-- (c) Sufficiency of notification. (1) A notification in the form of paragraph (3) is sufficient, even if additional information appears at the end of the form. (2) A notification in the form of paragraph (3) is sufficient, even if it includes errors in information not required by paragraph (1), unless the error is misleading with respect to rights arising under this article. (3) If a notification under this section is not in the form of paragraph (3), law other than this article determines the effect of including information not required by paragraph (1). SECTION 179. Section 9-615 of said chapter 106 is hereby amended by striking out the words “an authenticated” wherever they appear in that Section and by inserting in each place thereof the following words:-- “a signed” SECTION 180. Section 9-616(a)(1) of said chapter 106 is hereby amended by striking out the word “writing” in that Section and by inserting in place thereof the following word:-- “record” SECTION 181. Section 9-616(a)(2) of said chapter 106 is hereby amended by striking out the word “authenticated” in that Section and by inserting in place thereof the following word:-- “signed” SECTION 182. Section 9-616(b)(1)(A) of said chapter 106 is hereby amended by striking out the word “written” in that Section and by inserting, following the word “demand”, the following words:-- “in a record” SECTION 183. Section 9-616(c) of said chapter 106 is hereby amended by striking out the words “a writing” in that Section and by inserting in place thereof the following words:-- “an explanation” SECTION 184. Section 9-619(a) of said chapter 106 is hereby amended by striking out the word “authenticated” in that Section and by inserting in place thereof the following word:-- “signed” SECTION 185. Section 9-620(a) of said chapter 106 is hereby amended by striking out the word “authenticated” wherever it appears in that Section and by inserting in each place thereof the following word:-- “signed” SECTION 186. Section 9-620(b) of said chapter 106 is hereby amended by striking out the word “an authenticated” in that Section and by inserting in each place thereof the following words:-- “a signed” SECTION 187. Section 9-620(c) of said chapter 106 is hereby amended by striking out the word “authenticated” wherever it appears in that Section and by inserting in each place thereof the following word:-- “signed” SECTION 188. Section 9-620(f) of said chapter 106 is hereby amended by striking out the word “authenticated” wherever it appears in that Section and by inserting in each place thereof the following word:-- “signed” SECTION 189. Section 9-621(a)(1) of said chapter 106 is hereby amended by striking out the words “an authenticated” in that Section and by inserting in place thereof the following words:-- “a signed” SECTION 190. Section 9-624 of said chapter 106 is hereby amended by striking out the word “authenticated” wherever it appears in that Section and by inserting in each place thereof the following word:-- “signed” SECTION 191. Section 9-628(a) of said chapter 106 is hereby amended by striking out the word “Unless” in that Section and by inserting in place thereof the following words:-- “Subject to subsection (f), unless” SECTION 192. Section 9-628(b) of said chapter 106 is hereby amended by striking out the word “A”, following the words “Limitation of liability based on status as secured party.” in that Section and by inserting in place thereof the following words:-- “Subject to subsection (f), a” SECTION 193. Section 9-628 of said chapter 106 is further hereby amended by inserting, at the end of subsection (e), the following new section:-- (f) Exception: Limitation of liability under subsections (a) and (b) does not apply. Subsections (a) and (b) do not apply to limit the liability of a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later: (1) the person is a debtor or obligor; and (2) the secured party knows that the information in subsection (b)(1)(A), (B), or (C) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded. SECTION 194. Chapter 106 is further amended by adding the following new article:-- ARTICLE 12 CONTROLLABLE ELECTRONIC RECORDS Section 12-101. Title. This article may be cited as Uniform Commercial Code—Controllable Electronic Records. Section 12-102. Definitions. (a) Article 12 definitions. In this article: (1) “Controllable electronic record” means a record stored in an electronic medium that can be subjected to control under Section 12-105. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record. (2) “Qualifying purchaser” means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record. (3) “Transferable record” has the meaning provided for that term in: (A) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7021(a)(1) [, as amended]; or (B) [cite to Uniform Electronic Transactions Act Section 16(a)]. (4) “Value” has the meaning provided in Section 3-303(a), as if references in that subsection to an “instrument” were references to a controllable account, controllable electronic record, or controllable payment intangible. (b) Definitions in Article 9. The definitions in Article 9 of “account debtor”, “controllable account”, “controllable payment intangible”, “chattel paper”, “deposit account”, “electronic money”, and “investment property” apply to this article. (c) Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. Section 12-103. Relation to Article 9 and Consumer Laws. (a) Article 9 governs in case of conflict. If there is conflict between this article and Article 9, Article 9 governs. (b) Applicable consumer law and other laws. A transaction subject to this article is subject to any applicable rule of law that establishes a different rule for consumers and [insert reference to (i) any other statute or regulation that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit and (ii) any consumer-protection statute or regulation]. Section 12-104. Rights in Controllable Account, Controllable Electronic Record, and Controllable Payment Intangible. (a) Applicability of section to controllable account and controllable payment intangible. This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record. (b) Control of controllable account and controllable payment intangible. To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible. (c) Applicability of other law to acquisition of rights. Except as provided in this section, law other than this article determines whether a person acquires a right in a controllable electronic record and the right the person acquires. (d) Shelter principle and purchase of limited interest. A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased. (e) Rights of qualifying purchaser. A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record. (f) Limitation of rights of qualifying purchaser in other property. Except as provided in subsections (a) and (e) for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property. (g) No-action protection for qualifying purchaser. An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory. (h) Filing not notice. Filing of a financing statement under Article 9 is not notice of a claim of a property right in a controllable electronic record. Section 12-105. Control of Controllable Electronic Record. (a) General rule: control of controllable electronic record. A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded: (1) gives the person: (A) power to avail itself of substantially all the benefit from the electronic record; and (B) exclusive power, subject to subsection (b), to: (i) prevent others from availing themselves of substantially all the benefit from the electronic record; and (ii) transfer control of the electronic record to another person or cause another person to obtain control of another controllable electronic record as a result of the transfer of the electronic record; and (2) enables the person readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as having the powers specified in paragraph (1). (b) Meaning of exclusive. Subject to subsection (c), a power is exclusive under subsection (a)(1)(B)(i) and (ii) even if: (1) the controllable electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded limits the use of the electronic record or has a protocol programmed to cause a change, including a transfer or loss of control or a modification of benefits afforded by the electronic record; or (2) the power is shared with another person. (c) When power not shared with another person. A power of a person is not shared with another person under subsection (b)(2) and the person’s power is not exclusive if: (1) the person can exercise the power only if the power also is exercised by the other person; and (2) the other person: (A) can exercise the power without exercise of the power by the person; or (B) is the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record. (d) Presumption of exclusivity of certain powers. If a person has the powers specified in subsection (a)(1)(B)(i) and (ii), the powers are presumed to be exclusive. (e) Control through another person. A person has control of a controllable electronic record if another person, other than the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record: (1) has control of the electronic record and acknowledges that it has control on behalf of the person; or (2) obtains control of the electronic record after having acknowledged that it will obtain control of the electronic record on behalf of the person. (f) No requirement to acknowledge. A person that has control under this section is not required to acknowledge that it has control on behalf of another person. (g) No duties or confirmation. If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this article or Article 9 otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person. Section 12-106. Discharge of Account Debtor on Controllable Account or Controllable Payment Intangible. (a) Discharge of account debtor. An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying: (1) the person having control of the controllable electronic record that evidences the controllable account or controllable payment intangible; or (2) except as provided in subsection (b), a person that formerly had control of the controllable electronic record. (b) Content and effect of notification. Subject to subsection (d), the account debtor may not discharge its obligation by paying a person that formerly had control of the controllable electronic record if the account debtor receives a notification that: (1) is signed by a person that formerly had control or the person to which control was transferred; (2) reasonably identifies the controllable account or controllable payment intangible; (3) notifies the account debtor that control of the controllable electronic record that evidences the controllable account or controllable payment intangible was transferred; (4) identifies the transferee, in any reasonable way, including by name, identifying number, cryptographic key, office, or account number; and (5) provides a commercially reasonable method by which the account debtor is to pay the transferee. (c) Discharge following effective notification. After receipt of a notification that complies with subsection (b), the account debtor may discharge its obligation by paying in accordance with the notification and may not discharge the obligation by paying a person that formerly had control. (d) When notification ineffective. Subject to subsection (h), notification is ineffective under subsection (b): (1) unless, before the notification is sent, the account debtor and the person that, at that time, had control of the controllable electronic record that evidences the controllable account or controllable payment intangible agree in a signed record to a commercially reasonable method by which a person may furnish reasonable proof that control has been transferred; (2) to the extent an agreement between the account debtor and seller of a payment intangible limits the account debtor’s duty to pay a person other than the seller and the limitation is effective under law other than this article; or (3) at the option of the account debtor, if the notification notifies the account debtor to: (A) divide a payment; (B) make less than the full amount of an installment or other periodic payment; or (C) pay any part of a payment by more than one method or to more than one person. (e) Proof of transfer of control. Subject to subsection (h), if requested by the account debtor, the person giving the notification under subsection (b) seasonably shall furnish reasonable proof, using the method in the agreement referred to in subsection (d)(1), that control of the controllable electronic record has been transferred. Unless the person complies with the request, the account debtor may discharge its obligation by paying a person that formerly had control, even if the account debtor has received a notification under subsection (b). (f) What constitutes reasonable proof. A person furnishes reasonable proof under subsection (e) that control has been transferred if the person demonstrates, using the method in the agreement referred to in subsection (d)(1), that the transferee has the power to: (1) avail itself of substantially all the benefit from the controllable electronic record; (2) prevent others from availing themselves of substantially all the benefit from the controllable electronic record; and (3) transfer the powers specified in paragraphs (1) and (2) to another person. (g) Rights not waivable. Subject to subsection (h), an account debtor may not waive or vary its rights under subsections (d)(1) and (e) or its option under subsection (d)(3). (h) Rule for individual under other law. This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. Section 12-107. Governing Law. (a) Governing law: general rule. Except as provided in subsection (b), the local law of a controllable electronic record’s jurisdiction governs a matter covered by this article. (b) Governing law: Section 12-106. For a controllable electronic record that evidences a controllable account or controllable payment intangible, the local law of the controllable electronic record’s jurisdiction governs a matter covered by Section 12-106 unless an effective agreement determines that the local law of another jurisdiction governs. (c) Controllable electronic record’s jurisdiction. The following rules determine a controllable electronic record’s jurisdiction under this section: (1) If the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this article or this chapter, that jurisdiction is the controllable electronic record’s jurisdiction. (2) If paragraph (1) does not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this article or this chapter, that jurisdiction is the controllable electronic record’s jurisdiction. (3) If paragraphs (1) and (2) do not apply and the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that the controllable electronic record is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction. (4) If paragraphs (1), (2), and (3) do not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that the controllable electronic record or the system is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction. (5) If paragraphs (1) through (4) do not apply, the controllable electronic record’s jurisdiction is the District of Columbia. (d) Applicability of Article 12. If subsection (c)(5) applies and Article 12 is not in effect in the District of Columbia without material modification, the governing law for a matter covered by this article is the law of the District of Columbia as though Article 12 were in effect in the District of Columbia without material modification. In this subsection, “Article 12” means Article 12 of Uniform Commercial Code Amendments (2022). (e) Relation of matter or transaction to controllable electronic record’s jurisdiction not necessary. To the extent subsections (a) and (b) provide that the local law of the controllable electronic record’s jurisdiction governs a matter covered by this article, that law governs even if the matter or a transaction to which the matter relates does not bear any relation to the controllable electronic record’s jurisdiction. (f) Rights of purchasers determined at time of purchase. The rights acquired under Section 12-104 by a purchaser or qualifying purchaser are governed by the law applicable under this section at the time of purchase. SECTION 195. Chapter 106 is further amended by adding the following new article below:-- ARTICLE A TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) PART 1 GENERAL PROVISIONS AND DEFINITIONS Section A-101. Title. This article may be cited as Transitional Provisions for Uniform Commercial Code Amendments (2022). Section A-102. Definitions. (a) Article A Definitions. In this article: (1) “Adjustment date” means July 1, 2025, or the date that is one year after [the effective date of this act], whichever is later. (2) “Article 12” means Article 12 of this chapter. (3) “Article 12 property” means a controllable account, controllable electronic record, or controllable payment intangible. (b) Definitions in other articles. The following definitions in other articles of this chapter apply to this article. “Controllable account”. Section 9-102. “Controllable electronic record”. Section 12-102. “Controllable payment intangible”. Section 9-102. “Electronic money”. Section 9-102. “Financing statement”. Section 9-102. (c) Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. References in this article to ''this act'' refer to the legislative enactment by which chapter 106 of the General Laws is amended effective on the date provided in Section A-401. PART 2 GENERAL TRANSITIONAL PROVISION Section A-201. Saving Clause. Except as provided in Part 3, a transaction validly entered into before [the effective date of this act] and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than this chapter or, if applicable, this chapter as though this act had not taken effect. PART 3 TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 Section A-301. Saving Clause. (a) Pre-effective-date transaction, lien, or interest. Except as provided in this part, Article 9 as amended by this act and Article 12 apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before [the effective date of this act]. (b) Continuing validity. Except as provided in subsection (c) and Sections A-302 through A-306: (1) a transaction, lien, or interest in property that was validly entered into, created, or transferred before [the effective date of this act] and was not governed by this chapter, but would be subject to Article 9 as amended by this act or Article 12 if it had been entered into, created, or transferred on or after [the effective date of this act], including the rights, duties, and interests flowing from the transaction, lien, or interest, remains valid on and after [the effective date of this act]; and (2) the transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by this act or by the law that would apply if this act had not taken effect. (c) Pre-effective-date proceeding. This act does not affect an action, case, or proceeding commenced before [the effective date of this act]. Section A-302. Security Interest Perfected Before Effective Date. (a) Continuing perfection: perfection requirements satisfied. A security interest that is enforceable and perfected immediately before [the effective date of this act] is a perfected security interest under this chapter as amended by this act if, on [the effective date of this act], the requirements for enforceability and perfection under this chapter as amended by this act are satisfied without further action. (b) Continuing perfection: enforceability or perfection requirements not satisfied. If a security interest is enforceable and perfected immediately before [the effective date of this act], but the requirements for enforceability or perfection under this chapter as amended by this act, are not satisfied on [the effective date of this act], the security interest: (1) is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before [the effective date of this act] or the adjustment date; (2) remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under Section 9-203, as amended by this act before the adjustment date; and (3) remains perfected thereafter only if the requirements for perfection under this chapter as amended by this act are satisfied before the time specified in paragraph (1). Section A-303. Security Interest Unperfected Before Effective Date. A security interest that is enforceable immediately before [the effective date of this act] but is unperfected at that time: (1) remains an enforceable security interest until the adjustment date; (2) remains enforceable thereafter if the security interest becomes enforceable under Section 9-203, as amended by this act, on [the effective date of this act] or before the adjustment date; and (3) becomes perfected: (A) without further action, on [the effective date of this act] if the requirements for perfection under this chapter as amended by this act are satisfied before or at that time; or (B) when the requirements for perfection are satisfied if the requirements are satisfied after that time. Section A-304. Effectiveness of Actions Taken Before Effective Date. (a) Pre-effective-date action; attachment and perfection before adjustment date. If action, other than the filing of a financing statement, is taken before [the effective date of this act] and the action would have resulted in perfection of the security interest had the security interest become enforceable before [the effective date of this act], the action is effective to perfect a security interest that attaches under this chapter as amended by this act before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under this chapter as amended by this act before the adjustment date. (b) Pre-effective-date filing. The filing of a financing statement before [the effective date of this chapter as amended by this act] is effective to perfect a security interest on [the effective date of this act] to the extent the filing would satisfy the requirements for perfection under this chapter as amended by this act. (c) Pre-effective-date enforceability action. The taking of an action before [the effective date of this act] is sufficient for the enforceability of a security interest on [the effective date of this act] if the action would satisfy the requirements for enforceability under this act. Section A-305. Priority. (a) Determination of priority. Subject to subsections (b) and (c), this act determines the priority of conflicting claims to collateral. (b) Established priorities. Subject to subsection (c), if the priorities of claims to collateral were established before [the effective date of this act], Article 9 as in effect before [the effective date of this act] determines priority. (c) Determination of certain priorities on adjustment date. On the adjustment date, to the extent the priorities determined by Article 9 as amended by this act modify the priorities established before [the effective date of this act], the priorities of claims to Article 12 property and electronic money established before [the effective date of this act] cease to apply. Section A-306. Priority of Claims When Priority Rules of Article 9 Do Not Apply. (a) Determination of priority. Subject to subsections (b) and (c), Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9 as amended by this act do not apply. (b) Established priorities. Subject to subsection (c), when the priority rules of Article 9 as amended by this act do not apply and the priorities of claims to Article 12 property were established before [the effective date of this act], law other than Article 12 determines priority. (c) Determination of certain priorities on adjustment date. When the priority rules of Article 9 as amended by this act do not apply, to the extent the priorities determined by this act modify the priorities established before [the effective date of this act], the priorities of claims to Article 12 property established before [the effective date of this act] cease to apply on the adjustment date. PART 4 EFFECTIVE DATE Section A-401. Effective Date. This act takes effect on [insert effective date of this act].

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An Act relative to real estate disclosure forms

H1113

HD3390

{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T11:13:42.347'}

[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T11:13:42.3466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1113/DocumentHistoryActions

Bill

By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1113) of Alice Hanlon Peisch relative to real estate disclosure forms. Financial Services.

Chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended after section 114 by adding the following section:- “SECTION 115. (a) The office of the attorney general shall promulgate regulations to create a standard disclosure form for real estate sales. (b) Such a form shall disclose all relevant and material information known to a real estate broker or real estate salesman as defined in section 87PP of chapter 112 of the General Laws, or a seller, about the property to be sold, and shall include information on, but not limited to: (1) the roof, foundation, and other structural components, (2) appliances, (3) electrical, water, sewer, heating, and other mechanical systems, (4) trees and natural hazards (earthquakes, flooding, hurricanes), (5) environmental hazards, such as lead, asbestos, mold, radon, or contamination by use as a meth lab, and (6) zoning.”

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An Act to add a compulsory death benefit to automobile liability insurance

H1114

HD3431

{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-10T14:13:56.36'}

[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-10T14:13:56.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1114/DocumentHistoryActions

Bill

By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1114) of Alice Hanlon Peisch for legislation to further regulate compulsory death benefits for automobile liability insurance. Financial Services.

SECTION 1. Section 34A of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 109, by inserting after the words "such a policy" the following:- "provided, however, that in instances of death to a person survived by a minor child, spouse, or dependent parent, said limit shall not be less than $100,000 per decedent, which amount shall not be subject to any liens".

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An Act relative to the diagnosis and treatment of breast cancer

H1115

HD2617

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:18:32.44'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:18:32.44'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-19T15:04:45.86'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-03T19:06:03.1'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-03T19:06:03.1'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T19:06:03.1'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T08:26:56.42'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T08:26:56.42'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-31T08:54:15.5366667'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T17:11:43.5166667'}]

{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-19T12:18:32.44'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1115/DocumentHistoryActions

Bill

By Representatives Philips of Sharon and Giannino of Revere, a petition (accompanied by bill, House, No. 1115) of Edward R. Philips, Jessica Ann Giannino and others relative to healthcare coverage for the diagnosis and treatment of breast cancer. Financial Services.

SECTION 1: Section 47G of Chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 20, by striking the language after the word “examination” and inserting in place thereof the following language:- (1) said benefits shall provide: (i) for a baseline mammogram, which may include tomosynthesis, for women between the ages of thirty-five and forty and for a mammogram on an annual basis, which may include tomosynthesis, for women forty years of age or older; (ii) in the case of a woman under forty years of age who has a family history of breast cancer or other breast cancer risk factors, a mammogram examination, which may include tomosynthesis, at such age and intervals as deemed medically necessary by the woman’s health care provider; (iii) ultrasound evaluation, magnetic resonance imaging scan or additional mammography testing, which may include tmosynthesis, of an entire breast or breasts if the screening mammogram, screening ultrasound or MRI shows any abnormality where additional examination is deemed medically necessary by the radiologist or the patient’s health care provider, (iv) screening breast ultrasound or screening breast magnetic resonance imaging examination if the patient has additional risk factors for breast cancer including, but not limited to, family history, prior personal history of breast cancer, positive genetic testing, heterogeneously or extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology, or other indications as determined by the patient’s health care provider, (v) for a diagnostic mammogram, which may include tomosynthesis, diagnostic breast ultrasound evaluation or breast magnetic resonance imaging scan if the patient has a history of breast cancer, (vi) for magnetic resonance imaging in place of, or in addition to, a mammogram when a mammogram is unable to detect cancers due to insufficient breast tissue as ordered by a patient’s physician. Said benefits shall be exempt from any co-payment, co-insurance, deductible or dollar limit provisions in a policy or contract. SECTION 2: Section 110 of Chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 322, by striking the language after the word “examination” and inserting in place thereof the following language:- : (1) said benefits shall provide: (i) for a baseline mammogram, which may include tomosynthesis, for women between the ages of thirty-five and forty and for a mammogram on an annual basis, which may include tomosynthesis, for women forty years of age or older; (ii) in the case of a woman under forty years of age who has a family history of breast cancer or other breast cancer risk factors, a mammogram examination, which may include tomosynthesis, at such age and intervals as deemed medically necessary by the woman’s health care provider; (iii) ultrasound evaluation, magnetic resonance imaging scan or additional mammography testing, which may include tmosynthesis, of an entire breast or breasts if the screening mammogram, screening ultrasound or MRI shows any abnormality where additional examination is deemed medically necessary by the radiologist or the patient’s health care provider, (iv) screening breast ultrasound or screening breast magnetic resonance imaging examination if the patient has additional risk factors for breast cancer including, but not limited to, family history, prior personal history of breast cancer, positive genetic testing, heterogeneously or extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology, or other indications as determined by the patient’s health care provider, (v) for a diagnostic mammogram, which may include tomosynthesis, diagnostic breast ultrasound evaluation or breast magnetic resonance imaging scan if the patient has a history of breast cancer, (vi) for magnetic resonance imaging in place of, or in addition to, a mammogram when a mammogram is unable to detect cancers due to insufficient breast tissue as ordered by a patient’s physician. Said benefits shall be exempt from any co-payment, co-insurance, deductible or dollar limit provisions in a policy or contract. SECTION 3: Section 8J of Chapter 176A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 12, by striking the language after the word “examination” and inserting in place thereof the following language:- : (1) said benefits shall provide: (i) for a baseline mammogram, which may include tomosynthesis, for women between the ages of thirty-five and forty and for a mammogram on an annual basis, which may include tomosynthesis, for women forty years of age or older; (ii) in the case of a woman under forty years of age who has a family history of breast cancer or other breast cancer risk factors, a mammogram examination, which may include tomosynthesis, at such age and intervals as deemed medically necessary by the woman’s health care provider; (iii) ultrasound evaluation, magnetic resonance imaging scan or additional mammography testing, which may include tmosynthesis, of an entire breast or breasts if the screening mammogram, screening ultrasound or MRI shows any abnormality where additional examination is deemed medically necessary by the radiologist or the patient’s health care provider, (iv) screening breast ultrasound or screening breast magnetic resonance imaging examination if the patient has additional risk factors for breast cancer including, but not limited to, family history, prior personal history of breast cancer, positive genetic testing, heterogeneously or extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology, or other indications as determined by the patient’s health care provider, (v) for a diagnostic mammogram, which may include tomosynthesis, diagnostic breast ultrasound evaluation or breast magnetic resonance imaging scan if the patient has a history of breast cancer, (vi) for magnetic resonance imaging in place of, or in addition to, a mammogram when a mammogram is unable to detect cancers due to insufficient breast tissue as ordered by a patient’s physician. Said benefits shall be exempt from any co-payment, co-insurance, deductible or dollar limit provisions in a policy or contract. SECTION 4: Section 4I of Chapter 176B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 12, by striking the language after the word “examination” and inserting in place thereof the following language:- : (1) said benefits shall provide: (i) for a baseline mammogram, which may include tomosynthesis, for women between the ages of thirty-five and forty and for a mammogram on an annual basis, which may include tomosynthesis, for women forty years of age or older; (ii) in the case of a woman under forty years of age who has a family history of breast cancer or other breast cancer risk factors, a mammogram examination, which may include tomosynthesis, at such age and intervals as deemed medically necessary by the woman’s health care provider; (iii) ultrasound evaluation, magnetic resonance imaging scan or additional mammography testing, which may include tmosynthesis, of an entire breast or breasts if the screening mammogram, screening ultrasound or MRI shows any abnormality where additional examination is deemed medically necessary by the radiologist or the patient’s health care provider, (iv) screening breast ultrasound or screening breast magnetic resonance imaging examination if the patient has additional risk factors for breast cancer including, but not limited to, family history, prior personal history of breast cancer, positive genetic testing, heterogeneously or extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology, or other indications as determined by the patient’s health care provider, (v) for a diagnostic mammogram, which may include tomosynthesis, diagnostic breast ultrasound evaluation or breast magnetic resonance imaging scan if the patient has a history of breast cancer, (vi) for magnetic resonance imaging in place of, or in addition to, a mammogram when a mammogram is unable to detect cancers due to insufficient breast tissue as ordered by a patient’s physician. Said benefits shall be exempt from any co-payment, co-insurance, deductible or dollar limit provisions in a policy or contract. SECTION 5: Section 47G of Chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 21, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 6: Section 47G of Chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 22, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 7: Section 110 of Chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 323, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 8: Section 110 of Chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 324, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 9: Section 8J of Chapter 176A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 13, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 10: Section 8J of Chapter 176A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 15, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 11: Section 4I of Chapter 176B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 13, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 12: Section 4I of Chapter 176B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 14, by striking out the word “women” and inserting in place thereof the word “patients”. SECTION 13. Chapter 32A of the General Laws as amended by Chapter 403 of the Acts of 2012, is hereby amended by inserting after section 17K the following section:- Section 17L. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission, coverage for the cost of a mastectomy and coverage for a minimum of 48 hours in-patient care. SECTION 14. Chapter 175 of the General Laws as amended by Chapter 403 of the Acts of 2012, is hereby amended by inserting after section 47DD the following section:- Section 47EE. Any policy of accident or sickness insurance delivered, issued or renewed in the commonwealth pursuant to this chapter shall provide coverage for the cost of a mastectomy and coverage for a minimum of 48 hours in-patient care. SECTION 15. Chapter 176A as amended by Chapter 403 of the Acts of 2012, is hereby amended by inserting after section 8EE the following section:- Section 8FF. Any 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 for coverage of the cost of a mastectomy and coverage for a minimum of 48 hours in-patient care. SECTION 16. Chapter 176B of the General Laws in hereby amended by inserting after section 4FF the following section:- Section 4GG. Any subscription certificate under an individual or group medical service agreement delivered or issued or renewed within the commonwealth shall provide for coverage of the cost of a mastectomy and coverage for a minimum of 48 hours in-patient care. SECTION 17. Chapter 176G of the General Laws is hereby amended by inserting after section 4X the following section:- Section 4Y. Any individual or group maintenance contract issued, renewed, or delivered within or without the commonwealth shall provide coverage for the cost of a mastectomy and coverage for a minimum of 48 hours in-patient care.

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An Act relative to the treatment of infantile cataracts

H1116

HD891

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:43:20.25'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:43:20.25'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1116/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1116) of Edward R. Philips that health insurance policies that cover infantile cataract surgery be required to provide coverage for aphakic lenses for treatment and rehabilitation. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following section: Section 17J. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation.  The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician. SECTION 2.  Chapter 118E, is hereby amended by adding the following section: Section 61. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician.  SECTION 3.  Section 108 of Chapter 175 is hereby amended by adding the following section: Section K. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician. SECTION 4.  Section 110 of Chapter 175 is hereby amended by adding the following section: Section N. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician. SECTION 5.  Chapter 176A of the General Laws is hereby amended by adding the following section: Section 8CC. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician. SECTION 6.  Chapter 176B of the General Laws is hereby amended by adding the following section: Section 4CC. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician. SECTION 7.  Chapter 176G of the General Laws is hereby amended by adding the following section: Section 4U. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician. SECTION 8.  Chapter 176I of the General Laws is hereby amended by adding the following section: Section 12. Notwithstanding any general or special law or rule or regulation to the contrary, a health insurance policy that covers infantile cataract surgery must provide coverage for aphakic lenses for treatment and rehabilitation. The coverage must include benefits for prosthetic contact lenses or glasses, as required as medically necessary by the physician.

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An Act relative to colorectal and breast cancer screenings

H1117

HD2615

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-17T16:22:28.913'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-17T16:22:28.9133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1117/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1117) of Edward R. Philips relative to insurance coverage for colorectal cancer screenings and breast cancer screenings. Financial Services.

SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 110M the following section:- Section 110N. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth which provides coverage for colorectal cancer screenings or breast cancer screenings shall not impose (1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy or a screening mammogram; or (2) A coinsurance, copayment, deductible or other out-of-pocket expense for any additional colonoscopy, sigmoidoscopy or mammogram ordered in a policy year by a physician for an insured. SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8AA the following section:- Section 8BB. Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered or issued or renewed within the commonwealth which provides coverage for colorectal cancer screenings or breast cancer screenings shall not impose (1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy or a screening mammogram; or (2) A coinsurance, copayment, deductible or other out-of-pocket expense for any additional colonoscopy, sigmoidoscopy or mammogram ordered in a policy year by a physician for an insured. SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4AA the following section:- Section 4BB. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth which provides coverage for colorectal cancer screenings or breast cancer screenings shall not impose (1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy or a screening mammogram; or (2) A coinsurance, copayment, deductible or other out-of-pocket expense for any additional colonoscopy, sigmoidoscopy or mammogram ordered in a policy year by a physician for an insured. SECTION 4. Chapter 176G of the General Laws is hereby amended by inserting after section 4S the following section:- Section 4T. Any individual or group health maintenance contract which provides coverage for colorectal cancer screenings or breast cancer screenings shall not impose (1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy or a screening mammogram; or (2) A coinsurance, copayment, deductible or other out-of-pocket expense for any additional colonoscopy, sigmoidoscopy or mammogram ordered in a policy year by a physician for an insured. SECTION 5. Chapter 32A of the General Laws is hereby amended by inserting after section 23 the following section:- Section 24. Any coverage offered by the commission to any active or retired employee of the commonwealth who is insured under the group insurance commission which provides coverage for colorectal cancer screenings or breast cancer screenings shall not impose (1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy or a screening mammogram; or (2) A coinsurance, copayment, deductible or other out-of-pocket expense for any additional colonoscopy, sigmoidoscopy or mammogram ordered in a policy year by a physician for an insured.

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An Act relative to the calculation of labor rates paid by insurance companies to auto repairers in the Commonwealth

H1118

HD2619

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:00:57.64'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:00:57.64'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-06T11:24:45.8766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1118/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1118) of Edward R. Philips and Jacob R. Oliveira relative to the calculation of labor rates paid by insurance companies to motor vehicle repair shops. Financial Services.

SECTION 1. Chapter 100A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 14 the following section:- Section 15. The commissioner of insurance shall set the minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops. In determining the minimum rate paid by insurers on all Massachusetts insured motor vehicle damage claims, the compensation for the minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops shall be calculated by utilizing the method described in this section: The compensation for the minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops shall be established by the repair shop submitting to the insurer 100 sequential customer-paid collision repair orders or 60 consecutive days of customer-paid collision repair orders, whichever is less, from which the repairer shall calculate the average customer paid hourly labor rate, which shall be declared the minimum hourly labor rate that the insurer will pay to the repairer. The minimum hourly labor rate shall go into effect 30 days following the declaration, subject to audit of the submitted collision repair orders by the insurer and a rebuttal of the declared rate. If the declared rate is rebutted, the insurer shall propose an adjustment of the minimum hourly labor rate based on the rebuttal not later than 30 days after submission. If the repairer does not agree with the minimum hourly labor rate proposed by the insurer, the repairer may file an action with the commissioner of insurance 30 days after receipt of the proposal by the insurer. In an action commenced under this section, the insurer shall have the burden of proving that the rate declared by the repairer was inaccurate or unreasonable. SECTION 2. Section 113B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “commissioner” in line 14, the following:- “; provided, however, that collision repair hourly labor rates, set pursuant to section 15 of chapter 100A, shall not be included when considering programs to control costs and expenses under this section or section 113H.” SECTION 3. Within 90 days of the enactment of Section 1, the commissioner of the division of insurance shall promulgate regulations necessary to implement the provisions of Sections 1 and 2, inclusive.

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An Act to ensure consumer cost protection under the dental medical loss ratio

H1119

HD2626

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:43:47.297'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:43:47.2966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T16:36:56.1233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-31T16:36:56.1233333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-03T19:06:31.46'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-03T19:06:31.46'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-03T19:06:31.46'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T16:46:20.33'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T16:07:55.91'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-24T17:00:50.36'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T13:40:45.68'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-12T10:56:01.1266667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-12T10:56:01.1266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T12:00:33.2033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1119/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1119) of Edward R. Philips and others relative to consumer cost protections under the dental medical loss ratio. Financial Services.

SECTION 1. Section 1 of chapter 176X, as inserted by chapter 287 of the acts of 2022 is hereby amended by inserting before the definition of “Carrier” the following definition:- “Annual benefit maximum”, the total dollar amount that a dental carrier will pay for a plan member’s care within the given plan year. SECTION 2. Said section 1 of said chapter 176X, as so appearing, is hereby further amended by inserting after the definition of “Carrier” the following definition:- “Cost-Sharing”, the share of costs for the services covered by the dental benefit plan that are paid out of a beneficiary’s pocket, including but not limited to co-pays, deductibles and co-insurance. SECTION 3. Section 1 of said chapter 176X, as so appearing, is hereby further amended by inserting after the definition of “Dental benefit plans” the following definition:- “Out-of-pocket costs”, expenses paid for dental care that are not reimbursed by insurance, including but not limited to: deductibles, coinsurance and copayments for covered services plus all costs for services that aren't covered. SECTION 4. Notwithstanding any general or special law to the contrary, subsection (b) of section 2 of said chapter 176X as so appearing, is hereby amended by inserting in line 8, after the words “associated with paying claims.” the following sentence:- The commissioner shall additionally require carriers offering dental benefit plans to submit information regarding out-of-pocket costs for dental plan members, including but not limited to: (i) annual benefit maximums, and (ii) cost-sharing including, but not limited to co-pays, deductibles, and co-insurance. SECTION 5. Notwithstanding any general or special law to the contrary, subsection (c) of said section 2 of said chapter 176X as so appearing, is hereby further amended by inserting, in line 6, after the words “not actuarially sound.”, the following sentence:- The commissioner may disapprove proposed changes to the base rates and changes to rating factors if the commissioner finds an increase in out-of-pocket costs paid by a carrier’s beneficiaries is unreasonable or excessive.

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An Act relative to establishing a minimum age of entry for cannabis

H112

HD192

{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T15:56:36.967'}

[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T15:56:36.9666667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:48:54.01'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:03:02.2433333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T11:38:26.8133333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:37:28.28'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:38:24.2766667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T14:06:40.2866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H112/DocumentHistoryActions

Bill

By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 112) of Hannah Kane and others for legislation to establish a minimum age of entry for cannabis-related events. Cannabis Policy.

Chapter 94G of the General Laws is hereby amended by adding the following section:- Section 22. Any marijuana-related event, forum, convention or conference to promote or encourage marijuana use or to educate users or prospective users on marijuana use, marijuana products or marijuana accessories held at any location in the commonwealth shall have a minimum age requirement of 21 years of age, and the organizer of such event, forum, convention or conference shall ensure that any person attending the event is at least 21 years of age; provided, however, that this section shall not apply to marijuana use prevention programs for youth, youth educational programs or substance misuse programs related to marijuana use. An event organizer that fails to comply with this section shall be punished by a fine of not more than $2,000; provided that an event organizer who reasonably relies on: (i) a liquor purchase identification card issued pursuant to section 34B of chapter 138, (ii) a motor vehicle license issued pursuant to section 8 of chapter 90, (iii) an identification card issued under section 8E of said chapter 90, (iv) a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or (v) a valid United States issued military identification card, for proof of a person's identity and age shall be presumed to have acted with due care and shall not be found to have failed to comply with this section; but such presumption shall be rebuttable.

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An Act relative to the practice of acupuncture

H1120

HD101

{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:04:33.467'}

[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:04:33.4666667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T19:26:53.9133333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T11:24:56.61'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:56:10.3766667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:05:28.0066667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T14:58:45.7133333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T13:59:32.82'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:38:25.25'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:06:33.82'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T13:57:13.0566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T14:11:42.8333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1120/DocumentHistoryActions

Bill

By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 1120) of Smitty Pignatelli and others relative to the practice and insurance coverage of acupuncture. Financial Services.

SECTION 1. Chapter 111 of the general laws, as amended by chapter 47 of the acts of 2017, is hereby amended by adding the following section:- Section 238. There shall be a commission on acupuncture and wellness within the department. The commission shall consist of: the commissioner of public health or the commissioner’s designee, who shall chair the commission; the commissioner of insurance or the commissioner’s designee; the director of MassHealth or the director’s designee; the director of the board of registration in medicine or the director’s designee; the senate chair of the joint committee on public health; the house chair of the joint committee on public health; a member representing a statewide organization of licensed acupuncturists; a member representing a statewide organization of medical acupuncturists; a member representing the Massachusetts Public Health Association; and 5 members to be selected by the Governor including: no fewer than 2 acupuncturists, licensed and practicing in the state of Massachusetts; a member representing one of the top five health insurance companies in Massachusetts according to market share, a member representing a health care consumer organization, and a member currently practicing as a licensed physician in Massachusetts. The commission on acupuncture and wellness shall make an investigation and comprehensive study of the potential for better integrated use of acupuncture services to expand access, reduce health care costs, and provide improved quality of care to Massachusetts residents. The commission shall: (1) Consider strategies to evaluate and implement effective integration of acupuncture services in health care delivery in Massachusetts with specific focus on interventions in pain management, substance abuse treatment, and wellness promotion. (2) Consider strategies to effectively integrate acupuncture treatment modalities into alternative payment models, including, but not limited to, accountable care organizations, workplace wellness programs and provider organizations established under chapter 224 of the acts of 2012. (3) Consider strategies regarding reimbursement of licensed acupuncturists via third party payors or otherwise to facilitate a stable and sustainable integration of acupuncture services into the broader system of health care delivery. The commission on acupuncture and wellness shall submit to the secretary of health and human services and the joint committee public health, six months after the effective date of this act and annually thereafter, a report that includes findings from the commission’s review along with recommendations and any suggested legislation to implement those recommendations. SECTION 2. Chapter 175 of the general laws, as so appearing in the 2016 official edition, is hereby amended by inserting after section 47II, the following section:- Section 47JJ. (a) All individual or group accident and health insurance policies and health service contracts delivered, issued or renewed by an insurer or nonprofit health service corporation which provide benefits to individual subscribers and members within the commonwealth or to all group members having a principal place of employment within the commonwealth shall provide benefits for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. SECTION 3. Said chapter 175 is hereby further amended by inserting after section 205 the following section:- Section 205A. (a) The commissioner shall not approve a policy under section 205 that does not provide benefits for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. SECTION 4. Chapter 176A of the general laws, as so appearing in the 2016 official edition, is hereby amended by inserting after section 8KK, the following section:- Section 8LL. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered, issued or renewed in the commonwealth shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. SECTION 5. Chapter 176B of the general laws, as so appearing in the 2016 official edition, is hereby amended by inserting after section 4KK, the following section:- Section 4LL. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed in the commonwealth shall provide benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. SECTION 6. Chapter 176G of the general laws, as so appearing in the 2016 official edition, is hereby amended by inserting after section 4CC, the following section:- Section 4DD. (a) Any group health maintenance contract shall provide coverage for acupuncture and oriental medicine-based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. SECTION 7. Chapter 32A of the general laws, as so appearing in the 2016 official edition, is hereby amended by inserting after Section 17O, the following section:- Section 17P. The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for acupuncture and oriental medicine-based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. SECTION 8. Notwithstanding any general or special law to the contrary, no third-party payer of health care services shall differentiate reimbursement rates for acupuncture services by provider type. Only licensed acupuncturists or medical doctors shall be reimbursed for acupuncture services.

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An Act relative to motor vehicle service contracts

H1121

HD342

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-12T12:01:50.167'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-12T12:01:50.1666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1121/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1121) of Angelo J. Puppolo, Jr., relative to motor vehicle service contracts. Financial Services.

SECTION 1. Section 149M of chapter 175 of the General Laws, is hereby amended by inserting after the definition of “consumer” the following 5 definitions:- “Consumer product”, any tangible personal property that is distributed in commerce and is normally used for personal, family or household purposes, including tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed. “Maintenance agreement”, a contract for regular maintenance. “Motor vehicle distributor”, any person who is not a motor vehicle manufacturer or a motor vehicle dealer and who sells or distributes new and unused motor vehicles to motor vehicle dealers within the commonwealth or to a wholesaler who in turn sells or distributes such vehicles to motor vehicle dealers within the commonwealth; provided, however, that “motor vehicle distributor” shall include any branch office or division maintained by any corporation, association, partnership or other legal entity for directing and supervising their franchisor representatives. “Motor vehicle franchisor representative”, a person employed by a motor vehicle manufacturer or distributor to promote the sale of new motor vehicles or for supervising, servicing, instructing or contracting motor vehicle dealers or prospective motor vehicle dealers and any officer, agent or other authorized representative of a manufacturer or distributor. “Motor vehicle manufacturer”, a person who: (i) manufactures or produces motor vehicles under the person’s own name or label; (ii) is a subsidiary of the person who manufactures or produces motor vehicles; (iii) is a corporation which owns 100 per cent of the corporation, association, partnership or other legal entity who manufactures or produces motor vehicles; or (iv) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures or produces motor vehicles. SECTION 2. Said section 149M of said chapter 175, as so appearing, is hereby further amended by striking out the definition of “service contract” and inserting in place thereof the following definition:- “Service contract”, a contract for a separately stated consideration and for a specific duration to perform the service, repair, replacement or maintenance of a consumer product, including a motor vehicle, or indemnification for service, repair, replacement or maintenance for the operational or structural failure due to a defect in materials or workmanship or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, rental and food spoilage; provided, however, that a service contract shall also include a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following: (i) the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting; (iii) the repair of small motor vehicle windshield chips or cracks which may include the replacement of the windshield for chips or cracks that cannot be repaired; or (iv) the repair of damage to the interior components of a motor vehicle caused by wear and tear but which shall expressly exclude the replacement of any part or component of a motor vehicle’s interior. SECTION 3. Section 149N of said chapter 175, as so appearing, is hereby amended by striking out, in line 100, the words “tangible personal property” and inserting in place thereof the following words:- consumer products. SECTION 4. Section 149U of said chapter 175, as so appearing, is hereby amended by adding the following subsection:- (c) It shall be an unfair or deceptive act or practice for a motor vehicle manufacturer, distributor or franchisor representative to require, attempt to require, coerce or attempt to coerce a motor vehicle dealer to sell, offer to sell or sell exclusively an extended service contract, extended maintenance plan or similar products, including, but not limited to, guaranteed automobile protection or guaranteed asset protection products, offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative by any of the following means: (i) a statement made by the motor vehicle manufacturer, distributor or franchisor representative that failure to sell, offer to sell or sell exclusively an extended service contract, extended maintenance plan or similar products will substantially and adversely impact the dealer; (ii) a provision in a franchise agreement that the dealer sell or sell exclusively an extended service contract, extended maintenance plan or similar product offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; (iii) measuring the dealer’s performance under the franchise based on the sale of extended service contracts, extended maintenance plans or similar products offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; or (iv) requiring the dealer to exclusively promote the sale of extended service contracts, extended maintenance plans or similar products offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative. Nothing in this subsection shall prohibit a motor vehicle manufacturer, distributor or franchisor representative from providing incentives to a dealer that encourages a voluntary decision to sell or sell exclusively an extended service contract, extended maintenance plan or similar product, including, but not limited to, guaranteed automobile protection or guaranteed asset protection products offered, endorsed or sponsored by the manufacturer, distributor or franchisor. SECTION 5. Said chapter 175 is hereby amended by striking out section 149V, as so appearing, and inserting in place thereof the following section:- Section 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive: (i) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service contracts or other agreements regarding automobiles under which a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered by builders as part of a conveyance of real estate; (v) warranties on a product made by the manufacturer, importer or seller of the product; and (vi) maintenance agreements. (b) Motor vehicle manufacturer’s service contracts on the motor vehicle manufacturer’s products shall comply with sections 149M to 149W, inclusive, as applicable to be determined by the commissioner of insurance; provided, however, that motor vehicle manufacturer’s service contracts on the motor vehicle manufacturer’s products shall be exempt from licensure requirements under subsection (d) of section 149N.

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An Act relative to financial services contracts for dental benefits corporations

H1122

HD1678

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-18T16:25:38.337'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-18T16:25:38.3366667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-23T13:40:56.7733333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-23T13:40:56.7733333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T13:40:56.7733333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-15T15:59:31.63'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T15:59:31.63'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1122/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1122) of Angelo J. Puppolo, Jr., and others relative to financial services contracts for dental benefits corporations. Financial Services.

SECTION 1. Section 108B of Chapter 175 of the General Laws, as most recently appearing, is hereby amended by inserting at the end of said section the following sentence:- “No contract for the provision of healthcare services or benefits with a registered dentist may require that such dentist provide dental services to a covered person at a particular fee unless said dental services are services for which the company shall provide payment under the applicable group or individual policy of accident, sickness or health insurance.” SECTION 2. Section 7 of chapter 176B of the General Laws, as most recently appearing, is hereby amended by inserting after the second paragraph the following paragraph:- “No such agreement may require that a dentist provide dental services to subscribers or their covered dependents at a particular fee unless said dental services are services for which the medical services corporation shall provide reimbursement under the applicable service agreement.” SECTION 3. Section 7 of chapter 176E of the General Laws, as most recently appearing, is hereby amended by inserting after the second paragraph the following paragraph:- “No written agreement between a dental service corporation and a participating dentist may require that the dentist provide dental services to subscribers or their covered dependents at a particular fee unless said dental services are services for which the dental service corporation shall provide reimbursement under the applicable service agreement.” SECTION 4. Section 21 of chapter 176G of the General Laws, as most recently appearing, is hereby amended by inserting after subsection (d) the following sub-section:- “(e) No contract between a health maintenance organization and a participating provider who is a registered dentist may require that such dentist provide dental services to a member at a particular fee unless said dental services are services for which the health maintenance organization shall provide reimbursement under the applicable health maintenance contract.” SECTION 5. Section 2 of chapter 176I of the General Laws, as most recently appearing, is hereby amended by inserting after the first paragraph the following paragraph:- “No preferred provider arrangement with a health care provider who is a registered dentist may require that such dentist provide dental service to a covered person at a particular fee unless said dental services are services for which the organization shall provide reimbursement under the applicable preferred provider arrangement.”

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An Act further clarifying the delivery of health care

H1123

HD1682

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-18T16:30:09.257'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-18T16:30:09.2566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T16:00:08.78'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1123/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1123) of Angelo J. Puppolo, Jr., relative to further clarifying the delivery of health care and dentistry. Financial Services.

Section 1. Notwithstanding the provisions of 101 CMR 314 or any general or special law to the contrary, Chapter 260 of the Acts of 2020 is hereby amended throughout by inserting after the words “health care provider” in each place where it appears, and by inserting in place thereof the following: -- ; provided, however, that the provisions of this section shall not apply to any provider licensed to practice dentistry.

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An Act relative to dental insurance assignment of benefits

H1124

HD2697

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T15:44:52.63'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T15:44:52.63'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-23T13:40:46.2866667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T13:40:46.2866667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-15T15:59:47.06'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1124/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1124) of Angelo J. Puppolo, Jr., David Allen Robertson and Paul McMurtry relative to dental insurance assignment of benefits. Financial Services.

SECTION 1. Chapter 176W of the General Laws, as so appearing the 2020 Official Edition, is hereby amended by inserting the following chapter:- Chapter 176X. Dental Benefit Plans Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meaning:- “Carrier”, any insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175, non-profit medical service corporation under chapter 176B; a dental service corporation organized under chapter 176E, health maintenance organization organized under chapter 176G, or preferred provider arrangement organized under chapter 176I offering dental benefit plans in the commonwealth. “Commissioner”, the commissioner of the division of insurance. “Connector”, the commonwealth health insurance connector, established by chapter 176Q. “Dental benefit plans”, any stand-alone dental plan that covers oral surgical care, services, procedures or benefits covered by any individual, general, blanket or group policy of health, accident and sickness insurance issued by an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group dental medical service plan issued by a non-profit medical service corporation under chapter 176B; any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group dental service plan issued by a dental service corporation organized under chapter 176E; any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group dental health maintenance contract issued by a health maintenance organization organized under chapter 176G; or any oral surgical care, services, procedures or benefits covered by a stand-alone individual or group preferred provider dental plan issued by a preferred provider arrangement organized under chapter 176I. “Self-insured customer”, a self-insured group for which a carrier provides administrative services. “Self-insured group”, a self-insured or self-funded employer group health plan. “Third-party administrator”, a person who, on behalf of a dental insurer or purchaser of dental benefits, receives or collects charges, contributions or premiums for, or adjusts or settles claims on or for residents of the commonwealth. “Written direction” refers to the assignment of benefits to the dental provider by the patient on the claim form sent electronically or by regular mail to the dental plan. Section 2. Dental insurance assignment of benefits. Dental benefit plans as defined in section 1 shall allow, as a provision in a group or individual policy, contract or health benefit plan for coverage of dental services, any person insured by such entity to direct, in writing, that benefits from a health benefit plan, policy or contract, be paid directly to a dental care provider who has not contracted with the entity to provide dental services to persons covered by the entity but otherwise meets the credentialing criteria of the entity. If written direction to pay is executed and written notice of the direction to pay is provided to such entity, the insuring entity shall pay the benefits directly to the dental care provider. The amount of benefits paid directly to the dental care provider under this section must be at least equal to the amount paid to participating dentists. The entity paying the dentist, pursuant to a direction to pay duly executed by the subscriber, shall have the right to review the records of the dentist receiving such payment that relate exclusively to that particular subscriber/patient to determine that the service in question was rendered. Provided, however, this section shall not apply to insurance coverage providing benefits for: (1) hospital confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily injury or death by accident or both; and (9) other limited benefit policies.

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An Act to increase enrollment in affordable health plan networks

H1125

HD1698

{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-18T16:46:57.34'}

[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-18T16:46:57.34'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1125/DocumentHistoryActions

Bill

By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 1125) of David Allen Robertson for legislation to increase enrollment in affordable health plan networks. Financial Services.

SECTION 1. Subsection (a) of section 11 of Chapter 176J of the General Laws is hereby amended by inserting at the end thereof the following:- The commissioner may also exempt carriers from complying with this section based on (i) whether the majority of a carrier’s chapter 176J membership is enrolled in a single rate region; or (ii) whether the majority of the carrier’s chapter 176J membership is enrolled in subsidized coverage offered under chapter 176Q through which such members receive state or federal subsidies; or (iii) whether the carrier receives 80 per cent or more of its income from government programs, including subsidized coverage offered under chapter 176Q through which such members receive state or federal subsidies. SECTION 2. Section 9A of Chapter 176O of the Massachusetts General Laws is amended by striking subsection (a) and replacing it with the following:- "(a)(i) limits the ability of the carrier to introduce or modify a select network plan or tiered network plan by granting the health care provider a guaranteed right of participation; (ii) requires the carrier to place all members of a provider group, whether local practice groups or facilities, in the same tier of a tiered network plan; or (iii) requires the carrier to include all members of a provider group, whether local practice groups or facilities, in a select network plan on an all-or-nothing basis; or"

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An Act modify the safe drivers insurance plan relative to minor violation

H1126

HD1586

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:14:05.797'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:14:05.7966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1126/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1126) of David M. Rogers relative to the modification of the safe drivers insurance plan relative to minor violations. Financial Services.

Section 113B of Chapter 175 shall be amended by striking the second sentence of the thirteenth paragraph, and by substituting therefor the following: The adjustment shall apply to every driver with no surchargeable incidents, or with one surchargeable incident for which 2 or fewer unsafe driver points have been assigned, within the 5 years immediately preceding the applicable rate year.

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An Act to repeal no fault motor vehicle insurance

H1127

HD1798

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:08:20.883'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:08:20.8833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1127/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1127) of David M. Rogers for legislation to repeal certain personal injury protection motor vehicle insurance laws. Financial Services.

SECTION 1. Section 34A of said chapter 90 is hereby amended by striking the last four paragraphs thereof, dealing with "personal injury protection" in their entirety. SECTION 2. Section thirty-four M of said chapter ninety is hereby repealed. SECTION 3. Section thirty-four N of said chapter ninety is hereby repealed. SECTION 4. Section 6D of chapter 231 of the General Laws is hereby repealed.

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An Act to protect consumers in the issuance of automobile insurance policies and bonds

H1128

HD1804

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:06:04.81'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:06:04.81'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1128/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1128) of David M. Rogers for legislation to provide information to consumers in the issuance of automobile insurance policies and bonds. Financial Services.

SECTION 1: Section 113A of Chapter 175 of the General Laws is hereby amended by adding the following paragraph as the first paragraph in the section:- No motor vehicle liability policy, as defined in Section thirty-four of chapter 90 shall be issued or delivered in the commonwealth unless the content of said policy addressing coverage which is either compulsory in the commonwealth or is optional but must be offered for sale to a policyholder, conforms to a standardized uniform policy text approved by the commissioner. SECTION 2: Section 113A of Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in like 1 through 14 and inserting in place thereof the following:- No motor vehicle liability policy as defined in section thirty-four of chapter 90 shall be issued or delivered in the commonwealth, or changed in any coverage, condition or definition in such policy unless it is approved by the commissioner after public notice and hearing in accordance with the procedure established for the promulgation of regulations pursuant to section two of chapter thirty A, and after notice of the proposed change has been given to the financial services committee of the General Court which notice shall be no later than twenty-one days before the public hearing; nor if the commissioner notifies the company in writing that in his opinion the form of said policy does not comply with the laws of the commonwealth, specifying his reasons thereof, provided that he shall notify the company in writing of his approval or disapproval thereof, and provided further, that such action of the commissioner shall be subject to review by the Supreme Judicial Court; nor if it contains any exceptions or exclusions as to specified accidents or injuries or causes thereof; nor unless it contains in substance the following provisions:- SECTION 3: Section 1 and 2 of this act shall apply to all motor vehicle liability policies issued on or after the effective date of this act.

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An Act relative to the remediation of home heating oil releases

H1129

HD99

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T15:53:39.487'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T15:53:39.4866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T11:35:00.7733333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-21T09:32:53.62'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T15:28:08.13'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T13:57:19.18'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1129/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1129) of Jeffrey N. Roy and Lindsay N. Sabadosa relative to homeowners insurance coverage for the remediation of home heating oil releases. Financial Services.

SECTION 1. Chapter 175 of the General Laws is hereby amended by striking out section 4D, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 4D. (a) As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise: “Liquid fuel tank”, a tank in which heating oil is stored and from which heating oil is delivered or pumped through a fuel supply line to an oil burner, whether located within a dwelling or other structure, including tanks installed at or below grade level or located outdoors but excluding underground tanks wherever located. “Residential property”, a 1-unit to 4-unit dwelling used for living or sleeping. (b) (1) The joint underwriting association formed pursuant to section 4 of chapter 175C and any insurer licensed to write and engaged in the writing of homeowners’ insurance shall provide the following coverage to owners of residential property to whom a homeowners’ insurance policy is issued or renewed: (i) first-party property coverage for response action costs incurred under chapter 21E or chapter 21K or any regulation promulgated pursuant to said chapter 21E or chapter 21K and property damage on the insured’s residential property caused by or in response to a release of heating oil from a residential liquid fuel tank or any piping, fuel supply lines, equipment or systems connected thereto; and (ii) liability coverage for third-party claims arising out of a release of heating oil into the environment. (2) For the purposes of this section, first-party property coverage shall include response action costs incurred to assess and remediate a heating oil release impacting soil, indoor air or other environmental media on the insured’s residential property and the reimbursement of any associated personal property damage. For the purposes of this section, third-party liability coverage shall include: (i) the obligation to defend the insured at the insurer’s expense against third-party claims; provided, however, that such defense obligation shall include coverage for costs incurred to investigate the source and extent of the release of heating oil; and (ii) response action costs incurred to address conditions on and off the insured’s residential property arising from a heating oil release on the insured’s residential property that has impacted, or is likely to impact, groundwater or has migrated to, or is likely to migrate to, a third-party’s property. (3) First-party property coverage and third-party liability coverage shall apply simultaneously and in addition to each other when both coverages are applicable. Insurers may include a reasonable charge for such coverage in premiums applicable to all homeowners' insurance policies The minimum coverage shall be $75,000 per occurrence for first-party property coverage and $250,000 per occurrence for third-party liability coverage, subject to a reasonable deductible not to exceed $1,000 per claim. (c) Notwithstanding subsection (b), the joint underwriting association and an insurer may include an exclusion in homeowners’ insurance policies from the coverages required pursuant to said subsection (b) where the heating oil release would not have occurred but for the owner’s failure to comply with the requirements of said subsection (b) or subsection (c) of section 38J of chapter 148, or any regulations promulgated pursuant to said subsection (b) or said subsection (c) of said section 38J of said chapter 148; provided, however, that the joint underwriting association or insurer has provided an annual written notice to the insured that explains, in at least 16-point type, such requirements under said chapter 148, and any regulations promulgated thereto, on a separate form approved by the division of insurance. SECTION 2. This act shall apply to policies issued or renewed on or after January 1, 2024.

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An Act relative to prohibiting billboard advertisements of non-prescription marijuana

H113

HD2974

{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-19T20:42:52.813'}

[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-19T20:42:52.8133333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:05:43.63'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-07T15:46:53.6033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H113/DocumentHistoryActions

Bill

By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 113) of Patrick Joseph Kearney and Michelle M. DuBois relative to prohibiting billboard advertisements of non-prescription marijuana. Cannabis Policy.

SECTION 1. Section 4 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in line 231 after the word "misleading;" the following:- "(2) a prohibition on advertising, marketing and branding by means of television, radio, internet, billboard or print publication unless at least 85 per cent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data" and inserting in place thereof the following:- ";(2a) a prohibition on advertising, marketing and branding by means of billboards; (2b) a prohibition on advertising, marketing, and branding by means of television, radio, internet, or print publication unless at least 85 per cent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data" SECTION 2. Said section 4 of said chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in line 258 after the word "unless" the following:- "at least 85 per cent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data" and inserting in place thereof the following:- "entry is restricted to those 21 years of age or older." SECTION 3. Said section 4 of said chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 265 after the word "a" the word "conspicuous."

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An Act to protect consumers in the issuance of automobile insurance policies and bonds

H1130

HD1775

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T14:17:22.993'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T14:17:22.9933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1130/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1130) of Jeffrey N. Roy for legislation to protect consumers in the issuance of automobile insurance policies and bonds. Financial Services.

SECTION 1: Section 113A of Chapter 175 of the General Laws is hereby amended by adding the following paragraph as the first paragraph in the section:- No motor vehicle liability policy, as defined in Section thirty-four of chapter 90 shall be issued or delivered in the commonwealth unless the content of said policy addressing coverage which is either compulsory in the commonwealth or is optional but must be offered for sale to a policyholder, conforms to a standardized uniform policy text approved by the commissioner. SECTION 2: Section 113A of Chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out in like 1 through 14 and inserting in place thereof the following:- No motor vehicle liability policy as defined in section thirty-four of chapter 90 shall be issued or delivered in the commonwealth, or changed in any coverage, condition or definition in such policy unless it is approved by the commissioner after public notice and hearing in accordance with the procedure established for the promulgation of regulations pursuant to section two of chapter thirty A, and after notice of the proposed change has been given to the financial services committee of the General Court which notice shall be no later than twenty-one days before the public hearing; nor if the commissioner notifies the company in writing that in his opinion the form of said policy does not comply with the laws of the commonwealth, specifying his reasons thereof, provided that he shall notify the company in writing of his approval or disapproval thereof, and provided further, that such action of the commissioner shall be subject to review by the Supreme Judicial Court; nor if it contains any exceptions or exclusions as to specified accidents or injuries or causes thereof; nor unless it contains in substance the following provisions:- SECTION 3: Section 1 and 2 of this act shall apply to all motor vehicle liability policies issued on or after the effective date of this act.

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An Act relating to patient cost, benefit and coverage information, choice, and price transparency

H1131

HD1778

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-12T15:41:26.01'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-12T15:41:26.01'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1131/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1131) of Jeffrey N. Roy relative to patient cost, benefit, and coverage information, choice, and price transparency. Financial Services.

SECTION 1. Chapter 94C of the General Laws, is hereby amended by inserting after section 21C the following new section:- Section 21D (a) for the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise: “Cost-sharing information”, the amount an enrollee is required to pay in order to receive a drug that is covered under the enrollee’s health plan. “Enrollee” a person who is receiving a health care benefit and assumes financial responsibility for outstanding costs associated with a prescription drug to treat a health condition for themself or a dependent member of their household. ''Health care benefit'', a full or partial payment for health care services or the right under a contract or a certificate or policy of insurance to have a full or partial payment made by a health plan, as defined in this section, for a specified health care service. “Health plan” any insurance company authorized to provide health insurance in this state or any legal entity which is self-insured and providing health care benefits to its employees. “Interoperability element”, hardware, software, integrated technologies or related licenses, technical information, privileges, rights, intellectual property, upgrades, or services that may be necessary to provide the data set forth in subsection (b)(3) in the requested format and consistent with subsection(b)(1). “Patient” the enrollee or dependent family member of the enrollee who is treated by a prescribing physician. “Personal Representative” a person, who has been identified by the enrollee or by the commonwealth on behalf of the enrollee, to assist with decision making during their medical appointment, such as: a child accompanying an elderly parent, a healthcare proxy, a parent of a minor child, or a spouse. “Pharmacy benefit manager” (a) For the purposes of this section, the term ''pharmacy benefit manager'' shall mean any person or entity that administers the (i) prescription drug, prescription device or pharmacist services or (ii) prescription drug and device and pharmacist services portion of a health benefit plan on behalf of plan sponsors, including, but not limited to, self-insured employers, insurance companies and labor unions. A health benefit plan that does not contract with a pharmacy benefit manager shall be considered a pharmacy benefit manager for the purposes of this section, unless specifically exempted. “Prescribing practitioner” a physician, nurse practitioner, or physician’s assistant who writes a prescription for a patient during the course of care for a medical condition. (b) any health plan or pharmacy benefit manager shall, upon request of the patient, enrollee, their prescribing practitioner, or their personal representative, furnish the cost, benefit, and coverage data set forth in subsection (3) to the enrollee, their prescribing practitioner, or their personal representative and shall ensure that such cost, benefit, and coverage data is (i) current as of one business day after any change is made; (ii) provided in real time; and (iii) in the same format that the request is made by the enrollee or their prescribing practitioner. (1) the format of the request shall use established industry content and transport standards published by: (i) a standards developing organization accredited by the American National Standards Institute, included but not limited to, the National Council for Prescription Drug Programs, ASC X12, Health Level 7; or (ii) a relevant federal or state agency or government body, included but not limited to the Center for Medicare & Medicaid Services or the Office of the National Coordinator for Health Information Technology, The Commonwealth of Massachusetts Department of Public Health, Division of Insurance, Health Policy Commission, or Center for Health Information and Analysis. (2) a facsimile, proprietary payor or patient portal, or other electronic form other than as required by section (b) shall not be considered acceptable electronic formats pursuant to this section. (3) upon such request, the following data shall be provided for any prescription drug covered under the enrollee’s health plan: (i) the patient’s current eligibility information for such prescription drug; (ii) a list of any clinically-appropriate alternatives to such prescription drug covered under the enrollee’s current health plan: (iii) cost-sharing information for such prescription drug and such clinically-appropriate alternatives, including a description of any variance in cost-sharing based on pharmacy, whether retail or mail order, or health care provider dispensing or administering such prescription drug or such alternatives; (iv) any applicable utilization management requirements for such prescription drug or such clinically-appropriate alternatives, including prior authorization, step therapy, quantity limits, and site-of-service restrictions (4) any health plan or pharmacy benefit manager shall furnish the data set forth in subsection (b)(3), whether the request is made using the prescription drug’s unique billing code, such as a National Drug Code or Healthcare Common Procedure Coding System code or descriptive term, such as the brand or generic name of the prescription drug. (i) a health plan or pharmacy benefit manager shall not deny or delay a request as a method of blocking the data set forth in subsection (b)(3) from being shared based on how the drug was requested. (c) any health plan or pharmacy benefit manager furnishing the data set forth in subsection (b)(3), shall not: (1) restrict, prohibit, or otherwise hinder, in any way, a prescribing practitioner or health care professional from communicating or sharing: (i) any of the data set forth in subsection (b)(3); (ii) additional information on any lower-cost or clinically-appropriate alternatives, whether or not they are covered under the enrollee’s plan; or (iii) additional payment or cost-sharing information that may reduce the patient’s out-of-pocket costs, such as cash price or patient assistance and support programs whether sponsored by a manufacturer, foundation, or other entity; (2) except as may be required by law, interfere with, prevent, or materially discourage access, exchange, or use of the data set forth in subsection (b)(3), which may include charging fees, not responding to a request at the time made where such a response is reasonably possible, implementing technology in nonstandard ways or instituting enrollee consent requirements, processes, policies, procedures, or renewals that are likely to substantially increase the complexity or burden of accessing, exchanging, or using such data; nor (3) penalize a prescribing practitioner or professional for disclosing such information to an enrollee or their personal representative, or for prescribing, administering, or ordering a clinically appropriate or lower-cost alternative. (4) any health plan or pharmacy benefit manager shall treat an enrollee’s identified personal representative as the enrollee for purposes of this section. (5) if under applicable law a person has authority to act on behalf of an enrollee in making decisions related to health care, a health plan or pharmacy benefit manager, or its affiliates or entities acting on its behalf, must treat such person as a personal representative under this section. (d) reimbursement for fees imposed for data access pursuant to this section may be negotiated and contracted between a health plan or pharmacy benefit manager and a prescribing provider upon mutual agreement

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An Act to protect consumers in the issuance of automobile insurance policies and bonds

H1132

HD1782

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:32:09.32'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:32:09.32'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1132/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1132) of Jeffrey N. Roy for legislation to provide information to consumers in the issuance of automobile insurance policies and bonds. Financial Services.

SECTION 1: Section 113A of Chapter 175 of the General Laws is hereby amended by adding the following paragraph as the first paragraph in the section:- No motor vehicle liability policy, as defined in Section thirty-four of chapter 90 shall be issued or delivered in the commonwealth unless the content of said policy addressing coverage which is either compulsory in the commonwealth or is optional but must be offered for sale to a policyholder, conforms to a standardized uniform policy text approved by the commissioner. SECTION 2: Section 113A of Chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out in like 1 through 14 and inserting in place thereof the following:- No motor vehicle liability policy as defined in section thirty-four of chapter 90 shall be issued or delivered in the commonwealth, or changed in any coverage, condition or definition in such policy unless it is approved by the commissioner after public notice and hearing in accordance with the procedure established for the promulgation of regulations pursuant to section two of chapter thirty A, and after notice of the proposed change has been given to the financial services committee of the General Court which notice shall be no later than twenty-one days before the public hearing; nor if the commissioner notifies the company in writing that in his opinion the form of said policy does not comply with the laws of the commonwealth, specifying his reasons thereof, provided that he shall notify the company in writing of his approval or disapproval thereof, and provided further, that such action of the commissioner shall be subject to review by the Supreme Judicial Court; nor if it contains any exceptions or exclusions as to specified accidents or injuries or causes thereof; nor unless it contains in substance the following provisions:- SECTION 3: Section 1 and 2 of this act shall apply to all motor vehicle liability policies issued on or after the effective date of this act.

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An Act relative to primary insurance

H1133

HD1784

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:13:47.8'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:13:47.8'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-14T11:35:52.1466667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-15T18:17:14.2133333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-22T14:11:04.39'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-21T09:31:17.8033333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-21T09:31:17.8033333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-31T10:55:14.8566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1133/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1133) of Jeffrey N. Roy and others relative to primary insurance in the leasing of motor vehicles or trailers under the ''drive-it-yourself'' system, so-called. Financial Services.

SECTION 1. Chapter 90, section 32C is amended by striking the first paragraph and replacing it with the following:- No person engaged in the business of leasing motor vehicles or trailers under the ''drive-it-yourself'' system, so called, or any similar system including rentals based on daily, week, hourly or monthly rental rates , wherein the amount of the rental is determinable in whole or in part by the distance such motor vehicles or trailers travel, shall lease any such vehicle whereto is attached a hubodometer or other mechanical device for the purpose of registering the distance that such vehicle travels which does not register such distance with substantial accuracy, nor shall any such person, herein and in the following three sections called the lessor, knowingly deceive any lessee of any such vehicle under any such system, herein and in the following three sections called the lessee, as to the distance which such vehicle has traveled under the lease, or make or collect a charge for the use thereof based wholly or in part on such deception, or lease any such vehicle for operation on any public way by any person whom he knows or has reason to believe to be under the influence of intoxicating liquor or of any drug. No lessor shall lease any motor vehicle or trailer until the lessee shows that he or his authorized operator is the holder of a duly issued license to operate the type of motor vehicle or trailer which is being leased. SECTION 2. Section 32E is amended by striking the title and replacing it with the following:- Section 32E: Leasing motor vehicles on mileage basis; operation of vehicles or use of trailers; insurance coverage; vehicles leased on daily, weekly, hourly or monthly rental rate Section 32E is further amended by adding at the end thereof the following paragraph:- Notwithstanding anything to the contrary contained in this chapter, the liability insurance policy or self-insurance available to the lessee or operator of the leased vehicle shall be primary as to any motor vehicle liability policy, bond or deposit maintained by the lessor and will serve to satisfy the minimum financial responsibility requirements imposed on owners or registrants of vehicles under this section and under chapter ninety, sections thirty-four A through thirty-four R for the liability in the use or operation of the leased vehicle by persons with the express or implied consent of the lessor. If the operator is a different person than the renter, the operator’s liability insurance policy or self-insurance would be primary before the renter’s liability insurance or self-insurance. If the operator does not have a liability insurance policy or self-insurance available, primacy would default to the renter’s liability insurance or self-insurance. Any provision contained in a liability policy or self-insurance available to the lessee or operator of the leased vehicle contrary to the provisions herein shall be of no effect. SECTION 3. Section 32M is further amended by adding the following words after “section thirty-four A” the following words:- and thirty-four E,

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An Act relative to testing for Factor V Leiden

H1134

HD2688

{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T15:37:27.107'}

[{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T15:37:27.1066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1134/DocumentHistoryActions

Bill

By Representative Ryan of Boston, a petition (accompanied by bill, House, No. 1134) of Daniel J. Ryan relative to testing for Factor V Leiden. Financial Services.

SECTION 1. Section 47W of Chapter 175, as appearing in the 2016 Official Edition, is hereby amended by adding at the end of subsection (a), the following new clause:- Notwithstanding any general or special law to the contrary before anyone is able to be prescribed any pharmacological contraceptive methods a blood test to screen for Factor V Leiden (FVL) shall be performed

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An Act to help patients and reduce health care costs by ensuring patient adherence to medications

H1135

HD2819

{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:05:07.65'}

[{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:05:07.65'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-09T15:18:59.1433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1135/DocumentHistoryActions

Bill

By Representative Ryan of Boston, a petition (accompanied by bill, House, No. 1135) of Daniel J. Ryan relative to further regulating individual or group health insurance policies providing prescription drug coverage. Financial Services.

SECTION 1. An individual or group health insurance policy providing prescription drug coverage in the state must permit and apply a pro-rated daily cost-sharing rate to prescriptions that are dispensed by a network pharmacy for a partial supply if the prescriber or pharmacist determines the fill or refill to be in the best interest of the patient and the patient requests or agrees to a partial supply for the purpose of synchronizing the patient’s medications. No individual or group health insurance policy providing prescription drug coverage shall deny coverage for the dispensing of a medication that is dispensed by a network pharmacy on the basis that the dispensing is for a partial supply if the prescriber or pharmacist determines the fill or refill to be in the best interest of the patient and the patient requests or agrees to a partial supply for the purpose of synchronizing the patient’s medications. The individual or group health plan must allow a pharmacy to override any denial codes indicating that a prescription is being refilled too soon for the purposes of medication synchronization. No individual or group health insurance policy providing prescription drug coverage shall use payment structures incorporating pro-rated dispensing fees. Dispensing fees for partially filled or refilled prescriptions shall be paid in full for each prescription dispensed, regardless of any pro-rated copay for the beneficiary or fee paid for alignment services.

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An Act promoting consumer choice in health care

H1136

HD2838

{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:06:35.047'}

[{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:06:35.0633333'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-03-03T10:50:32.7233333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-03-03T10:50:32.7233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-03-15T16:02:27.6933333'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-03-21T10:03:51.0433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-07T14:12:48.5733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1136/DocumentHistoryActions

Bill

By Representative Ryan of Boston, a petition (accompanied by bill, House, No. 1136) of Daniel J. Ryan, Michael J. Finn and Gerard J. Cassidy for legislation to require insurance companies to reimburse licensed athletic trainers for certain services. Financial Services.

Chapter 175 of the General Laws is hereby amended by adding at the end of said Chapter the following section: SECTION__A licensed athletic trainer, acting with a referral from a physician, who acts within the scope of practice authorized by law shall not be denied reimbursement by the health insurer for those covered services if the health insurer would reimburse another health care provider for those services. This Section pertains only to those health plans that provide coverage for a particular type of health service, or for any particular medical condition that is within the scope of practice of licensed athletic trainers. Services provided by licensed athletic trainers may be subject to reasonable deductibles, co-payment and co-insurance amounts, fee or benefit limits, practice parameters, and utilization review consistent with applicable rules adopted by the Division of Insurance; provided that the amounts, limits, and review shall not function to direct treatment in a manner unfairly discriminative against athletic trainer care, and collectively shall be no more restrictive than those applicable under the same policy for care or services provided by other health care providers. Nothing in this Section shall be construed as impeding or preventing either the provision or coverage of health care services by licensed athletic trainers within the lawful scope of athletic trainer practice. As used in this section, “health insurance plan” means an individual or group health insurance policy, a hospital or medical service corporation or health maintenance organization subscriber contract, or another health benefit plan offered, issued, or renewed for a person by a health insurer. The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage.

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An Act ensuring access to full spectrum pregnancy care

H1137

HD1582

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T15:52:15.857'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T15:52:15.8566667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T15:53:27.0466667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T11:51:33.4766667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T13:24:45.85'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-26T15:35:51.79'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-03T09:06:40.6733333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-02-13T11:12:57.0766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:28:43.91'}, {'Id': 'CAD1', 'Name': 'Carol A. 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Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-06-30T16:03:55.04'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-05-10T14:43:32.1633333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T15:01:52.16'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-27T17:10:50.2966667'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-24T11:27:41.7833333'}, {'Id': 'JKH1', 'Name': 'James K. 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Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T13:15:10.6366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:18:44.7666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:28:52.2033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T14:17:57.4033333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-26T14:16:13.3766667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T14:09:32.6366667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T10:53:52.99'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:00:37.1633333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T00:24:57.7233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T12:56:33.3633333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-15T21:46:04.99'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-04-21T16:45:42.1766667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-09T12:49:20.9066667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-15T14:04:06.4933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T15:57:52.73'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-04-03T16:58:33.85'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T13:24:25.0033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-15T09:49:29.7266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-04-05T11:53:17.1133333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-30T16:09:59.1733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T08:59:23.67'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T08:47:32.5966667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:24:05.4666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-23T14:01:42.0033333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-05-15T06:56:17.2033333'}]

{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T15:52:15.857'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1137/DocumentHistoryActions

Bill

By Representatives Sabadosa of Northampton and Balser of Newton, a petition (accompanied by bill, House, No. 1137) of Lindsay N. Sabadosa, Ruth B. Balser and others relative to access to full spectrum pregnancy care. Financial Services.

SECTION 1. Section 17C of chapter 32A of the General Laws, as most recently amended by section 8 of chapter 127 of the acts of 2022, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:- Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage. SECTION 2. Said section 17C of said chapter 32A, as most recently amended by section 8 of chapter 127, is hereby further amended by adding the following sentence:- The commission shall ensure plan compliance with this section. SECTION 3. Section 10A of chapter 118E of the General Laws, as most recently amended by section 19 of chapter 127 of the acts of 2022, is hereby amended by adding the following paragraphs:- Nothing in this section shall be construed to deny or restrict the division’s authority to ensure 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 are in compliance with this chapter. The division shall ensure plan compliance with this chapter. SECTION 4. Section 47F of chapter 175 of the General Laws, as most recently amended by section 22 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage. SECTION 5. Said section 47F of said chapter 175, as recently amended by section 22 of chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:- The commissioner shall ensure plan compliance with this section. SECTION 6. Section 8H of chapter 176A of the General Laws, as most recently amended by section 26 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage. SECTION 7. Said section 8H of said chapter 176A, as most recently amended by section 26 of chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:- The commissioner shall ensure plan compliance with this section. SECTION 8. Section 4H of chapter 176B of the General Laws, as most recently amended by section 29 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage. SECTION 9. Said section 4H of said chapter 176B, as most recently amended by section 29 of chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:- The commissioner shall ensure plan compliance with this section. SECTION 10. Section 4I of chapter 176G of the General Laws, as most recently amended by section 31 of chapter 127 of the acts of 2022, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:- Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage. SECTION 11. Said section 4I of said chapter 176G, as most recently amended by section 31 of chapter 127 of the acts of 2022, is hereby amended by adding the following sentence:- The commissioner shall ensure plan compliance with this section. SECTION 12. Sections 1 to 11, inclusive, shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B and 176G of the General Laws that are delivered, issued or renewed 6 months from the effective date of this act.

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An Act relative to protecting reproductive destiny

H1138

HD2387

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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T12:44:37.59'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T12:45:11.0366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-24T14:08:40.9666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:17:40.16'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-02T16:56:11.6566667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T19:07:37.7366667'}]

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T12:44:37.59'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1138/DocumentHistoryActions

Bill

By Representatives Sabadosa of Northampton and Higgins of Leominster, a petition (accompanied by bill, House, No. 1138) of Lindsay N. Sabadosa, Natalie M. Higgins and others relative to health insurance coverage for voluntary female sterilization. Financial Services.

SECTION 1. Section 12W of said chapter 112, as so appearing, is hereby amended by inserting after the first paragraph the following:- Whenever any physician has reason to believe a person eighteen years or over is unable to give informed consent, including when a person is in a state institution or under guardianship under chapter 190B of the General Laws, no such sterilization shall be performed. SECTION 2: Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting at the end of Section 10N the following new Section:- Section 10O. Expanded Medicaid Coverage for Voluntary Female Sterilization (1) For purposes of this section, the following words shall have the following meanings: “Decision Counseling”, a counseling model for providers to ensure patients are fully informed about the effects and permanency of sterilization. ''Informed written consent'', a written consent form for the requested provision of voluntary female sterilization. “Voluntary Female Sterilization”, any medical procedure, treatment, or operation for the purpose of rendering an individual permanently incapable of reproducing performed at the request of the individual. (2) Coverage of Voluntary Female Sterilization Services: 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 voluntary female sterilization even in the event that an individual covered by a Medicaid managed care organization or primary care clinician plan has not fulfilled the federally required 30-day waiting period provided that the individual has completed Decision Counseling and signed an informed written consent.

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An Act relative to insurance coverage for doula services

H1139

HD2467

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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T13:23:21.2'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1139/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton and Senator Miranda, a joint petition (accompanied by bill, House, No. 1139) of Lindsay N. Sabadosa, Liz Miranda and others relative to insurance coverage for doula services. Financial Services.

SECTION 1: Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:- Section 10-O: Medicaid Coverage for Doula Services. (A) For purposes of this section, the term “doula services” shall have the following meaning: “Doula Services” are physical, emotional, and informational support, but not medical care, provided by trained doulas to individuals and families during and after pregnancy, labor, childbirth, miscarriage, stillbirth or pregnancy loss. Doula services include but are not limited to: (1) continuous labor support; (2) prenatal, postpartum, and bereavement home or in-person visits throughout the perinatal period, lasting until 1 year after birth, pregnancy loss, stillbirth, or miscarriage; (3) accompanying pregnant individuals to health care and social services appointments; (4) providing support to individuals for loss of pregnancy or infant from conception through one year postpartum; (5) connecting individuals to community-based and state- and federally-funded resources, including those which address social determinants of health; (6) making oneself available (being on-call) around the time of birth or loss as well as providing support for any concerns of pregnant individuals throughout pregnancy and until one year after birth, pregnancy loss, stillbirth, or miscarriage. (7) providing support for other individuals providing care for a birthing parent, including a birthing parent’s partner and family members. (B) Coverage of Doula Services: (1) The Division shall provide coverage of doula services to pregnant individuals and postpartum individuals up to 12 months following the end of the pregnancy who are eligible for medical assistance under this chapter and/or through Title XIX or Title XXI of the Social Security Act. The Division shall provide the same coverage of doula services to pregnant and postpartum individuals who are not otherwise eligible for medical assistance under this chapter or Titles XIX or XXI of the Social Security Act solely because of their immigration status. (2) The Division must cover continuous support through labor and childbirth, and at least up to six doula visits across the prenatal and one year postpartum period, including at least two postpartum visits, without the need for prior authorization. The Division must also establish a procedure to cover additional doula visits as needed. (C) Creation of Doula Advisory Committee: There is hereby created a Doula Advisory Committee. (1) The committee shall consist of 10-12 members to be appointed by the commissioner of public health, or designee. (a) All but 2 of the members must be practicing doulas from the community; the remaining 2 members must be individuals from the community who have experienced pregnancy as a MassHealth member and are not practicing doulas. (b) Among the members described in (a) above: (i) at least 1 member must be a person who identifies as belonging to the LGBTQIA+ community; (iii) at least 1 member must be a person who has experienced a severe maternal morbidity, a perinatal mental health or mood disorder, or a near-death experience while pregnant or in maternity care; (iv) at least 1 member must be a person who identifies as a person with disabilities or disabled person; (c) The members of the committee shall represent a diverse range of experience levels- from doulas new to the practice to more experienced doulas. (d) The members of the committee shall be from areas within the Commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s most current perinatal data available at the time the member is appointed. (e) The members of the committee shall represent an equitable geographic distribution from across the Commonwealth. (2) The committee must be convened within six months of passage of this law. (3) Of the initial appointments to the Doula Advisory Committee, half shall be appointed to a term of 2 years and half shall be appointed to a term of 18 months. Thereafter, all terms shall be 2 years. The commissioner of public health, or designee, shall fill vacancies as soon as practicable. (4) At least once every 8 weeks, the Division must meet with the Doula Advisory Committee to consult about at least the following: (a) the scope of doula services covered by MassHealth; (b) doula competencies required for reimbursement by MassHealth, and standards of proof or demonstration of those competencies; (c) the recruitment of a diverse workforce of doulas to provide services to MassHealth members; (d) the development of comprehensive and high quality continuing education and training that is free or low-cost to doulas committed to providing services to MassHealth members, as well as the development of mentorship and career growth opportunities for doulas providing services to MassHealth members; (e) the performance of any third party administrators of MassHealth’s doula coverage program, and standards and processes around billing for and prompt reimbursement of doula services; (f) establishing grievance procedures for doulas, MassHealth members, and health care providers about MassHealth’s coverage of doula services and/or the provision of doula services to MassHealth members; (g) outreach to the public and stakeholders about how to access doula care for MassHealth members, and about the availability of and advantages of doula care; (h) the evaluation and collection of data on the provision of, outcomes of, access to, and satisfaction with doula care services provided to MassHealth members; (i) maintaining a reimbursement rate for doula services that incentivizes and supports a diverse workforce representative of the communities served, and establishing a recurring timeframe to review that rate in light of inflation and changing costs of living in the commonwealth; (j) how to ensure that MassHealth’s doula reimbursement program is directed towards the goal of reducing inequities in maternal and birth outcomes among racial, ethnic, and cultural populations who reside in all areas within the commonwealth, as evidenced by the most current perinatal data supplied by the department of public health. (5) Each year, the Doula Advisory Committee must, by a majority vote of a quorum of its members, select an individual to serve as its chairperson for a one year term. The Doula Advisory Committee may replace the chairperson in the same manner mid-term. (6) The Doula Advisory Committee may, by a majority vote of a quorum of its members, reduce the frequency of meetings with MassHealth to less than once every 8 weeks. (7) The division and the Department of Public Health shall seek resources to offer reasonable compensation to members of the Doula Advisory Committee for fulfilling their duties, and must reimburse members for actual and necessary expenses incurred while fulfilling their duties. (8) The division, in partnership with the Doula Advisory Committee, shall conduct at least 1 public hearing or forum each year until three years after passage of this law. The purposes of these hearings or forums shall be to gather feedback from the public and to inform the public about MassHealth’s coverage of doula care. SECTION 2. Chapter 32A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 27 the following section: Section 28. (a) Any coverage offered by the commission to any active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for all doula services as defined in Section XX. (b) Nothing in this section shall be construed to deny or restrict in any way the group insurance commission’s authority to ensure plan compliance with this chapter. SECTION 3. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 10I the following section: 10J (a) 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 all doula services as defined in Section XX. (b) Nothing in this section shall be construed to deny or restrict in any way the group insurance commission’s authority to ensure plan compliance with this chapter. SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 47W(c) the following: (d) An individual policy of accident and sickness insurance issued pursuant to section 108 that provides hospital expense and surgical expense and any group blanket policy of accident and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the Commonwealth, (hereinafter “policy”) shall provide benefits for residents of the Commonwealth and all group members having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX. (e) Nothing in this section shall be construed to deny or restrict in any way the division of insurance’s authority to ensure compliance with this chapter. SECTION 5. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8W(c) the following: (d) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within or without the Commonwealth and that provides benefits for outpatient services shall provide to all individual subscribers and members within the Commonwealth and to all group members having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX. (e) Nothing in this section shall be construed to deny or restrict in any way the division of insurance’s authority to ensure compliance with this chapter. SECTION 6. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4W(c) the following: (d) Any subscription certificate under an individual or group medical service agreement that is delivered, issued or renewed within or without the Commonwealth and that provides benefits for outpatient services shall provide to all individual subscribers and members within the Commonwealth and to all group members having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX. (e) Nothing in this subsection shall be construed to deny or restrict in any way the division of insurance’s authority to ensure medical service agreement compliance with this chapter. SECTION 7. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4O(c) the following: (d) Any individual or group health maintenance contract that is issued, renewed or delivered within or without the Commonwealth and that provides benefits for outpatient prescription drugs or devices shall provide to residents of the Commonwealth and to persons having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX. (e) Nothing in this subsection shall be construed to deny or restrict in any way the division of insurance’s authority to ensure health maintenance contract compliance with this chapter. SECTION 8. Sections 1 through 6 of this act shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, chapter 118E, chapter 175, chapter 176A, chapter 176B, and chapter 176G which are delivered, issued or renewed on or after September 1, 2024. SECTION 9. Chapter 29 of the Massachusetts General Laws is hereby amended by inserting after section 2QQQQQ the following section:- Section 2RRRRR. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Doula Workforce Development Trust Fund, hereinafter called the fund. The fund shall be administered by the department of career services which shall contract with the Commonwealth Corporation to administer the fund. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources; and other gifts, grants and donations for the growth, training and continuous support of the doula workforce. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. (b) The Commonwealth Corporation shall make expenditures from the fund for the purposes of: (i) the development and expansion of comprehensive doula training available across the commonwealth. including the development of doula training focused on meeting the needs of MassHealth members; (ii) ensuring that doulas committed to serving MassHealth members have access to high quality doula training at no- or low-cost to them; (iii) the recruitment and retention of doulas from communities with high concentrations of MassHealth members, as well as areas within the commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s perinatal data. (iv) expanding doula mentoring opportunities across the state, which provide new doulas the opportunity to attend births and incentivize experienced practicing doulas to take on mentees. (v) leveraging funds to secure future federal funding to support doula workforce development in the commonwealth. (c) The director of career services shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on labor and workforce development on the efforts undertaken in support of section (b) above; the number of doulas recruited and trained as a result of activities taken in support of (b) above, including but not limited to sex, gender identity, race, and ethnicity of such doulas; the amount of grants and identities of grantees awarded in support of section (b) above; and the availability of doula training at no- or low-cost to doulas committed to serving MassHealth members. SECTION 10: Chapter 111 of the General Laws is hereby amended by inserting in section 70E after “Every patient or resident of a facility shall have the right:”: (p) to have their birth doula’s continuous presence during labor and delivery. Facilities shall not place an undue burden on a patient’s doula’s access to clinical labor and delivery settings, and shall not arbitrarily exclude a patient’s doula from such settings.

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An Act relative to employment protections for medical marijuana patients

H114

HD513

{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T12:55:11.623'}

[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T12:55:11.6233333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T10:14:36.3266667'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-08-29T13:26:47.16'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H114/DocumentHistoryActions

Bill

By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 114) of Michael P. Kushmerek and Colleen M. Garry relative to employment protections for medical marijuana patients. Cannabis Policy.

SECTION 1. Subsection (g) of Section 2 of Chapter 94G of the General Laws, as so appearing in the 2016 Official Edition, is hereby amended by inserting at the end thereof the following sentence:- Notwithstanding any general or special law to the contrary, nothing in this chapter shall be construed to allow a person to discharge or cause to be discharged or to otherwise discipline or in any manner discriminate against any employee or candidate for employment for the reason that said employee or candidate for employment is a user of medical marijuana outside of the workplace.

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An Act assuring prompt access to health care

H1140

HD123

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T17:53:25.36'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T17:53:25.36'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-28T16:07:43.1733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-04T10:12:50.98'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:56:29.39'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1140/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1140) of Lindsay N. Sabadosa, Margaret R. Scarsdale and Patrick Joseph Kearney relative to reimbursements of costs for medically appropriate evaluations and management services in outpatient settings. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding at the end the following new section: Section 28: Reimbursement of costs for medically appropriate evaluation and management services in outpatient settings, including but not limited to office- and hospital-based clinics, in accordance with guidelines developed by the division of insurance, shall be part of a basic benefits package offered by the insurer or a third party and shall not require a deductible; provided, however, that deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles for these services. SECTION 2. Chapter 32B of the General Laws is hereby amended by adding at the end the following new section: Section 30: Reimbursement of costs for medically appropriate evaluation and management services in outpatient settings, including but not limited to office- and hospital-based clinics, in accordance with guidelines developed by the division of insurance, shall be part of a basic benefits package offered by the insurer or a third party and shall not require a deductible; provided, however, that deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles for these services. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting the following section:- Section 47LL: Reimbursement of costs for medically appropriate evaluation and management services in outpatient settings, including but not limited to office- and hospital-based clinics, in accordance with guidelines developed by the division of insurance, shall be part of a basic benefits package offered by the insurer or a third party and shall not require a deductible; provided, however, that deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles for these services. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting the following section:- Section 8NN: Reimbursement of costs for medically appropriate evaluation and management services in outpatient settings, including but not limited to office- and hospital-based clinics, in accordance with guidelines developed by the division of insurance, shall be part of a basic benefits package offered by the insurer or a third party and shall not require a deductible; provided, however, that deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles for these services. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting the following section:- Section 4NN: Reimbursement of costs for medically appropriate evaluation and management services in outpatient settings, including but not limited to office- and hospital-based clinics, in accordance with guidelines developed by the division of insurance, shall be part of a basic benefits package offered by the insurer or a third party and shall not require a deductible; provided, however, that a deductible shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles for these services. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting the following new section 33:- Section 33: Reimbursement of costs for medically appropriate evaluation and management services in outpatient settings, including but not limited to office- and hospital-based clinics, in accordance with guidelines developed by the division of insurance, shall be part of a basic benefits package offered by the insurer or a third party and shall not require a deductible; provided, however, that a deductible shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles for these services.

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An Act relative to dual diagnosis treatment coverage

H1141

HD3667

{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T18:59:47.357'}

[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T18:59:47.3566667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-16T07:52:37.6933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1141/DocumentHistoryActions

Bill

By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1141) of Jon Santiago and Peter Capano relative to dual diagnosis treatment healthcare coverage. Financial Services.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 17N and inserting in place thereof the following section:- Section 17N. "Acute treatment services'', 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, which provides evaluation and withdrawal management and that may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning. “Clinical stabilization services”, 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance use, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Co-occurring treatment services”, inpatient medically monitored detoxification treatment for adults or adolescents provided in an inpatient psychiatric facility or an inpatient psychiatric unit within a general hospital, licensed by the department of mental health. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary acute treatment services, medically necessary clinical stabilization services, and medically necessary co-occurring treatment services for up to a total of 14 days and shall not require preauthorization prior to obtaining such acute treatment services, clinical stabilization services, or co-occurring treatment services; provided, that the facility shall notify the carrier of both admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be in initiated on day 7; and provided further, that the commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for, without preauthorization, substance use disorder evaluations ordered pursuant to section 51 1/2 of chapter 111. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient's medical record. SECTION 2. Chapter 118E of the General Laws is hereby amended by striking out section 10H and inserting in place thereof the following section:- Section 10H. "Acute treatment services'', 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, which provides evaluation and withdrawal management and that may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning. "Clinical stabilization services'', 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance use, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Co-occurring treatment services”, inpatient medically monitored detoxification treatment for adults or adolescents provided in an inpatient psychiatric facility or an inpatient psychiatric unit within a general hospital, licensed by the department of mental health. 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 cover the cost of medically necessary acute treatment services and shall not require a preauthorization prior to obtaining treatment. 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 cover the cost of medically necessary clinical stabilization services and co-occurring treatment services for up to 14 days and shall not require preauthorization prior to obtaining clinical stabilization services and co-occurring treatment services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7; and provided further, that 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 cover, without preauthorization, substance use disorder evaluations ordered pursuant to section 51 1/2 of chapter 111. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient's medical record. SECTION 3. Chapter 175 of the General Laws is hereby amended by striking out section 47GG and inserting in place thereof the following section:- Section 47GG. "Acute treatment services'', 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, which provides evaluation and withdrawal management and that may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning. "Clinical stabilization services'', 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance use, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Co-occurring treatment services”, inpatient medically monitored detoxification treatment for adults or adolescents provided in an inpatient psychiatric facility or an inpatient psychiatric unit within a general hospital, licensed by the department of mental health. 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 medically necessary acute treatment services, medically necessary clinical stabilization services and medically necessary co-occurring treatment services for up to a total of 14 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services, or co-occurring treatment services; provided, that the facility shall notify the carrier of both admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7; provided further that any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage pursuant to section 1 of chapter 111M, shall cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51 1/2 of chapter 111. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient's medical record. SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by striking out section 8II and inserting in place thereof the following section:- Section 8II. "Acute treatment services'', 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, which provides evaluation and withdrawal management and that may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning.  "Clinical stabilization services'', 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance use, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Co-occurring treatment services”, inpatient medically monitored detoxification treatment for adults or adolescents provided in an inpatient psychiatric facility or an inpatient psychiatric unit within a general hospital, licensed by the department of mental health. 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 medically necessary acute treatment services, medically necessary clinical stabilization services, and medically necessary co-occurring treatment services for up to a total of 14 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services, or co-occurring treatment services; provided, that the facility shall notify the carrier of both admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7; provided further, 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 cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51 1/2 of chapter 111. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient's medical record. SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by striking out section 4II and inserting in place thereof the following section:- Section 4II. "Acute treatment services'', 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, which provides evaluation and withdrawal management and that may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning.  "Clinical stabilization services'', 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance use, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Co-occurring treatment services”, inpatient medically monitored detoxification treatment for adults or adolescents provided in an inpatient psychiatric facility or an inpatient psychiatric unit within a general hospital, licensed by the department of mental health. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary acute treatment services, medically necessary clinical stabilization services, and medically necessary co-occurring treatment services for up to a total of 14 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services or co-occurring treatment services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7; provided further, any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51 1/2 of chapter 111. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient's medical record. SECTION 6. Chapter 176G as so appearing, is hereby amended by striking out section 4AA and inserting in place thereof the following section:- Section 4AA. "Acute treatment services'', 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, that provides evaluation and withdrawal management and which may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning. "Clinical stabilization services'', 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance use, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Co-occurring treatment services”, inpatient medically monitored detoxification treatment for adults or adolescents provided in an inpatient psychiatric facility or an inpatient psychiatric unit within a general hospital, licensed by the department of mental health. An individual or group health maintenance contract that is issued or renewed shall provide coverage for medically necessary acute treatment services, medically necessary clinical stabilization services, and medically necessary co-occurring treatment services for up to a total of 14 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services, or co-occurring treatment services; provided, that the facility shall provide the carrier both notification of admission and the initial treatment plan within 48 hours of admission; provided further, that utilization review procedures may be initiated on day 7; provided further, an individual or group health maintenance contract that is issued or renewed shall provide coverage for, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51 1/2 of chapter 111. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient's medical record.

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An Act to prohibit cost sharing for opioid antagonists

H1142

HD3714

{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T14:56:57.9'}

[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T14:56:57.9'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1142/DocumentHistoryActions

Bill

By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1142) of Jon Santiago for legislation to prohibit cost-sharing for naloxone and other opioid antagonists. Financial Services.

SECTION 1. Said chapter 32A is hereby further amended by adding the following section:- Section 33. (a) For the purpose of this section, the following words shall have the following meaning: ''Opioid antagonists,'' naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for opioid antagonists. Opioid antagonists shall be covered with no patient cost-sharing; provided, however, that cost-sharing shall be allowed if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this service. (c) A prescription from a health care practitioner shall not be required for coverage of opioid antagonists in accordance with the statewide standing order issued under section 19B of chapter 94C. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10Q the following section:- Section 10R. (a) For the purpose of this section, the following words shall have the following meaning: ''Opioid antagonists,'' naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) 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 opioid antagonists. Opioid antagonists shall be covered with no patient cost-sharing; provided, however, that cost-sharing shall be allowed if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this service. (c) A prescription from a health care practitioner shall not be required for coverage of opioid antagonists in accordance with the statewide standing order issued under section 19B of chapter 94C. SECTION 3. Said chapter 175 is hereby further amended by inserting after section 47TT, the following section:- Section 47UU. (a) For the purpose of this section, the following words shall have the following meaning: ''Opioid antagonists,'' naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) The following shall provide coverage for opioid antagonists: (i) any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; and (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued to or renewed for any person or group of persons in the commonwealth. Opioid antagonists shall be covered with no patient cost-sharing; provided, however, that cost-sharing shall be allowed if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this service. (c) A prescription from a health care practitioner shall not be required for coverage of opioid antagonists in accordance with the statewide standing order issued under section 19B of chapter 94C. SECTION 4. Said chapter 176A is hereby further amended by inserting after section 8UU the following section:- Section 8VV. (a) For the purpose of this section, the following words shall have the following meaning: ''Opioid antagonists,'' naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) A contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for opioid antagonists. Opioid antagonists shall be covered with no patient cost-sharing; provided, however, that cost-sharing shall be allowed if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this service. (c) A prescription from a health care practitioner shall not be required for coverage of opioid antagonists in accordance with the statewide standing order issued under section 19B of chapter 94C. SECTION 5. Said chapter 176B is hereby further amended by inserting after section 4UU the following section:- Section 4VV. (a) For the purpose of this section, the following words shall have the following meaning: ''Opioid antagonists,'' naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) A subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for opioid antagonists. Opioid antagonists shall be covered with no patient cost-sharing; provided, however, that cost-sharing shall be allowed if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this service. (c) A prescription from a health care practitioner shall not be required for coverage of opioid antagonists in accordance with the statewide standing order issued under section 19B of chapter 94C. SECTION 6. Said chapter 176G is hereby further amended by inserting after section 4MM the following section:- Section 4NN. (a) For the purpose of this section, the following words shall have the following meaning: ''Opioid antagonists,'' naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. (b) An individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for opioid antagonists. Opioid antagonists shall be covered with no patient cost-sharing; provided, however, that cost-sharing shall be allowed if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this service. (c) A prescription from a health care practitioner shall not be required for coverage of opioid antagonists in accordance with the statewide standing order issued under section 19B of chapter 94C.

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An Act to improve the health insurance prior authorization process

H1143

HD3720

{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:50:29.62'}

[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:50:29.62'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T07:41:31.8266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-13T12:36:19.8866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1143/DocumentHistoryActions

Bill

By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1143) of Jon Santiago, Vanna Howard and Sal N. DiDomenico relative to the health insurance prior authorization process. Financial Services.

An Act relative to reducing administrative burden SECTION 1. Section 18 of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraphs:- Any qualifying student health insurance plan authorized under this chapter shall adopt utilization review criteria and conduct all utilization review activities under the criteria and in compliance with this section. The criteria shall be, to the maximum extent feasible, scientifically derived and evidence-based, and developed with the input of participating physicians. Utilization review criteria, including detailed preauthorization requirements and clinical review criteria, shall be applied consistently and made easily accessible and up-to-date on a website by the institutions of higher education or any entity that provides or manages health insurance benefits and to the general public in a searchable electronic format; provided, however, that the institutions of higher education or any entity that contracts to provide or manage health insurance benefits shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose the licensed, proprietary criteria relevant to particular treatments and services to students and their dependents and health care providers upon request. If the institution of higher education or an entity with which the institution of higher education contracts to provide or manage health insurance benefits intends either to implement a new preauthorization requirement or restriction or amend an existing requirement or restriction, the new or amended requirement or restriction shall not be implemented unless: (i) the appropriate website has been updated to reflect the new or amended requirement or restriction; (ii) students of the institutions of higher education who are affected, and their dependents, are notified of the changes by electronic means via email and any applicable online member portal, or for those without access to electronic means of communication, by mail; and (iii) the institutions of higher education or entity which that contracts to provide or manage health insurance benefits has processes in place to ensure continuation of any previously approved preauthorizations. The institutions of higher education or any entity that contracts to provide or manage health insurance benefits under this section shall not retrospectively deny authorization for an admission, procedure, treatment, service, or course of medication when an authorization has already been approved for that service unless the approval was based upon fraudulent information material to the review. SECTION 2. Chapter 26 of the General Laws, as most recently amended by section 23 of chapter 177 of the acts of 2022, is hereby amended by inserting after section 8M the following section:- 8N. (a) All carriers licensed under chapters 175, 176A, 176B and 176G that provide medical or prescription drug benefits subject to utilization review consistent with section 12 of chapter 176O, or any other entity that manages or administers such benefits for the carrier, including a utilization review organization as defined in section 1 of said chapter 176O, shall report annually, not later than July 1, to the division, in a format prescribed by the division: (i) a list of all admission, items, services, treatments, procedures, and medications that require prior authorization; (ii) the number and percentage of standard prior authorization requests that were approved, individualized for each admission, item, service, treatment, procedure, and medication; (iii) the number and percentage of standard prior authorization requests that were denied, individualized for each admission, item, service, treatment, procedure, and medication; (iv) the number and percentage of standard prior authorization requests that were initially denied and approved after appeal, individualized for each admission, item, service, treatment, procedure, and medication; (v) the number and percentage of prior authorization requests for which the timeframe for review was extended, and the request was approved, individualized for each admission, item, service, treatment, procedure, and medication; (vi) the number and percentage of expedited prior authorization requests that were approved, individualized for each admission, item, service, treatment, procedure, and medication; (vii) the number and percentage of expedited prior authorization requests that were denied, individualized for each admission, item, service, treatment, procedure, and medication; (viii) the average and median time that elapsed between the submission of a request and a determination by the payer, plan, or issuer, for standard prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication; and (ix) the average and median time that elapsed between the submission of a request and a decision by the payer, plan or issuer, for expedited prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication; (x) the average and median time that elapsed to process an appeal submitted by a health care provider initially denied by the payer, plan, or issuer, for standard prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication; and (xi) the average and median time that elapsed to process an appeal submitted by a health care provider initially denied by the payer, plan or issuer, for expedited prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication. (b) Annually, not later than December 1, the commissioner shall submit a summary of the reports, including all data submitted, that the commissioner receives from each carrier, or any other entity that manages or administers such benefits for the carrier, under subsection (a) to the clerks of the senate and house of representatives, the joint committee on health care financing, the center for health information and analysis, and the health policy commission. The commissioner shall make publicly available, through its website or alternative means, the submitted data, including a listing of all items, services, treatments, procedures, or medications subject to prior authorization by each individual carrier. The commissioner shall direct each carrier to make said data available through the carrier’s website. (c) The division shall promulgate rules and regulations necessary to implement this section. SECTION 3. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4B the following section:- Section 4C. The commission or an entity with which the commission contracts to provide or manage health insurance benefits, shall adopt utilization review criteria and conduct all utilization review activities under the criteria and in compliance with this section. The criteria shall be, to the maximum extent feasible, scientifically derived and evidence-based, and developed with the input of participating physicians. Utilization review criteria, including detailed preauthorization requirements and clinical review criteria, shall be applied consistently and made easily accessible and up-to-date on a website by the commission or any entity with which the commission contracts to provide or manages health insurance benefits and to the general public in a searchable electronic format; provided, however, that the commission or an entity with which the commission contracts to provide or manage health insurance benefits shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose such licensed, proprietary criteria relevant to particular treatments and services to active or retired employees of the commonwealth and their dependents and health care providers upon request. If the commission or an entity with which the commission contracts to provide or manage health insurance benefits intends either to implement a new preauthorization requirement or restriction or amend an existing requirement or restriction, the new or amended requirement or restriction shall not be implemented unless: (i) the appropriate website has been updated to reflect the new or amended requirement or restriction; (ii) active or retired employees of the commonwealth and their dependents who are affected are notified of the changes by electronic means via email and any applicable online member portal, or for those without access to electronic means of communication, by mail; and (iii) the commission or an entity with which the commission contracts to provide or manage health insurance benefits has processes in place to ensure continuation of any previously approved preauthorizations. The commission or an entity with which the commission contracts to provide or manage health insurance benefits shall not retrospectively deny authorization for an admission, procedure, treatment, service, or course of medication when an authorization has already been approved for that service unless the approval was based upon fraudulent information material to the review. SECTION 4. Section 24B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraphs:- A carrier, as defined in section 1 of chapter 176O, shall be required to pay for health care services ordered by the treating health care provider if: (1) the services are a covered benefit under the insured’s health benefit plan; and (2) the services follow the carrier’s clinical review criteria; provided, however, that a claim for treatment of medically necessary services may not be denied if the treating health care provider follows the carrier’s approved method for securing authorization for a covered service for the insured at the time the service was provided. A carrier shall not deny payment for a claim for medically necessary covered services on the basis of an administrative or technical defect in the claim except in the case where the carrier has a reasonable basis, supported by specific information available for review, that the claim for health care services rendered was submitted fraudulently. A carrier shall have no more than 1 year after the original payment was received by the health care provider to recoup a full or partial payment for a claim for services rendered, or to adjust a subsequent payment to reflect a recoupment of a full or partial payment. Claims may not be recouped for utilization review purposes if the services were already deemed medically necessary or the manner in which the services were accessed or provided were previously approved by the carrier or its contractor. SECTION 5. Subsection (a) of section 12 of chapter 176O of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- A carrier or utilization review organization shall adopt utilization review criteria and conduct all utilization review activities under the criteria and in compliance with this section. The criteria shall be, to the maximum extent feasible, scientifically derived and evidence-based, and developed with the input of participating physicians, consistent with the development of medical necessity criteria under section 16. Utilization review criteria, including detailed preauthorization requirements and clinical review criteria, shall be applied consistently by a carrier or a utilization review organization and made easily accessible and up-to-date on a carrier or utilization review organization's website and to the general public in a searchable electronic format; provided, however, that a carrier shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose such licensed, proprietary criteria relevant to particular treatments and services to insureds, prospective insureds and health care providers upon request. If a carrier or utilization review organization intends either to implement a new preauthorization requirement or restriction or amend an existing requirement or restriction, the carrier or utilization review organization shall ensure that the new or amended requirement or restriction shall not be implemented unless: (i) the carrier's or utilization review organization's website has been updated to reflect the new or amended requirement or restriction; (ii) insureds who are affected are notified of the changes by electronic means via email and any applicable online member portal, or for those without access to electronic means of communication, by mail; and (iii) the carrier or utilization review organization has processes in place to ensure continuation of any previously approved preauthorizations. SECTION 6. Said subsection (a) of said section 12 of said chapter 176O, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraphs:- A carrier or utilization review organization shall not retrospectively deny authorization for an admission, procedure, treatment, service, or course of medication when an authorization has already been approved for that service unless the approval was based upon fraudulent information material to the review. A carrier or utilization review organization shall accept and respond to utilization review requests made through secure electronic transmissions, using the mandated standards for prior authorization adopted under the federal Health Insurance Portability and Accountability Act standard electronic transactions for pharmacy and medical services benefits or standards compatible therewith. A carrier or utilization review organization shall adopt and implement an HL7 Fast Healthcare Interoperability Resources Application Programming Interface that would work in combination with or is compatible with the adopted Health Insurance Portability and Accountability Act transaction standard to conduct the prior authorization process, including the National Council for Prescription Drug Programs Telecommunication Standard Implementation Guide Version D.0 for retail pharmacy drugs and the ASC X12N 278 Health Care Service Review Request for Review and Response transactions for medical services benefits. SECTION 7. Subsection (b) of said section 12 of said chapter 176O of the General Laws, as so appearing, is hereby amended by inserting after the word “information”, in line 38, the following words:- ; provided, however, that if additional delay would result in significant risk to the enrollee’s health or well-being, a carrier or a utilization review organization shall respond not more than 24 hours following the receipt of all necessary information. SECTION 8. Said section 12 of said chapter 176O, as so appearing, is further amended by adding after subsection (f) the following subsections:- (g) For an insured member who is stable on a treatment, service or course of medication as determined by a health care provider and approved for coverage by a previous carrier or health benefit plan, a carrier or utilization review organization shall not restrict coverage of such treatment, service, or course of medication for at least 90 days upon the insured member’s enrollment. (h) Preauthorization approval for a prescribed treatment, service, or course of medication shall be valid for the duration of a prescribed or ordered course of treatment, or at least 1 year. SECTION 9. Section 25 of said chapter 176O, as so appearing, is hereby amended by striking subsection (e) and inserting in place thereof the following subsection:- (e) The division, in developing the forms, shall: (1) ensure that the forms are consistent with existing prior authorization forms established by the federal Centers for Medicare and Medicaid Services; and (2) consider other national standards pertaining to electronic prior authorization. SECTION 10. (a) Notwithstanding any general or special law to the contrary, the health policy commission, in collaboration with the center for health information and analysis and the division of insurance, shall conduct an analysis of and issue a report on the use of utilization management tools, including prior authorization, and the effect on patient access to care, administrative burden on health care providers, and system cost. In developing the report, the commission shall consult with members of the Massachusetts Collaborative, the executive office of health and human services, health care providers and payers, and other health care experts as appropriate. (b) The report shall include, but not be limited to: (i) a review and analysis of the prior authorization data collected by the division of insurance under section 8N of chapter 26 of the General Laws; (ii) total health care expenditures associated with the submission and processing, including appeals, of prior authorization determinations; (iii) an analysis of the impact of prior authorization requirements on patient access to and cost of care by patient demographics, geographic region and type of service; (iv) identification of admissions, items, services, treatments, procedures, and medications subject to prior authorization that have low variation in utilization across providers and carriers or low denial rates across carriers; (v) identification of admissions, items, services, treatments, procedures, and medications subject to prior authorization for certain chronic disease services that negatively impact chronic disease management; (vi) review and analysis of the integration of standardized electronic prior authorization attachments, standardized forms, requirements and decision support into electronic health records and other practice management software to promote transparency and efficiency; and (vii) recommendations regarding the simplification of health insurance prior authorization standards and processes to improve health care access and reduce the burden on health care providers. (c) The report, along with a suggested plan to implement its recommendations in order to maximize health care access, quality of care and reduction of administrative burden on health care providers, shall be submitted to the chairs of the joint committee on health care financing, the house and senate committees on ways and means, and the commissioner of the division of insurance, not later than 1 year from the effective date of this act. SECTION 11. Notwithstanding any general or special law to the contrary, the division of insurance shall develop and implement rules, regulations, bulletins or other guidance that prohibit carriers from imposing prior authorization requirements for any generic medication or on all admissions, items, services, treatments, procedures, and medications that have: (i) low variation in utilization across health care providers; (ii) low denial rates across carriers; and (iii) an evidence-base for the treatment or management of certain chronic diseases. In developing the rules, regulations, bulletins or other guidance, the division shall rely on data submitted by the carriers and shall consult with the health policy commission, including the commission’s report and analysis relative to prior authorization required by Section 10 on this act. SECTION 12. Notwithstanding any general or special law to the contrary, the division of insurance shall develop and implement a comprehensive set of uniform prior authorization forms for different health care services and benefits, as required by section 25 of chapter 176O of the General Laws, not later than 6 months after the effective date of this act. SECTION 13. The rules and regulations required by subsection (c) of section 8N of chapter 26 of the General Laws shall be promulgated not later than 6 months after the effective date of this act. SECTION 14. Sections 1, 2, 3, 4, 5, 7, and 8 shall take effect July 1, 2024. SECTION 15. Section 6 shall take effect January 1, 2026. SECTION 16. Section 9 shall take effective immediately upon passage.

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An Act relative to specialty medications and patient safety

H1144

HD3795

{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:50:10.623'}

[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:50:10.6233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1144/DocumentHistoryActions

Bill

By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1144) of Jon Santiago relative to specialty medications and patient safety. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following new section:- Section 17S. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall not require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission may offer but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patients in their homes or the use of an infusion site external to a patient’s provider office or clinic. d) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. e) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, shall offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following new section:- Section 10O. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where Drugs, Devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are Dispensed and Compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) The division, its Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, and accountable care organizations shall not require coverage for a specialty pharmacy that dispenses a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) The division, its Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, and accountable care organizations may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patients in their homes or the use of an infusion site external to a patient’s provider office or clinic. d) The division, its Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, and accountable care organizations shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. e) The division, its Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, and accountable care organizations shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) The division, its Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, and accountable care organizations, shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, shall offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47PP the following new section:- Section 47QQ. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver.Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall not require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patient in their homes or the use of an infusion site external to a patient’s provider office or clinic. d) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. e) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8QQ the following new section:- Section 8RR. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) Any contracts, except contracts providing supplemental coverage to Medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall not require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) Any contracts, except contracts providing supplemental coverage to Medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patient in their homes or the use of an infusion site external to a patient’s provider office or clinic.. d) Any contracts, except contracts providing supplemental coverage to Medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as specialty pharmacy for the purposes of this paragraph. e) Any contracts, except contracts providing supplemental coverage to Medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) Any contracts, except contracts providing supplemental coverage to Medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4QQ the following new section:- Section 4RR. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall not require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patient in their homes or the use of an infusion site external to a patient’s provider office or clinic. d) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. e) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, , or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4II the following new section:- Section 4JJ. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) Any individual or group health maintenance contract shall not require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) Any individual or group health maintenance contract may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patient in their homes or the use of an infusion site external to a patient’s provider office or clinic. d) Any individual or group health maintenance contract shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. e) Any individual or group health maintenance contract shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) Any individual or group health maintenance contract shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 7. Chapter 176I of the General Laws is hereby amended by inserting after section 13 the following new section:- Section 14. a) The following words as used in this section shall have the following meanings: “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. b) An organization entering into a preferred provider contract shall not require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. c) An organization entering into a preferred provider contract may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patient in their homes or the use of an infusion site external to a patient’s provider office or clinic. d) An organization entering into a preferred provider contract shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. e) An organization entering into a preferred provider contract shall not require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit, or a federally controlled substance, to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. f) An organization entering into a preferred provider contract shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications. SECTION 8. Chapter 176Q of the General Laws is hereby amended in section 1 by inserting after the definition of “Rating factor”, the following definitions:- “Specialty pharmacy” means a pharmacy that is providing specialty pharmacy practice services and where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed and compounded. “Specialty pharmacy practice” means the provision of pharmacist care services, which involves drugs used to treat chronic or specific diseases and conditions that require frequent communication with other health care providers, extensive patient monitoring and case management, and comprehensive counseling with the patient and/or caregiver. Drugs dispensed by a specialty pharmacy may also require instruction and training on complex administration processes and/or handling and storage considerations. SECTION 9. Chapter 176Q of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 5 by inserting after subsection d the following 5 new subsections:- e) No health plans offered through the connector shall require a specialty pharmacy to dispense a medication directly to a patient with the intention that the patient will transport the medication to a healthcare provider for administration. f) Health plans offered through the connector may offer coverage for but shall not require the use of a home infusion pharmacy to dispense sterile intravenous drugs ordered by physicians to patient in their homes or the use of an infusion site external to a patient’s provider office or clinic. g) Health plans offered through the connector shall when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, require: i) at least 60 days’ notice to providers and patients from the insurer prior to the implementation of such a requirement; ii) a patient-specific expedited exception process for cases in which a provider certifies that it is unsafe for a patient to receive medication from a third party specialty pharmacy or to have the drug administered in the home setting; iii) same day delivery of medications; iv) 24 hour per day, 7 day per week on-call access to a pharmacist or nurse; v) provision of cold chain logistics or other ability to ensure that a drug remains at the appropriate temperature through all stages of supply and storage; vi) the provision of a medication’s pedigree to certify to the hospital pharmacy that the drug was handled appropriately through the supply chain; vii) demonstration of expertise and reliability in risk evaluation and mitigation strategy to comply with USFDA reporting requirements; viii) demonstrated accreditation from a national accreditation organization; ix) demonstrated ability to deliver medications to a health system pharmacy in a ready-to-administer dosage form and clinically appropriate dosage; and x) third-party specialty pharmacies to establish agreements with hospitals responsible for receiving and administering medications dispensed by the specialty pharmacy to ensure proper receipt, transfer, handling, and storage of the medication prior to administration. A pharmacy owned or affiliated with a hospital may serve as a specialty pharmacy for the purposes of this paragraph. h) No health plans offered through the connector shall require a medication requiring sterile compounding by health system pharmacy staff or a medication with a patient-specific dosage requirement dependent upon lab or test results on the day of the clinic visit to be distributed from a specialty pharmacy to a physician’s office, hospital or clinic for administration. i) Health plans offered through the connector shall, when requiring the distribution of patient-specific medication from a specialty pharmacy to a physician’s office, hospital or clinic for administration, offer site neutral payment for such medication to the healthcare providers administering the medication. Such payment shall include the costs for the providers to intake, store and dispose of such medications.

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An Act removing barriers to behavioral health services

H1145

HD605

{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-13T17:36:28.077'}

[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-13T17:36:28.0766667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-17T16:06:13.5133333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:12:01.3866667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T12:44:06.25'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T14:53:08.66'}]

{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-17T16:06:13.513'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1145/DocumentHistoryActions

Bill

By Representatives Scanlon of North Attleborough and Donaghue of Westborough, a petition (accompanied by bill, House, No. 1145) of Adam Scanlon, Kate Donaghue and others relative to healthcare insurance coverage for certain behavioral health services. Financial Services.

SECTION 1. Section 17S of chapter 32A of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection: - (b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community behavioral health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan not more than three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the member’s medical record. SECTION 2. Section 10O of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following new paragraph:- 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 cover the cost of medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, a community behavioral health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the member’s medical record. SECTION 3. Section 24B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph: A carrier, as defined in section 1 of chapter 176O, shall be required to pay for health care services ordered by the treating health care provider if (1) the services are a covered benefit under the insured’s health benefit plan; and (2) the services follow the carrier’s clinical review criteria. Provided however, a claim for treatment of medically necessary services may not be denied if the treating health care provider follows the carrier’s approved method for securing authorization for a covered service for the insured at the time the service was provided. A carrier shall have no more than twelve months after the original payment was received by the provider to recoup a full or partial payment for a claim for services rendered, or to adjust a subsequent payment to reflect a recoupment of a full or partial payment. However, a carrier shall not recoup payments more than ninety days after the original payment was received by a provider for services provided to an insured that the carrier deems ineligible for coverage because the insured was retroactively terminated or retroactively disenrolled for services, provided that the provider can document that it received verification of an insured’s eligibility status using the carrier's approved method for verifying eligibility at the time service was provided. Claims may also not be recouped for utilization review purposes if the services were already deemed medically necessary or the manner in which the services were accessed or provided were previously approved by the carrier or its contractor. A carrier which seeks to make an adjustment pursuant to this section shall provide the health care provider with written notice that explains in detail the reasons for the recoupment, identifies each previously paid claim for which a recoupment is sought, and provides the health care provider with thirty days to challenge the request for recoupment. Such written notice shall be made to the health provider not less than thirty days prior to the seeking of a recoupment or the making of an adjustment. SECTION 4. Section 47SS of chapter 175 of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection: - (b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for of medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, a community behavioral health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before the administration of such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 5. Section 8SS of chapter 176A of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection: - (b) A 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 medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before the administration of any such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 6. Section 4SS of chapter 176B of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection: - (b) A subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 7. Section 4KK of chapter 176G of said General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection: - (b) An individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.

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An Act providing access to full spectrum addiction treatment services

H1146

HD3737

{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-20T14:18:53.193'}

[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-20T14:18:53.1933333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T14:20:59.4633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T11:48:02.2466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T18:23:28.0366667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T07:40:27.36'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:56:02.09'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-06-27T12:50:10.59'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:25:07.4866667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-20T15:43:43.08'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:43:32.93'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:40:11.4866667'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-14T08:54:38.7466667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:41:01.1266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:02:45.52'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T21:44:26.97'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-25T11:24:09.9566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T11:48:14.2566667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-26T08:29:29.3033333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:19:34.7966667'}]

{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T14:18:53.193'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1146/DocumentHistoryActions

Bill

By Representatives Scanlon of North Attleborough and Donaghue of Westborough, a petition (accompanied by bill, House, No. 1146) of Adam Scanlon, Kate Donaghue and others relative to healthcare coverage access to full spectrum addiction treatment services. Financial Services.

SECTION 1. Section 17N of chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Clinical stabilization services” the following definition:- “Transitional support services”, short-term, residential support services, as defined by the department of public health, usually following clinical stabilization services, which provide a safe and structured environment to support adults or adolescents through the addiction recovery process and the transition to outpatient or other step-down addiction recovery care. SECTION 2. Section 17N of chapter 32A is further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- The commission shall provide for medically necessary acute treatment services, medically necessary clinical stabilization services and medically necessary transitional support services to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for up to 30 days and shall not require preauthorization prior to obtaining such acute treatment services, clinical stabilization services or transitional support services. The facility providing such services shall notify the carrier of admission and the initial treatment plan within 48 hours of admission, and within a reasonable time thereafter, shall provide the carrier with a projected discharge plan for the member. The carrier’s utilization review procedures may be initiated on day 14; provided, however, that a carrier shall not make any utilization review decisions that impose any restriction or deny any future medically necessary acute treatment, clinical stabilization or transitional support services unless a patient has received at least 30 consecutive days of said services; and, provided further, that the commission shall provide, without preauthorization, to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for substance use disorder evaluations ordered pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the treating clinician and member to offer care management and support services. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 3. Section 10H of chapter 118E of the General Laws, inserted by section 19 of chapter 258 of the acts of 2014, is hereby repealed. SECTION 4. Said chapter 118E is hereby further amended by inserting after section 10N the following section:- Section 10O. For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: “Acute treatment services”, 24-hour medically supervised addiction treatment for adults or adolescents provided in a medically managed or medically monitored inpatient facility, as defined by the department of public health, which provides evaluation and withdrawal management and that may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning. “Clinical stabilization services”, 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance abuse for individuals beginning to engage in recovery from addiction, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction. “Transitional support services”, short-term, residential support services, as defined by the department of public health, usually following clinical stabilization services, which provide a safe and structured environment to support adults or adolescents through the addiction recovery process and the transition to outpatient or other step-down addiction recovery care. 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 cover the cost of medically necessary acute treatment services and shall not require preauthorization prior to obtaining treatment. 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 cover the cost of medically necessary clinical stabilization services and medically necessary transitional support services for up to 30 days and shall not require preauthorization prior to obtaining clinical stabilization services or transitional support services. The facility providing such services shall notify the carrier of admission and the initial treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide the carrier with a projected discharge plan for the member. The carrier’s utilization review procedures may be initiated on day 14; provided, however, that a carrier shall not make any utilization review decisions that impose any restriction or deny any future medically necessary acute treatment, clinical stabilization or transitional support services unless a patient has received at least 30 consecutive days of said services; and, provided further, that 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 cover, without preauthorization, substance use disorder evaluations ordered pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the treating clinician and member to offer care management and support services. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 5. Section 47GG of chapter 175 is hereby amended by inserting after the definition of “Clinical stabilization services” the following definition:- “Transitional support services”, short-term, residential support services, as defined by the department of public health, usually following clinical stabilization services, which provide a safe and structured environment to support adults or adolescents through the addiction recovery process and the transition to outpatient or other step-down addiction recovery care. SECTION 6. Section 47GG of said chapter 175 is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- 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 medically necessary acute treatment services, medically necessary clinical stabilization services and medically necessary transitional support services for up to 30 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services or transitional support services. The facility providing such services shall provide the carrier notification of admission and the initial treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide the carrier with a projected discharge plan for the member. The carrier’s utilization review procedures may be initiated on day 14; provided, however, that a carrier shall not make any utilization review decisions that impose any restriction or deny any future medically necessary acute treatment, clinical stabilization or transitional support services unless a patient has received at least 30 consecutive days of said services; provided further, any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage pursuant to section 1 of chapter 111M, shall cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the treating clinician and member to offer care management and support services. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 7. Section 8II of chapter 176A is hereby amended by inserting after the definition of “Clinical stabilization services” the following definition:- “Transitional support services”, short-term, residential support services, as defined by the department of public health, usually following clinical stabilization services, which provide a safe and structured environment to support adults or adolescents through the addiction recovery process and the transition to outpatient or other step-down addiction recovery care. SECTION 8. Section 8II of said chapter 176A is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- 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 medically necessary acute treatment services, medically necessary clinical stabilization services and medically necessary transitional support services for up to 30 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services or transitional support services. The facility providing such services shall provide the carrier notification of admission and the initial treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide the carrier with a projected discharge plan for the member. The carrier’s utilization review procedures may be initiated on day 14; provided, however, that a carrier shall not make any utilization review decisions that impose any restriction or deny any future medically necessary acute treatment, clinical stabilization or transitional support services unless a patient has received at least 30 consecutive days of said services; provided further, 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 cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the treating clinician and member to offer care management and support services. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 9. Section 4II of chapter 176B is hereby amended by inserting after the definition of “Clinical stabilization services” the following definition:- “Transitional support services”, short-term, residential support services, as defined by the department of public health, usually following clinical stabilization services, which provide a safe and structured environment to support adults or adolescents through the addiction recovery process and the transition to outpatient or other step-down addiction recovery care. SECTION 10. Section 4II of said chapter 176B is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary acute treatment services, medically necessary clinical stabilization services and medically necessary transitional support services for up to 30 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services or transitional support services. The facility providing such services shall provide the carrier notification of admission and the initial treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide the carrier with a projected discharge plan for the member. The carrier’s utilization review procedures may be initiated on day 14; provided, however, that a carrier shall not make any utilization review decisions that impose any restriction or deny any future medically necessary acute treatment, clinical stabilization or transitional support services unless a patient has received at least 30 consecutive days of said services; provided further, any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for, without preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the treating clinician and member to offer care management and support services. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 11. Section 4AA of chapter 176G is hereby amended by inserting after the definition of “Clinical stabilization services” the following definition:- “Transitional support services”, short-term, residential support services, as defined by the department of public health, usually following clinical stabilization services, which provide a safe and structured environment to support adults or adolescents through the addiction recovery process and the transition to outpatient or other step-down addiction recovery care. SECTION 12. Said section 4AA is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- An individual or group health maintenance contract that is issued or renewed shall provide coverage for medically necessary acute treatment services, medically necessary clinical stabilization services and medically necessary transitional support services for up to 30 days and shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization services or transitional support services. The facility providing such services shall provide the carrier notification of admission and the initial treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide the carrier with a projected discharge plan for the member. The carrier’s utilization review procedures may be initiated on day 14; provided, however, that a carrier shall not make any utilization review decisions that impose any restriction or deny any future medically necessary acute treatment, clinical stabilization or transitional support services unless a patient has received at least 30 consecutive days of said services; provided further, an individual or group health maintenance contract that is issued or renewed shall provide coverage for, without preauthorization, a substance abuse evaluation ordered pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the treating clinician and member to offer care management and support services. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record. SECTION 13. The center for health information and analysis, in consultation with the division of insurance, the department of public health, the office of Medicaid and the health policy commission, shall conduct reviews on the 14 day mandated coverage of acute treatment services, clinical stabilization services and the long-term effects of the increase in covered days from 14 days to 30 days related to the mandated benefits for acute treatment services, clinical stabilization services and transitional support services on the following areas: (i) the continuum of care for substance use disorder treatment; (ii) access to the continuum of care for patients eligible for MassHealth and department of public health programs; (iii) access to the continuum of care for commercially insured patients; and (iv) any changes in costs to MassHealth, the department of public health and health insurance carriers. The center shall provide an initial report not later than October 1, 2024 on the effects of the 14 day mandated coverage of acute treatment services and clinical stabilization services to the areas listed above and a final report not later than October 1, 2026 on the effects of the 30 day mandated coverage of acute treatment services, clinical stabilization services and transitional support services to the areas listed above. The initial report and final report shall be posted on the center’s website and shall be filed with the clerks of the house of representatives and senate, the house and senate chairs of the committee on financial services, the house and senate chairs of the committee on health care financing, the house and senate chairs of the committee on public health and the house and senate committees on ways and means not later than October 1, 2024 and October 1, 2026, respectively. SECTION 14. Sections 1 through 12, inclusive, shall take effect October 1, 2024.

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An Act ensuring access to specialty medications

H1147

HD2156

{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-19T11:01:48.747'}

[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-19T11:01:48.7466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-31T17:51:30.5666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-29T16:40:33.2133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:00:25.4466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1147/DocumentHistoryActions

Bill

By Representative Sena of Acton, a petition (accompanied by bill, House, No. 1147) of Danillo A. Sena and Paul McMurtry relative to access to specialty medications. Financial Services.

Specialty medications are one of the fastest growing categories of drugs in today’s heath care environment. These drugs are usually developed by the biotechnology industry and are prescribed for patients with severe diseases such as Hepatitis C, Cystic fibrosis and cancer. These drugs are also often prescribed for patients with rare diseases who generally have no alternatives to getting these therapies for their condition. Patient generally need these medicines immediately and insurance companies and their Pharmacy Benefit Management (PBM) partners usually require extensive administrative work by prescribers or others on the patient’s care prior to ordering these therapies. This delays treatment and frustrates many physicians who feel they are forced to spend excessive time dealing with paperwork and less time treating patients.(1) Further, many insurance plans require patients to use PBM-owned specialty pharmacies that provide these drugs via mail, delaying treatment even further. The primary reason is to allow the PBM to capture lucrative rebate monies from pharmaceutical companies. These same medications are routinely available at the patient’s local pharmacy and could be dispensed by the patient’s own pharmacist if permitted by the insurance company. In a 2016 report (2), the Massachusetts Attorney Generals office found that using restricted distribution for these drugs had little or no benefit in reducing costs. More recent information has also come forward that using mail service pharmacies for temperature sensitive drugs may put patients at additional risk due to the packaging and shipping of these drugs and exposure to extreme fluctuations in temperature during the process.(3) Again, these same drugs are frequently available at the patient’s local pharmacy and could be obtained directly by the patient without the additional risk and expense of shipping through the mail This legislation amends the “Any Willing Provider” law to allow retail pharmacies to fill prescriptions for “specialty medications” provided the pharmacy is able to provide the required administrative, handling, and monitoring services required by the drug. Insurers and pharmacy benefit managers have been circumventing MGL Chapter 176D section3B by designating a medication a “specialty medication” even when the drug requirements are minimal (e.g., Humira). This legislation will close this loophole and will also assist patients by allowing them to obtain all their medication from one pharmacy instead of trying to coordinate mail shipments from a specialty pharmacy located in another state. The bill also sets a new category of registration at the Massachusetts Board of Pharmacy that would establish standards for specialty pharmacies and ensure the safe and efficient distribution of the medications in the Commonwealth.

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An Act relative to prescription drug pricing

H1148

HD331

{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-12T11:20:10.333'}

[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-12T11:20:10.3333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1148/DocumentHistoryActions

Bill

By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 1148) of Alan Silvia relative to prescription drug pricing. Financial Services.

Chapter 175 of the General Laws is hereby amended by inserting after section 226 the following section:- Section 226A. (a) The following terms, as used in this section, shall, unless the context requires otherwise, have the following meanings:— “Commissioner”, the commissioner of insurance. “Covered entity”, a nonprofit hospital or medical service organization, insurer, health coverage plan or health maintenance organization; a health program administered by the commonwealth in the capacity of provider of health coverage; or an employer, labor union, or other entity organized in the state that provides health coverage to covered individuals who are employed or reside in the state. This term does not include a health plan that provides coverage only for accidental injury, specified disease, hospital indemnity, disability income, or other limited benefit health insurance policies and contracts that do not include prescription drug coverage. “Covered individual”, a member, participant, enrollee, contract holder or policy holder or beneficiary of a covered entity who is provided health coverage by the covered entity. A covered individual includes any dependent or other person provided health coverage through a policy, contract or plan for a covered individual. “Maximum allowable cost” or “MAC”, the list of drug products delineating the maximum per-unit reimbursement for multiple-source prescription drugs, medical product or device. “Multisource drug product reimbursement”, the total amount paid to a pharmacy inclusive of any reduction in payment to the pharmacy, excluding prescription dispense fees. “Pharmacy benefits management”, a service provided to covered entities to facilitate the provision of prescription drug benefits to covered individuals within the state, including negotiating pricing and other terms with drug manufacturers and providers. Pharmacy benefits management may include any or all of the following services: a. claims processing, retail network management and payment of claims to pharmacies for prescription drugs dispensed to covered individuals, b. clinical formulary development and management services, c. rebate contracting and administration, d. certain patient compliance, therapeutic intervention and generic substitution programs, or e. disease management programs; “Pharmacy benefits manager” or “PBM”, a person, business or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in a contractual or employment relationship in the performance of pharmacy benefits management for a managed care company, nonprofit hospital, medical service organization, insurance company, third-party payor, or a health program administered by an agency of this state; “Plan sponsor”, the employers, insurance companies, unions and health maintenance organizations or any other entity responsible for establishing, maintaining, or administering a health benefit plan on behalf of covered individuals; and “Provider”, a pharmacy licensed by the board of registration in pharmacy, or an agent or representative of a pharmacy, including, but not limited to, the pharmacy’s contracting agent, which dispenses prescription drugs or devices to covered individuals. (b) In order to provide pharmacy benefits management or any of the services included under the definition of pharmacy benefits management in the commonwealth, a pharmacy benefits manager or any entity acting as one in a contractual or employment relationship for a covered entity shall first obtain a license from the commissioner, and the commissioner may charge a fee for such licensure. (c) The commissioner shall establish, by regulation, licensure procedures, required disclosures for pharmacy benefits managers and other rules as may be necessary for carrying out and enforcing the provisions of this section. The licensure procedures shall, at a minimum, include the completion of an application form that shall include the name and address of an agent for service of process, the payment of a requisite fee, and evidence of the procurement of a surety bond. (d) The commissioner may subpoena witnesses and information and may take and copy records for investigative use and prosecutions. Nothing in this subsection shall limit the attorney general from using its investigative demand authority to investigate and prosecute violations of the law. (e) The commissioner may suspend, revoke or refuse to issue or renew a license for noncompliance with any of the provisions hereby established or with the rules promulgated by the commissioner; for conduct likely to mislead, deceive or defraud the public or the commissioner; for unfair or deceptive business practices or for nonpayment of a renewal fee or fine. The commissioner may also levy administrative fines for each count of which a PBM has been convicted in a hearing. (f) A pharmacy benefits manager shall provide, upon request by the covered entity, information regarding the difference in the amount paid to providers for prescription services rendered to covered individuals and the amount billed by the pharmacy benefits manager to the covered entity or plan sponsor to pay for prescription services rendered to covered individuals. (g) The pharmacy benefits manager shall, with respect to contracts between a pharmacy benefits manager and a provider, including a pharmacy service administrative organization: 1. Include in such contracts the specific sources utilized to determine the maximum allowable cost pricing of the pharmacy, update MAC pricing at least every 7 calendar days, and establish a process for providers to readily access the MAC list specific to that provider; 2. In order to place a drug on the MAC list, ensure that the drug is listed as “A” or “B” rated in the most recent version of the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book, and the drug is generally available for purchase by pharmacies in the state from national or regional wholesalers and is not obsolete; 3. Ensure dispensing fees are not included in the calculation of MAC price reimbursement to pharmacy providers; 4. Provide a reasonable administration appeals procedure to allow a provider, a provider’s representative and a pharmacy service administrative organization to contest reimbursement amounts within 14 business days of the final adjusted payment date. The pharmacy benefits manager shall not prevent the pharmacy or the pharmacy service administrative organization from filing reimbursement appeals in an electronic batch format. The pharmacy benefits manager must respond to a provider, a provider’s representative and a pharmacy service administrative organization who have contested a reimbursement amount through this procedure within 10 business days. The pharmacy benefits manager must respond in an electronic batch format to reimbursement appeals filed in an electronic batch format. The pharmacy benefits manager shall not require a pharmacy or pharmacy services administrative organization to log into a system to upload individual claim appeals or to download individual appeal responses. If a price update is warranted, the pharmacy benefits manager shall make the change in the reimbursement amount, permit the dispensing pharmacy to reverse and rebill the claim in question, and make the reimbursement amount change retroactive and effective for all contracted providers; and 5. If a below-cost reimbursement appeal is denied, the PBM shall provide the reason for the denial, including the National Drug Code number from the specific national or regional wholesalers where the drug is available for purchase by the dispensing pharmacy at a price below the PBM’s reimbursement price. If the pharmacy benefits manager cannot provide a specific national or regional wholesaler where the drug can be purchased by the dispensing pharmacy at a price below the pharmacy benefits manager’s reimbursement price, the pharmacy benefits manager shall immediately adjust the reimbursement amount, permit the dispensing pharmacy to reverse and rebill the claim in question, and make the reimbursement amount adjustment retroactive and effective for all contracted providers. (h) The pharmacy benefits manager shall not place a drug on a MAC list, unless there are at least 2 therapeutically equivalent, multiple-source drugs, generally available for purchase by dispensing retail pharmacies from national or regional wholesalers. (i) The pharmacy benefits manager shall not require accreditation or licensing of providers, or any entity licensed or regulated by the board of registration in pharmacy, other than by the board of registration in pharmacy or federal government entity as a condition for participation as a network provider. (j) A pharmacy or pharmacist may decline to provide the pharmacist clinical or dispensing services to a patient or pharmacy benefits manager if the pharmacy or pharmacist is to be paid less than the pharmacy’s cost for providing the pharmacist clinical or dispensing services. (k) The pharmacy benefits manager shall provide a dedicated telephone number, email address and names of the personnel with decision-making authority regarding MAC appeals and pricing.

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An Act relative to insurance coverage for individuals with autism

H1149

HD1162

{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:12:51.36'}

[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:12:51.36'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T09:35:32.6166667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-26T09:35:32.6166667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T09:35:32.6166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-26T09:35:32.6166667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-26T09:35:32.6166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T12:52:03.7'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-30T12:51:31.4266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T12:55:07.2366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T08:24:06.8533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T10:52:06.7333333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-06-13T09:29:43.0166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1149/DocumentHistoryActions

Bill

By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 1149) of Alan Silvia and others relative to insurance coverage for individuals with autism. Financial Services.

SECTION 1. Section 2 chapter 32A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “forces”, in line 74, the following words:- , and a child, regardless of age, diagnosed with autism spectrum disorders, as defined in section 25. SECTION 2. Subsection (a) of subdivision 2 of section 108 of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word “persons”, in line 33, the following words:- , including, but not limited to, dependent persons diagnosed with autism spectrum disorders, as defined in section 47AA. SECTION 3. Section 110 of chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following subdivision:- (Q) A blanket or general policy of insurance described in subdivision (A), (C) or (D), except policies or certificates that are not health benefit plans, as defined in section 1 of chapter 176J, or coverage to Medicare or other governmental programs which shall be delivered, issued or renewed in the commonwealth, shall provide, as benefits to all group members having a place of employment in the commonwealth, coverage to dependent persons diagnosed with autism spectrum disorders, as defined in section 47AA. SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO, as inserted by section 48 of chapter 260 of the acts of 2020, the following section:- Section 8PP. Any subscription certification under an individual or group nonprofit hospital service agreement, except certificates which provide stand-alone dental services, supplemental coverage to Medicare or other governmental programs, that is delivered, issued or renewed in the commonwealth, shall provide, as benefits to all individuals or to all group members having a principal place of employment within the commonwealth, coverage to dependents diagnosed with autism spectrum disorders, as defined in section 8DD. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO, as inserted by section 50 of said chapter 260, the following section:- Section 4PP. Any subscription certificate under an individual or group medical service agreement, except certificates that provide stand-alone dental services, supplemental coverage to Medicare or other governmental programs, that is delivered or issued or renewed in the commonwealth, shall provide, as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage to dependents diagnosed with autism spectrum disorders, as defined in section 4DD. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG, as inserted by section 52 of said chapter 260, the following section:- Section 4HH. A health maintenance contract, except certificates which provide stand-alone dental services, supplemental coverage to Medicare or other governmental programs, shall provide, as benefits to all individuals or to group members having a principal place of employment within the commonwealth, coverage to dependents diagnosed with autism spectrum disorders, as defined in section 4V. SECTION 7. Section 1 of chapter 176J of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition of “eligible dependent” and inserting in place thereof the following definition:- “Eligible dependent”, the spouse or child of an eligible person, subject to the applicable terms of the health benefit place covering such employee. The child of an eligible individual or eligible employee shall be considered an eligible dependent until the end of the child’s twenty-sixth year of age; provided, however, that a child diagnosed with autism spectrum disorders, as defined in section 47AA of chapter 175, shall be considered an eligible dependent regardless of age.

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An Act to facilitate labor peace among the cannabis workforce

H115

HD583

{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-10T16:14:49.613'}

[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-10T16:14:49.6133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-20T10:41:17.5466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T10:15:56.53'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:23:47.3266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:16:30.0166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:25:50.32'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T10:19:48.66'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H115/DocumentHistoryActions

Bill

By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 115) of Steven Owens and others for legislation to facilitate labor agreements among the cannabis workforce. Cannabis Policy.

SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following 2 definitions:- "Labor peace agreement", an agreement between a cannabis establishment and a bona fide labor organization that protects the parties' interests by, at minimum, allowing union agents to inform and communicate with cannabis employees about their labor rights including, but not limited to, the right to form a union without interference from the employer in exchange for prohibiting the labor organization from engaging in picketing, work stoppages or boycotts against the cannabis establishment. “Labor Organization” means a bona fide labor organization of any kind, including an employee representation committee, group, or association, in which employees participate and which exists and is constituted for the purpose, in whole or in part, of collective bargaining or otherwise dealing with compassion center or safety compliance facility employers concerning grievances, labor disputes, terms or conditions of employment, including wages and rates of pay, or other mutual aid or protection in connection with employment, and may be characterized by the following: (1) Being a party to 1 or more executed collective bargaining agreements with medical or personal use marijuana employers, in this State or another state. (2) Having a written constitution or bylaws in the 3 immediately preceding years. (3) Filing the annual financial report required of labor organizations under subsection (b) of 29 U.S.C. § 431 or having at least 1 audited financial report in the 3 immediately preceding years. (4) Being affiliated with any regional or national association of unions, including state and federal labor councils. (5) Being a member of a national labor organization that has at least 500 general members in a majority of the 50 states of the United States. SECTION 2. Subsection (b) of section 5 of said chapter 94G, as so appearing, is hereby amended by inserting the following paragraph:- (5) the prospective marijuana establishment has submitted an attestation that the applicant shall not interfere with union agents informing and communicating with cannabis employees about their labor rights including, but not limited to, the right to form a union without interference from the employer; provided however, that this requirement may be satisfied by the submission of an attestation, signed by both the applicant and a labor organization, stating that the applicant has entered into, and will maintain and abide by the terms of, a labor peace agreement. A violation of a labor peace agreement or a failure to submit an attestation may result in suspension, revocation, or denial of such license. SECTION 3. Subsection (b) of section 6 of said chapter 94G, as so appearing, is hereby amended by adding the following paragraph:- As part of a marijuana establishment’s renewal application, a marijuana establishment shall submit an attestation stating that the marijuana establishment has not interfered, and will not interfere, with its employees’ ability to form and maintain a union, including the ability for union agents to inform and communicate with employees about their labor rights including, but not limited to, the right to form a union without interference from the employer; provided however, that this requirement may be satisfied by the submission of an attestation signed by the license holder and a labor organization stating that the license holder has entered into, maintained, and abided by the terms of a labor peace agreement. A violation of a labor peace agreement or a failure to submit an attestation may result in the denial of the renewal of a license.

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An Act to ensure access to generic medication

H1150

HD1190

{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:27:11.103'}

[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:27:11.1033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1150/DocumentHistoryActions

Bill

By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 1150) of Alan Silvia relative to access to generic medications. Financial Services.

SECTION 1. Chapter 176D is hereby amended by adding, after section 3B, the following section:- Section 3C. (a) For the purposes of this section the term "maximum allowable cost list" shall mean a list of drugs, medical products or devices, or both medical products and devices, for which a maximum allowable cost has been established by a pharmacy benefits manager or covered entity. The term "maximum allowable cost" shall mean the maximum amount that a pharmacy benefits manager or covered entity will reimburse a pharmacy for the cost of a drug or a medical product or device. (b) Before a pharmacy benefits manager or covered entity may place a drug on a maximum allowable cost list the drug must be listed as "A" or "AB" rated in the most recent version of the FDA's Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book, or has an "NR" or "NA" rating or a similar rating by a nationally recognized reference; and that there are at least two therapeutically equivalent, multiple source drugs, or at least one generic drug available from one manufacturer, available for purchase by network pharmacies from national or regional wholesalers. (c) If a drug that has been placed on a maximum allowable cost list no longer meets the requirements of subsection (a), the drug shall be removed from the maximum allowable cost list by the pharmacy benefits manager or covered entity within 3 business days after the drug no longer meets the requirements of subsection (a). (d) A pharmacy benefits manager or covered entity shall make available to each pharmacy with which the pharmacy benefits manager or covered entity has a contract and to each pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, at the beginning of the term of a contract upon renewal of a contract, or upon request: (1) The sources used to determine the maximum allowable costs for the drugs and medical products and devices on each maximum allowable cost list; (2) Every maximum allowable cost for individual drugs used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy; and (3) Upon request, every maximum allowable cost list used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy. (e) A pharmacy benefits manager or covered entity shall: (1) Ensure the maxim allowable cost is equal to or greater than the pharmacies acquisition cost and update each maximum allowable cost list at least every 3 business days; (2) Make the updated lists available to every pharmacy with which the pharmacy benefits manager or covered entity has a contract and to every pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, in a readily accessible, secure and usable web-based format or other comparable format or process; and (3) Utilize the updated maximum allowable costs to calculate the payments made to the contracted pharmacies within 2 business days. (f) A pharmacy benefits manager or covered entity shall establish a clearly defined process through which a pharmacy may contest the listed maximum allowable cost for a particular drug or medical product or device. (g) A pharmacy may base its appeal on one or more of the following: (1) The maximum allowable cost established for a particular drug or medical product or device is below the cost at which the drug or medical product or device is generally available for purchase by Massachusetts licensed wholesalers currently operating in the state; or (2) The pharmacy benefits manager or covered entity has placed a drug on the list without properly determining that the requirements of subsection (a). (h) The pharmacy must file its appeal within seven business days of its submission of the initial claim for reimbursement for the drug or medical product or device. The pharmacy benefits manager or covered entity must make a final determination resolving the pharmacy's appeal within seven business days of the pharmacy benefits manager or covered entity's receipt of the appeal. (i) If the final determination is a denial of the pharmacy's appeal, the pharmacy benefits manager or covered entity must state the reason for the denial and provide the national drug code of an equivalent drug that is generally available for purchase by pharmacies in this state from national or regional wholesalers licensed by the state at a price which is equal to or less than the maximum allowable cost for that drug. (j) If a pharmacy's appeal is determined to be valid by the pharmacy benefits manager or covered entity, the pharmacy benefits manager or covered entity shall adjust the maximum allowable cost of the drug or medical product or device for the appealing pharmacy. The adjustment for the appealing pharmacy shall be effective from the date the pharmacy's appeal was filed, and the pharmacy benefits manager or covered entity shall provide reimbursement to the appealing pharmacy and may require the appealing pharmacy to reverse and rebill the claim in question in order to receive the corrected reimbursement. (k) Once a pharmacy's appeal is determined to be valid by the pharmacy benefits manager or covered entity, the pharmacy benefits manager or covered entity shall adjust the maximum allowable cost of the drug or medical product or device to which the maximum allowable cost applies for all similar pharmacies in the network as determined by the pharmacy benefits manager within 3 business days. (l) A pharmacy benefits manager or covered entity shall make available on its secure web site information about the appeals process, including, but not limited to, a telephone number or process that a pharmacy may use to submit maximum allowable cost appeals. The medical products and devices subject to the requirements of this part are limited to the medical products and devices included as a pharmacy benefit under the pharmacy benefits contract. (m) A pharmacy shall not disclose to any third party the maximum allowable cost lists and any related information it receives from a pharmacy benefits manager or covered entity; provided, a pharmacy may share such lists and related information with a pharmacy services administrative organization or similar entity with which the pharmacy has a contract to provide administrative services for that pharmacy. If a pharmacy shares this information with a pharmacy services administrative organization or similar entity, that organization or entity shall not disclose the information to any third party. (n) The Insurance Commissioner shall enforce this Act and may promulgate regulations to enforce the provisions of this act. The commissioner may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan to determine if the pharmacy benefits manager is in compliance with this Act. The information or data acquired during an examination is: (i) Considered proprietary and confidential; and (ii) Not subject to the Freedom of Information Act of Massachusetts (o) In any participation contracts between pharmacy benefits managers and pharmacists or pharmacies providing prescription drug coverage for health benefit plans, no pharmacy or pharmacist may be prohibited, restricted, or penalized in any way from disclosing to any covered person any healthcare information that the pharmacy or pharmacist deems appropriate regarding the nature of treatment, risks, or alternatives thereto, the availability of alternate therapies, consultations, or tests, the decision of utilization reviewers or similar persons to authorize or deny services, the process that is used to authorize or deny healthcare services or benefits, or information on financial incentives and structures used by the insurer. (p) Further any such contract as stated above shall not prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for such insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefits manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available.

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An Act relative to inactive bank account fees

H1151

HD959

{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:38:35.877'}

[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:38:35.8766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1151/DocumentHistoryActions

Bill

By Representative Smola of Warren, a petition (accompanied by bill, House, No. 1151) of Todd M. Smola relative to fees for certain inactive bank accounts. Financial Services.

SECTION 1: Section 5 of Chapter 167D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “depositor” in line 12, the following: “; or (iv) a fee for inactive accounts.”

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An Act relative to insurance companies and death certificates

H1152

HD2184

{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:37:32.043'}

[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:37:32.0433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1152/DocumentHistoryActions

Bill

By Representative Smola of Warren, a petition (accompanied by bill, House, No. 1152) of Todd M. Smola relative to insurance companies and death certificates. Financial Services.

SECTION 1. Section 4 of chapter 38 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following paragraph:- If, in carrying out the duties prescribed by this section, the inquiry and investigation into the cause and circumstances of a death shall require the chief medical examiner, or his designee, to list the cause of death on a death certificate issued by the chief medical examiner, or such designee, as pending, the office shall, at the request of a beneficiary of the decedent’s life insurance policy, issue a letter to the decedent’s insurer regarding the beneficiary’s role in the decedent’s death or lack thereof. SECTION 2. Section 132 of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting in the first paragraph, after subparagraph 12, the following subparagraph:- 13. A provision that the company shall process a claim filed by a beneficiary upon the death of the policy holder upon receiving, in lieu of a certified copy of a death certificate with cause of death listed, an official copy of a death certificate with cause of death listed as pending and a letter from the office of the chief medical officer pursuant to the fifth paragraph of section 4 of chapter 38.

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An Act relative to annuity benefit insurance

H1153

HD2191

{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:15:33.887'}

[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:15:33.8866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1153/DocumentHistoryActions

Bill

By Representative Smola of Warren, a petition (accompanied by bill, House, No. 1153) of Todd M. Smola for legislation to increase maximum liabilities of annuity benefit insurance payable by the Massachusetts Life and Health Insurance Guaranty Association. Financial Services.

SECTION 1. Clause (iii) of paragraph (b) of subsection (3) of section 146B of chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the words “one hundred thousand dollars,” in line 160, and inserting in place thereof the following words:- five hundred thousand dollars. SECTION 2. Said clause (iii) of said paragraph (b) of said subsection (3) of said section 146B of said chapter 175 of the General Laws is hereby further amended by striking out the words “three hundred thousand dollars,” in lines 132 to 133, inclusive, and inserting in place thereof the following words:- five hundred thousand dollars.

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An Act to expand the doula workforce

H1154

HD3541

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T13:15:30.217'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T13:15:30.2166667'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T16:19:26.69'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-14T12:24:54.5066667'}]

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T13:15:30.217'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1154/DocumentHistoryActions

Bill

By Representatives Tyler of Boston and Decker of Cambridge, a petition (accompanied by bill, House, No. 1154) of Chynah Tyler, Marjorie C. Decker and Mindy Domb relative to the doula workforce. Financial Services.

SECTION 1. Chapter 112 of the General Laws is hereby amended by adding the following section:- Section 290. (a) As used in this section, the following word shall, unless the context clearly requires otherwise, have the following meaning:- A “perinatal doula” or referred to hereafter as "doula”, is a trained professional who provides physical, emotional, and informational support, but not medical care, for pregnant individuals, surrogates, foster care parents and adoptive parents during and after pregnancy, labor, childbirth, miscarriage, stillbirth or loss. (b) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Maternal Health Justice Fund, hereafter called “the fund,” for the purpose of expanding and managing the doula workforce. The fund shall be administered by the department of public health, referred to hereafter as “the department.” The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (ii) funds from non-state entities, including, but not limited to gifts, grants and donations from private entities and local and federal government agencies. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. (c) The department shall utilize the fund monies to do the following: 1. Provide, subject to available funding, compensation for support staff at the department to oversee the doula workforce support efforts. 2. Provide, subject to available funding, scholarship monies to individuals seeking doula certification from an approved certification program, as determined by the department in accordance with competencies outlined in (d)(1) and (d)(2). Scholarship awards should prioritize applicants from historically marginalized backgrounds, those demonstrating low income as determined by the department, and those located in geographic areas that lack doula availability. 3. Provide, subject to available funding, support to agencies dedicated to maternal health care-related workforce development, doula mentorship and supervision, and fiscal management. 4. Provide, subject to available funding, support to existing community-based doula programs that meet the competencies outlined in (d)(1) and (d)(2). (d) The department shall establish and maintain a list of doula certification programs which are eligible for scholarship monies from the fund. 1. The department shall establish and maintain a list of competencies which doula certification programs must meet in order to be eligible for scholarship monies from the fund. Such competencies should include, but not be limited to: A. understanding of basic anatomy and physiology as related to pregnancy, the childbearing process, the postpartum period, breast-milk feeding, breastfeeding and chestfeeding; B. capacity to employ different strategies for providing emotional support, education and resources during the perinatal period; C. knowledge of and ability to assist families with a wide variety of non-clinical labor coping strategies; D. strategies to foster effective communication between clients, their families, support services and health care providers; E. awareness of and ability to provide information on integrative health care systems and various specialties of care to address client needs beyond the scope of practice of the doula; F. knowledge of community-based, state- and federally-funded, and clinical resources available to address client needs beyond the scope of practice of the doula; and G. knowledge of HIPAA compliance and client confidentiality; (2) In addition to the above competencies, doula certification programs eligible for fund monies should also offer education in the areas of: A. Health equity; B. Implicit bias; C. racism, including structural, interpersonal, and institutionalized racism; D. reproductive and birth justice; E. cultural sensitivity and humility; F. trauma-informed care, including for survivors of sexual assault or birth trauma; G. parental mental health needs; H. needs of persons with disabilities or disabled persons; I. sexual and gender identities; J. social determinants of health. (3) the department shall publish the list of eligible doula certification programs and instructions for how to apply for scholarship monies publicly on its website. The list shall be updated promptly in response to any changes to the list of certification programs or eligibility requirements.

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An Act to enact pharmacy benefit manager duties

H1155

HD3722

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T14:14:26.433'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T14:14:26.4333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1155/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1155) of Chynah Tyler relative to pharmacy benefit manager duties. Financial Services.

SECTION 1: The General Laws are hereby amended by inserting after Chapter 175M following new chapter: CHAPTER 175N. Pharmacy Benefit Manager Duty of Care. Section 1. Definitions As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Carrier”, any health insurance issuer that is subject to state law regulating insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state or local governmental employer plan. “Commissioner”, the commissioner of insurance. “Division”, the division of insurance. “Enrollee”, any individual entitled to coverage of health care services from a carrier. “Health benefit plan”, a policy, contract, certificate, or agreement entered into, offered or issued by a carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. “Person”, a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government or governmental subdivision or agency. “Pharmacy benefit management fee”, a fee that covers the cost of providing one or more pharmacy benefit management services and that does not exceed the value of the service or services actually performed by the pharmacy benefit manager. “Pharmacy benefit management service”: (i) Negotiating the price of prescription drugs, including negotiating and contracting for direct or indirect rebates, discounts, or other price concessions. (ii) Managing any aspect(s) of a prescription drug benefit, including but not limited to, the processing and payment of claims for prescription drugs, the performance of utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, managing data relating to the prescription drug benefit, or the provision of services related thereto. (iii) Performing any administrative, managerial, clinical, pricing, financial, reimbursement, data administration or reporting, or billing service; and (iv) Such other services as the commissioner may define in regulation. “Pharmacy benefit manager”, any person that, pursuant to a written agreement with a carrier or health benefit plan, either directly or indirectly, provides one or more pharmacy benefit management services on behalf of the carrier or health benefit plan, and any agent, contractor, intermediary, affiliate, subsidiary, or related entity of such person who facilitates, provides, directs, or oversees the provision of the pharmacy benefit management services. “Pharmacy benefit manager duty”, a duty and obligation to perform pharmacy benefit management services with care, skill, prudence, diligence, fairness, transparency, and professionalism, and for the best interests of the enrollee, the health benefit plan, and the provider, as consistent with the requirements of this section and any regulations that may be adopted to implement this chapter. “Provider”, an individual or entity that provides, dispenses, or administers one or more units of a prescription drug. “Related entity”: (i) any entity, whether foreign or domestic, that is a member of any controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code, except that “50 percent” shall be substituted for “80 percent” wherever the latter percentage appears in such code) of which a pharmacy benefit manager is a member; or (ii) any of the following persons or entities that are treated as a related entity to the extent provided in rules adopted by the commissioner: (A) a person other than a corporation that is treated under such rules as a related entity of a pharmacy benefit manager, or (B) a person or entity that is treated under such rules as affiliated with a pharmacy benefit manager in cases where the pharmacy benefit manager is a person other than a corporation. “Spread pricing”, any amount charged or claimed by a pharmacy benefit manager in excess of the ingredient cost for a dispensed prescription drug plus dispensing fee paid directly or indirectly to any pharmacy, pharmacist, or other provider on behalf of the health benefit plan, less a pharmacy benefit management fee. Section 2. Pharmacy Benefit Manager Duties (a) Pharmacy benefit manager duty. A pharmacy benefit manager shall owe the pharmacy benefit manager duty to any enrollee, health benefit plan, or provider that receives pharmacy benefit management services from the pharmacy benefit manager or that furnishes, covers, receives, or is administered a unit of a prescription drug for which the pharmacy benefit manager has provided pharmacy benefit management services. (1) Duty to enrollees. The pharmacy benefit manager duty owed to enrollees shall include duties of care and good faith and fair dealing. The commissioner shall adopt regulations defining the scope of the duties owed to enrollees, including by obligating pharmacy benefit managers to provide all pharmacy benefit management services related to formulary design, utilization management, and grievances and appeals in a transparent manner to enrollees that is consistent with the best interest of enrollees and to disclose all conflicts of interest to enrollees. (2) Duty to health benefit plans. The pharmacy benefit manager duty owed to health benefit plans shall include duties of care and good faith and fair dealing. The commissioner shall adopt regulations defining the scope of the duties owed to health benefit plans, including by obligating pharmacy benefit managers to provide transparency to health benefit plans about amounts charged or claimed by the pharmacy benefit manager in a manner that is adequate to identify any instances of spread pricing and to disclose all conflicts of interest to health benefit plans. (3) Duty to providers. The pharmacy benefit manager duty owed to providers shall include duties of care and good faith and fair dealing. The commissioner shall adopt regulations defining the scope of the duties owed to providers, including by obligating pharmacy benefit managers to provide transparency to providers about amounts charged or claimed by the pharmacy benefit manager in a manner that is adequate to identify any instances of spread pricing and to disclose all conflicts of interest to providers. (b) Conflicts of interest. Where there is a conflict between the pharmacy benefit manager duties owed under this section, the pharmacy benefit manager duty owed to an enrollee shall be primary over the duty owed to any other party, and the pharmacy benefit manager duty owed to a provider shall be primary over the duty owed to a health benefit plan. Section 3. Savings Clause (a) In implementing the requirements of this Act, the state shall only regulate a pharmacy benefit manager, carrier, or health benefit plan to the extent permissible under applicable law. (b) If any section, provision, or portion of this Act, including any condition or prerequisite to any action or determination thereunder, is for any reason held to be illegal or invalid, this illegality or invalidity shall not affect the remainder thereof or any other section, provision, or portion of this Act, including any condition or prerequisite to any action or determination thereunder, which shall be construed and enforced and applied as if such illegal or invalid portion were not contained therein. Section 4. Penalties (a) If the commissioner determines that a pharmacy benefit manager is in violation of this chapter or any rule or regulation promulgated under this chapter, the commissioner shall issue a monetary penalty, suspend or revoke the pharmacy benefit manager’s license or take other action that the commissioner deems necessary. (b) The commissioner shall issue rules and regulations to establish a process for administrative appeal of any penalty, suspension or revocation imposed in accordance with this section. Section 5. Rules The commissioner shall adopt any written policies, procedures, or regulations the commissioner determines necessary to implement this section.

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An Act relative to opioid use disorder treatment and rehabilitation coverage

H1156

HD1951

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T12:59:36.43'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T12:59:36.43'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-19T13:58:39.8766667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-25T11:43:02.0833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T12:16:13.6533333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-26T13:12:46.4633333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T13:01:42.72'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T16:45:27.5866667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-24T15:46:20.7633333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T07:43:28.13'}]

{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T18:31:39.793'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1156/DocumentHistoryActions

Bill

By Representatives Vargas of Haverhill and Donaghue of Westborough, a petition (accompanied by bill, House, No. 1156) of Andres X. Vargas, Kate Donaghue and others relative to opioid use disorder treatment and rehabilitation. Financial Services.

SECTION 1. Subsection (a) of section 2RRRR of chapter 29 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “services”, in line 6, the following words:- , including certain non-profit substance use disorder treatment facilities pursuant to section 19E of chapter 94C,. SECTION 2. Chapter 32A of the General Laws is hereby amended by inserting after section 17R, as inserted by section 2 of chapter 260 of the acts of 2020, the following section:- Section 17S. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for prescribed or dispensed opioid antagonists as defined in section 19B of chapter 94C, and opioid agonist treatment, including partial agonist treatment. The prescribed or dispensed drug in this section shall be deemed medically necessary and shall not require prior authorization. Said drug shall not be subject to deductible, coinsurance, copayments or out-of-pocket limits. The commission shall reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, that dispense opioid antagonist, opioid agonist treatment and partial agonist treatment directly to the patient. SECTION 2. Chapter 94C of the General Laws is hereby amended by inserting after section 19D the following section:- Section 19E. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Opioid antagonist”, as defined in section 19B. “Substance use disorder treatment facility”, nonprofit or for-profit facilities that offer: (i) acute treatment services and detoxification services; (ii) clinical stabilization services; (iii) transitional support services; (iv) residential support services; or (v) outpatient counseling services. (b) Upon discharge of a patient from a substance use disorder treatment facility, the facility shall prescribe and dispense no less than 2 doses of an opioid antagonist to the patient or a legal guardian. (c) The department of public health may subject to appropriation provide, at no cost to the substance use disorder treatment facility, opioid antagonists to nonprofit substance use disorder treatment facilities to be dispensed to patients pursuant to this section. SECTION 3. Section 25J½ of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:- Upon discharge of a patient who has a history of or is actively using opioids, diagnosed with opioid use disorder or who experienced an opioid-related overdose, the acute care hospital or satellite emergency facility shall prescribe or dispense no less than 2 doses of an opioid antagonist to the patient and notify the patient’s primary care physician or preferred care provider in consultation with the patient, if known. For the purposes of this section, “opioid antagonist” shall be as defined in section 19B of chapter 94C. SECTION 4. Said chapter 111 is hereby amended by adding the following section:- Section 243. The department shall, subject to appropriation, purchase doses of opioid antagonists, as defined in section 19B of chapter 94C, for distribution to acute care hospitals, community behavioral health centers and nonprofit substance use disorder treatment facilities pursuant to section 19E of chapter 94C. The department shall notify said nonprofit substance use disorder treatment facilities that they may participate in the Municipal Naloxone Bulk Purchase Trust Fund pursuant to section 2RRRR of chapter 29. SECTION 5. Chapter 118E of the General Laws is hereby amended by inserting after section 10N, as inserted by section 39 of said chapter 260, the following section:- Section 10O. 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, accountable care organization, or primary care clinician plan shall provide coverage for prescribed or dispensed opioid antagonists, as defined in section 19B of chapter 94C, and opioid agonist treatment, including partial agonist treatment. The prescribed or dispensed drug in this section shall be deemed medically necessary and shall not require prior authorization. Said drug shall not be subject to any deductible, coinsurance, copayments or out-of-pocket limits. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators shall reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, that dispense opioid antagonist, opioid agonist treatment and partial agonist treatment directly to the patient. SECTION 6. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN, as inserted by section 47 of said chapter 260, the following section:- Section 47OO. 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 118M, shall provide coverage for prescribed or dispensed opioid antagonists, as defined in section 19B of chapter 94C, and opioid agonist treatment, including partial agonist treatment. The prescribed or dispensed drug in this section shall be deemed medically necessary and shall not require prior authorization. Said drug shall not be subject to any deductible, coinsurance, copayments or out-of-pocket limits. The policy, contract, agreement, plan or certificate of insurance shall reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, that dispense opioid antagonist, opioid agonist treatment and partial agonist treatment directly to the patient. SECTION 7. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO, as inserted by section 48 of said chapter 260, the following section:- Section 8PP. 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 prescribed or dispensed opioid antagonists, as defined in section 19B of chapter 94C, and opioid agonist treatment, including partial agonist treatment. The prescribed or dispensed drug in this section shall be deemed medically necessary and shall not require prior authorization. Said drug shall not be subject to any deductible, coinsurance, copayments or out-of-pocket limits. The contract shall reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, that dispense opioid antagonist, opioid agonist treatment and partial agonist treatment directly to the patient. SECTION 8. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO, as inserted by section 50 of said chapter 260, the following section:- Section 4PP. Any subscription certificate under an individual or group medical service agreement delivered or issued or renewed in the commonwealth, shall provide coverage for prescribed or dispensed opioid antagonists, as defined in section 19B of chapter 94C, and opioid agonist treatment, including partial agonist treatment. The prescribed or dispensed drug in this section shall be deemed medically necessary and shall not require prior authorization. Said drug shall not be subject to any deductible, coinsurance, copayments or out-of-pocket limits. The subscription certificate shall reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, that dispense opioid antagonist, opioid agonist treatment and partial agonist treatment directly to the patient. SECTION 9. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG, as inserted by section 52 of said chapter 260, the following section:- Section 4HH. An individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for prescribed or dispensed opioid antagonists, as defined in section 19B of chapter 94C, and opioid agonist treatment, including partial agonist treatment. The prescribed or dispensed drug in this section shall be deemed medically necessary and shall not require prior authorization. Said drug shall not be subject to any deductible, coinsurance, copayments or out-of-pocket limits. The individual or group health maintenance contract shall reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, that dispense opioid antagonist treatment, opioid agonist treatment and partial agonist treatment directly to the patient. SECTION 11. Notwithstanding any general or special law to the contrary, the division of insurance, in consultation with the division of medical assistance, shall promulgate regulations or issue sub-regulatory guidance to require carriers reimburse providers, including but not limited to acute care hospitals, freestanding psychiatric facilities, and substance use disorder facilities, for opioid antagonist and opioid agonist treatment, including partial agonist treatment, dispensed directly to the patient.

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An Act addressing the racial wealth gap

H1157

HD783

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-12T15:23:43.877'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-12T15:23:43.8766667'}, {'Id': None, 'Name': 'Deborah B. Goldberg (Treasurer and Receiver General)', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T13:51:36.5266667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-24T12:01:01.79'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-27T13:46:20.9'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-04-15T13:29:10.6466667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-15T09:35:09.8366667'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-09-26T13:26:02.5533333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-03-24T14:21:21.76'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T13:38:52.43'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-31T15:15:23.3166667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T14:42:45.0033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-11T09:58:18.0466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T15:38:23.2033333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-09T14:35:49.6533333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-05-15T06:52:00.9533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1157/DocumentHistoryActions

Bill

By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1157) of Andres X. Vargas and others for legislation to direct the State Treasurer to establish a baby bonds trust fund to assist certain designated beneficiaries in pursuing opportunities for education, housing, and entrepreneurship. Financial Services.

SECTION 1. Chapter 10 of the General Laws is hereby amended by adding after section 78 the following section:- Section 79. (a) As used in this section the followings words and terms shall have the following meanings:- “Accounting”, a designated beneficiary’s pro rata share of the fund, as determined by the state treasurer. “Board”, means the Massachusetts Baby Bonds Trust Fund Advisory Board. “Committee”, means the Massachusetts Baby Bonds Community Advisory Committee. “Designated beneficiary”, means any individual who: (i) is born on or after July 1, 2024; and (ii) receives cash assistance under transitional aid to families with dependent children or is a child under the care or custody of the Massachusetts department of children and families within the first twelve months of their life. “Eligible expenditure”, means an expenditure associated with any of the following: (i) post-secondary education of a designated beneficiary at a vocational or apprentice program, community college, or university that is located in and licensed, approved, or accredited by the commonwealth; (ii) investment in an entity doing business in the commonwealth by a designated beneficiary; (iii) purchase of a home in the commonwealth by a designated beneficiary; or (iv) any investment in financial assets or personal capital that provides long-term gains to wages or wealth, as defined by regulation promulgated by the state treasurer. “Fund”, means the Massachusetts Baby Bonds Trust Fund. (b)(1) There shall be a Massachusetts Baby Bonds Trust Fund for the exclusive purpose of assisting designated beneficiaries in pursuing opportunities for education, housing, and entrepreneurship, in order to create opportunities for financial independence. (2) The state treasurer shall administer the fund. The state treasurer may contract with practitioners, administrators, investment managers and other entities in order to design, administer and provide investment options for the fund. The provisions of section 38 of chapter 29 of the general laws shall not apply to the investment of the fund. (3) The state treasurer may accept moneys from public and private sources, including, but not limited to gifts, grants and donations, but not in lieu of contribution by the General Court. The state treasurer may expend moneys from the fund for all reasonable and necessary direct costs and expenses incurred with the management and investment of the fund. (4) Moneys deposited in the fund shall not be subject to further appropriation and any moneys that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. No expenditure made from the fund shall cause the fund to become deficient at any point. (5) The state treasurer shall report annually on or before December 31 to the governor and house and senate committees on ways and means: (i) the balance of the fund and (ii) the total return generated by the principal of said fund during the prior 12-month period ending on June 30. (c)(1) There shall be a Baby Bonds Trust Fund Advisory Board. The board shall meet from time to time to assist the state treasurer in the development of general policy regarding the fund and shall provide technical advice and input to the state treasurer. Matters considered by the board shall include, but not be limited to: (i) identification of eligible expenditures; (ii) development of mitigation measures to prevent fraud, scams, or financial exploitation of designated beneficiaries related to eligible expenditures; and (iii) partnerships with individuals and communities disproportionately impacted by the racial wealth gap in program expansion and development, including, but not limited to, regular collaboration with the Massachusetts Baby Bonds Community Advisory Committee established in subsection (d). (2) The board shall consist of 17 members. There shall be 6 nonvoting members, 2 of whom shall be appointed by the president of the senate, 1 of whom shall be appointed by the minority leader of the senate, 2 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the minority leader of the house. There shall be 11 voting members: the state treasurer, or a designee, who shall serve as chair; the secretary for administration and finance, or a designee; the secretary of education, or a designee; the attorney general, or a designee; 2 members of the Baby Bonds Community Advisory Committee established in subsection (d), selected by said committee; and 4 members appointed by the state treasurer 2 of whom shall be experts in economics and socio-economic policy and 2 of whom shall be individuals from, or who have experience advocating on behalf of, a census tract where over 20 per cent of the populations fall below the federal poverty line. The appointed members shall each serve for a term of 5 years and shall be eligible for reappointment. The board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. (3) The board shall report annually on or before December 31 to the governor and the house and senate committees on ways and means. (d) There shall be in the office of the treasurer and receiver general a Massachusetts Baby Bonds Community Advisory Committee which shall facilitate regular community engagement and outreach concerning the administration and allocation of the Baby Bonds Trust Fund. The committee shall be comprised of individuals and interested stakeholders from geographically diverse regions of the commonwealth. The committee shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. (e)(1) At any time upon their reaching the age of 18 and prior to their reaching the age of 35, a designated beneficiary may submit a claim to distribute, in whole or in part, their accounting; provided, however, that the designated beneficiary shall demonstrate that the distribution will be applied toward an eligible expenditure; provided further, that, at the time of the application, the designated beneficiary is a resident of the commonwealth. (2) A designated beneficiary may not assign, alienate or otherwise dispose of any portion of or interest in such accounting to another individual at any time prior to receiving the full distribution of the amounts in their accounting. (3) If a designated beneficiary fails to submit a valid claim prior to their reaching age 35, their accounting shall be credited back to the assets of the fund. (4) In the case of the death of a designated beneficiary prior to their reaching the age of 35, upon receipt of notification of such individual’s death, their accounting shall be credited back to the assets of the fund. (5) The state treasurer shall seek to develop and make regularly available relevant resources and supports designed to assist in making financial decisions to designated beneficiaries and their households. The state treasurer shall encourage and incentivize designated beneficiaries to utilize said resources and supports prior to the distribution of funds to support an eligible expenditure. (f) (1) Notwithstanding any general or special law to the contrary, no moneys invested in the fund shall be considered an asset for purposes of determining an individual’s or the individual’s household’s eligibility for, or amount of, any benefit or service, including, but not limited to: temporary assistance for needy families and need-based, institutional aid grants offered to an individual at the public educational institutions in the commonwealth. (2) Notwithstanding any general or special law to the contrary, contributions to an accounting on behalf of a designated beneficiary shall not be included in calculating the gross income of the designated beneficiary under chapter 62. (g) To carry out the purposes of this section, the Massachusetts department of transitional assistance, the Massachusetts department of children and families, the Massachusetts department of elementary and secondary education, and the Massachusetts department of public health shall provide to the office of the state treasurer any information it deems necessary to fund, coordinate, and evaluate activities of the fund. Said agencies shall enter an agreement with the office of the state treasurer to document the data sharing procedures and the information to be shared. (h) The state treasurer may promulgate rules and regulations as necessary or proper for the administration and enforcement of subsections (a) through (g), inclusive.

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An Act establishing protections and accountability for TNC and DNC workers, consumers, and communities (EPA)

H1158

HD3832

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1158/DocumentHistoryActions

Bill

By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1158) of Andres X. Vargas and others relative to protections and accountability for transportation network and delivery network companies workers, consumers, and communities. Financial Services.

Whereas Transportation Network Companies (TNCs) and Delivery Network Companies (DNCs) have operated in the Commonwealth for almost a decade, employing 100,000s of Massachusetts residents and generate $100,000,000s in revenue in the Commonwealth each year; And Whereas TNC and DNC drivers and delivery workers are already entitled to the same presumptions of employment as well as wage and hour and anti-discrimination protections, unemployment, workers compensation, sick, family and medical leave benefits, under Massachusetts law that all other workers within the Commonwealth enjoy, the legislature enacts the following amendments to Chapter 149 addressing the means for calculating TNC and DNCs workers’ minimum compensation; And Whereas modifications to the Commonwealth’s existing law regulating TNCs and DNCs, Chapter 159A1/2, are needed to ensure that TNCs and DNCs provide safe, reliable, accessible, and affordable service and are accountable to the Commonwealth, consumers, and their workers in the same manner that other transportation services are regulated, the legislature enacts the following amendments to Chapter 159A1/2; The legislature hereby enacts the following legislation. SECTION 1. The General Laws are hereby further amended by inserting after section 148D of chapter 149 the following section:- Section 148E. Application-based transportation workers. (a) Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: “Application-based transportation worker”, a person who works as a delivery network company courier or transportation network company driver by logging onto a digital network through an on-line enabled application or platform of a delivery network company or transportation network company; provided, however, that an “application-based transportation worker” shall be presumed an employee of the network company, consistent with M.G.L. c. 149 § 148B, for all intents and purposes. “Assigned time rate”, the minimum hourly wage rate owed to an application-based transportation worker for all periods in which they are performing duties included in assigned time as defined below. “Assigned time”, all time between the acceptance of a delivery network company or transportation network company dispatched assignment until that assignment is completed and the application-based transportation worker: (i) has returned to the worker’s base location utilizing the route designated by the delivery network company or transportation network company; (ii) is dispatched to a new call, which shall initiate a new period of productive time; or (iii) turns the platform off, whichever occurs first. “Base location”, the 1-mile radius of a geographic location set as a reporting hub by each transportation network company or delivery network company; provided, however, that as part of onboarding, each application-based transportation worker shall set the worker’s base location; provided further, that if no base location is selected, the transportation network company or delivery network company will assign a default base location, which may be reset by the driver using the application or platform. “Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter 151. “Delivery network company”, a corporation, partnership, sole proprietorship or other entity that utilizes a digital network to assign couriers to provide pre-arranged delivery services within the Commonwealth. “Standby time”, any time, other than assigned time, in which an application-based transportation worker is on a delivery network company or transportation network company application or platform and is ready, able and willing to accept fares, including operating in a vehicle approved by the delivery network company or transportation network company, to render service and within their designated base location. “Transportation network company”, shall have the same meaning as in section 1 of chapter 159A1/2 of the General Laws. “Working time”, the combination of assigned time and standby time. (b) The minimum applicable hourly wage for application-based transportation workers shall be equal to the basic minimum wage for all working time or, if the application-based transportation worker holds unfettered discretion to log on and off of the delivery network company or transportation network company application or platform at dates, times of day and hours of their choosing, then the minimum applicable hourly wage shall be a minimum hourly wage rate of 150 per cent of the basic minimum wage for all assigned time. The rate established pursuant to this section shall ensure that application-based transportation workers, on average, earn compensation for the first 40 hours of working time in each 7-day week equal to not less than the basic minimum wage, including all standby time. An application-based transportation worker’s average hourly wage rate within a 7 day workweek at the basic minimum wage or worker’s actual average wage, whichever is greater, shall constitute the worker’s regular rate of pay for the purposes of section 1A of chapter 151. (c) Each delivery network company and transportation network company operating in commonwealth shall provide contemporaneous payroll data for each application-based transportation worker by base location in an electronic, searchable form and any other materials, requested by department of labor standards or attorney general necessary to demonstrate compliance with this chapter. Data provided shall include: (i) the number of hours of assigned time within a pay period; (ii) the number of hours of standby time within a pay period; (iii) the number of hours working time within a pay period; (iv) the assigned time rate in effect for the pay period; (iv) any additional incentives or premiums rates paid to the application-based transportation worker for the pay period and the number of hours the incentive was in effect during the pay period; (v) any deductions permissible under chapters 149 and 151 within the pay period; (vi) the average wage rate for all working time within the pay period; and (vii) other such information as directed by the department or attorney general. Aggregated de-identified information regarding average assigned time compensation, average premium compensation, hours worked, the number of drivers or couriers employed by each transportation network company or delivery network company and regional variations in the quantity and length of assignments shall be published each quarter by the department. This information shall include, but not be limited to, the: (i) average number of hours of working time by base location; (ii) average number of hours of standby time by base location; (iii) average number of hours of assigned time by base location; (iv) average hourly wage rate paid during each weekly pay period for assigned time only per application-based transportation worker within each month; and (v) average hourly wage rate paid to per application-based transportation worker for all working time in each weekly pay period within each month. (d) Transportation network companies and delivery network companies may elect to pay at least basic minimum wage for all working time or to adopt the premium rate established under subsection (b) for assigned time so long as on average each application-based transportation worker makes at least the basic minimum wage for all working time under 40 hours within a workweek and at least the wage under section 1A of chapter 151 for all hours worked within a workweek in excess of 40 hours. (e) The mileage reimbursement standard for application-based transportation workers utilizing their own vehicles shall be: (i) the standard mileage rate established by the federal Internal Revenue Service for all miles driven during an application-based transportation worker’s working time; or (ii) 150 per cent of said standard mileage rate for all miles driven during assigned time. This reimbursement rate for mileage during assigned time shall remain in effect until the department of labor standards issues regulations, in consultation with attorney general, setting a revised reimbursement rate at the premium rate multiplier on said standard mileage rate for all miles driven during assigned time. Transportation network companies and delivery network companies shall provide all data sought by the department and attorney general, including, but not limited to, application-based transportation mileage data and any preventative maintenance data maintained by companies who lease vehicles to drivers for use. The department and attorney general may also require transportation network companies and delivery network companies to provide data solicited from application-based transportation workers concerning work-related expenses including, but not limited to, preventative maintenance, repairs and gasoline costs. The department and attorney general may rely on this data as well as other relevant sources in promulgating regulations. (f) A violation of this Section shall be enforceable under section 150 of chapter 149. (g) Application-based transportation workers shall be presumed to be employees under the General Laws. (h) Transportation network companies and delivery network companies shall provide accidental liability coverage to each application-based transportation worker during their working time of not less than $1,000,000 per occurrence and $3,000,000 in aggregate consistent with SECTION 5 [c. 159A1/2, Section 5(a)] of this Act. (i) A transportation network company, delivery network company, or their agent, or any other person shall not penalize or otherwise retaliate against an application-based transportation worker in any way, including, but not limited to, adversely impacting an application-based transportation worker’s terms and condition of employment, as a result of any action on the part of the worker to secure their rights under this Section. Any transportation network company or delivery network company, or their agent, or any other person who deactivates or in any other way discriminates against an application-based transportation worker because such worker has made a complaint to the attorney general or any other person, or assists the Attorney General or any other agency in an investigation under this chapter, or has instituted, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, shall have violated this chapter and shall be subject to a civil penalty or order as provided in section 27C of chapter 149. Any current or former application-based transportation worker aggrieved of a violation of this section may, within 2 years of such alleged violation, institute a civil action in superior court. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section; (ii) reinstate the employee to the same position held before the retaliatory action or to an equivalent position; (iii) compensate the employee for 3 times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order payment by the employer of reasonable costs and attorneys' fees. SECTION 2. SECTION 1 shall take effect on 01/01/2024. SECTION 3. Chapter 159A ½ of the General Laws is hereby amended by striking out section 2, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 2. (a) The department shall have jurisdiction over transportation network companies and delivery network companies to ensure the safety, accessibility and convenience of the public, the cost effectiveness and reliability of service and accountability of these companies to the commonwealth and to consumers as expressly set forth in this chapter. The department shall implement and enforce this section and establish regulations, service quality metrics and guidance necessary for enforcement. (b) In consultation with the registry of motor vehicles, the division shall provide for the establishment of removable decals to be issued by transportation network companies, in a form and manner prescribed by the division, to transportation network drivers to designate a vehicle as a transportation network vehicle for law enforcement and public safety purposes. The decal shall be applied to both the front and back panels of a vehicle at all times while the vehicle is providing transportation network services. A transportation network driver who provides transportation network services using the digital network of more than 1 transportation network company shall display the respective decals for each transportation network company while the vehicle is providing transportation network services. A transportation network driver who ceases to be certified to provide transportation network services for any reason shall return the decal within 14 days of that cessation to the respective transportation network company in the manner and form prescribed by the division. (c) In consultation with the commissioner of insurance, the department shall implement the insurance policy requirements established in section 228 of chapter 175 and SECTION 5 of this Act [G.L. c. 159A1/2, s. 5(a)] for application-based transportation workers, as defined by SECTION 1(a) [G.L. c. 149, s. 148E(a)] of this Act. (d) (1) A transportation network company shall provide clear and conspicuous transportation fare estimates to customers and to application-based transportation workers, respectively, at all times, including during surge pricing, high volume and high demand times. Fare estimates shall include a clear rate estimate or the amount of the price increase resulting from surge pricing or increased demand. Failure to provide an accurate estimate may be the subject of a consumer or driver complaint to the department. (2) At the termination of each ride, a transportation network company shall provide notices of payment to application-based transportation workers and receipts to customers, respectively, which shall contain the detailed itemized information as required under this section. Such information shall be available electronically through the transportation network company’s digital application and on its website and shall remain available to the customers and drivers so long as such customers and drivers maintain an account on the site, even where an application-based transportation worker is deactivated from the application or where a customer is banned from further use. Failure to provide an accurate receipt or notice of payment may be the subject of a complaint to the department. Information required to be provided to transportation network companies’ customers under this section shall include: (i) the total payment made to the transportation network company by the customer for the ride; (ii) the number of miles driven for the ride; (iii) any surge pricing, additional charges, fees, taxes, and tips, in addition to the transportation network company base rate charged for the ride; and (iv) the start location and the end location. Information required to be provided to application based transportation workers shall include: (i) the geographic start and end date of the ride; (ii) the number of miles driven for the ride; (iii) the total amount paid to the transportation network company for the ride; (iv) the base payment amount received for the ride by the application-based transportation worker; (v) mileage reimbursements received for the ride by the application-based transportation worker; (vi) any surge payment received for the ride by the application-based transportation worker; (vii) any bonus payment received for the ride by the application-based transportation worker; (viii) any tip remitted by the customer to the application-based transportation worker for the ride; (ix) any deductions from the application-based transportation worker’s compensation; (x) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the ride; and (xi) gross payment received by the transportation network company per the ride; (3) At the end of each continuous 7-day work period, a transportation network company shall provide clear, contemporaneous and accurate records to application-based transportation workers of their gross and net earnings for each period of working time during the week, consistent with chapters 149 and 151 of the General Laws. (e)(1) A delivery network company shall provide clear and conspicuous delivery cost estimates to customers and to application-based transportation workers, respectively, at all times, including any premium charges, for high volume and high demand times. Estimates shall include a clear rate estimate, any differential pay for shopping, packaging or delivery functions and the amount of any increase in delivery charges resulting from surge pricing or increased demand. (2) At the termination of each delivery, a delivery network company shall provide notices of payment to application-based transportation workers and receipts to customers, respectively, which shall contain detailed, itemized information pursuant to this section. Such information shall be available electronically through the delivery network company’s digital application and on its website and shall remain available to the customer and application-based transportation workers so long as such customers and workers maintain an account on the application or site, even where an application-based transportation worker is deactivated from the application or where a customer is banned from further use. Failure to provide an accurate receipt or notice of payment may be the subject of a consumer or application-based transportation worker complaint to the department. (3) Information required to be provided to delivery network companies’ customers shall include: (i) the total payment made to the delivery network company by the customer for the delivery; (ii) the total labor cost for the delivery charged to the customer; (iii) the number of miles driven for the delivery; (iv) any surge pricing, additional charges, fees, taxes and tips, in addition to the delivery network company’s base rate charged for the ride; and (v) the start location and the end location. (4) Information required to be provided to application-based transportation workers shall receive: (i) the geographic start and end date of the delivery; (ii) the number of miles driven for the delivery; (iii) the total payment made to the delivery network company by the customer for the delivery; (iv) the base payment received by the application-based transportation worker per the delivery; (v) any additional differential paid for any phase of services rendered such as shopping, packing and delivery– to the application-based transportation worker; (vi) mileage reimbursements received by the application-based transportation worker for the delivery; (vii) any surge payment received by the application-based transportation worker for the delivery; (viii) any bonus payment received by the application-based transportation worker for the delivery; (ix) any tip remitted by the customer to the by the application-based transportation worker; (x) any deductions from compensation to the application-based transportation worker; (xi) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the delivery; and (xii) the gross base payment received by the delivery network company per the delivery. (5) At the end of each continuous 7-day work period, a delivery network company shall provide clear, contemporaneous and accurate records to application-based transportation workers of their gross and net earnings for each period of working time during the week, consistent with chapters 149 and 151 of the General Laws. (f) transportation network companies and delivery network companies shall provide, on a quarterly basis, data pertaining to their transportation network company or delivery network company on the following: (1) the number of application-based transportation workers working in the commonwealth organized by originating base location; (2) The number and percentage of application-based transportation workers whose average weekly working time as defined by SECTION 1 of this Act [c. 149 s. 148E(a)] exceeds: (A) 0-15 hours; (B) 15 hours; (C) 30 hours; (D) 40 or more hours organized by base location. (3) The number of vehicles utilized for transportation network company or delivery network company work in the commonwealth organized by originating base location as defined by SECTION 1 of this Act [c. 149 s. 148E(a)]; (4) The number of application-based transportation workers driving or making deliveries in the commonwealth organized by county and by originating base location; (5) The number of vehicles utilized for transportation network company/ or delivery network company work in the commonwealth organized by county and by originating base location; (6) The number of trips taken in the commonwealth by application-based transportation workers organized by originating base location; (7) The average number of miles per trip or per delivery organized by originating base location by application-based transportation worker; (8) The average cost per trip or delivery organized by originating base location by application-based transportation workers for their transportation network company or delivery network company; and (9) The number of hours a day surge or heightened pricing was in effect by originating base location by application-based transportation workers. Transportation network companies shall also provide information on: (i) total miles driven with a passenger in vehicle by originating base location; and (ii) total miles driven without a passenger in the vehicle by originating base location. Delivery network companies shall also provide: (i) total miles driven by cars, motorcycles and vans organized by originating base location; and (ii) total miles driven by bicycle or other non-motorized transportation organized by originating base location. Every transportation network company and every delivery network company shall file with the department and shall plainly print and keep open to public inspection schedules showing all classes of rates, as well as itemized schedules of premiums, surcharges and other fees included but, not limited to, surge pricing, congestion pricing, any surcharges or fees in effect for any service, of every kind rendered or furnished, or to be rendered or furnished, by it within the commonwealth, and all conditions and limitations for the use of the same, in such places, within such time, and in such form and with such detail as the department may order. Section 2A. The department shall inquire into the rates, charges, policies, practices, safety protocols, equipment and services of transportation network companies and delivery network companies operating in the commonwealth subject to its jurisdiction. (a) No transportation network company or delivery network company shall, except as otherwise provided in this chapter, charge, demand, exact, receive or collect a different rate or charge for any service rendered or furnished by it, or to be rendered or furnished, from the rate or charge applicable to such service as specified in its schedule filed with the department and in effect at the time. No transportation network company or delivery network company shall extend to any person or corporation any rule, regulation, privilege or facility except such as are specified in the said schedule and regularly and uniformly extended to all persons and corporations under like circumstances for the like, or substantially similar service. Unless the department otherwise orders, no change shall be made in any rate or charge, or in any rule or regulation or form of contract or agreement in any manner affecting the same as shown upon the schedules filed in accordance with this chapter, except after 30 days from the date of filing a statement with the department setting forth the changes proposed to be made in the schedule then in force and the time when such changes shall take effect, and such notice to the public as the department orders, to be given prior to the time fixed in such statement to the department for the changes to take effect. The department, for good cause, may allow changes before the expiration of said 30 days, under such conditions as it may prescribe, and may suspend the taking effect of changes under the circumstances and in the manner provided in the following section. As soon as any such changes take effect they shall be plainly identified as amendments and added to existing schedules. Amended and new schedules shall be printed and filed with the department and posted on the Department’s website and elsewhere as the department may order. (b) Whenever the department receives notice of any changes proposed to be made in any schedule filed by any transportation network company or delivery network company, it shall notify the attorney general and appropriate stakeholders, including but not limited to, labor organizations and other non-profit corporations who advocate on behalf of application-based transportation workers, provide work-related benefits to application-based transportation worker, represent workers in the commonwealth’s transportation and delivery industries or engage in advocacy to improve the working conditions of low income, contingent workers in the commonwealth, including but not limited to application-based transportation workers. The department, either upon motion by the attorney general or applicable stakeholders, or in its own discretion and after notice, hold a public hearing and make investigation as to the propriety of such proposed changes. Notice of such hearing shall be published on the department’s website, newspapers and on social media websites as the department may select at least twenty-one days before such hearing. Pending any such investigation and the decision thereon, the department may, by order served upon the transportation network company or delivery network company affected, suspend, from time to time, the taking effect of such changes, but not for more than 10 months in the aggregate beyond the time when the same would otherwise take effect. After such hearing and investigation, the department may make, in reference to any new rates, charges, rule, regulation or form of contract or agreement proposed, an order consistent with its determinations based on the evidentiary record. At any such hearing, the burden of proof to show that such change is necessary to obtain a reasonable compensation for the service rendered shall be upon the delivery network company or transportation network company. Additionally, during the investigation, the transportation network company and/or delivery network company must provide the methods and calculations for setting proposed rates and evidence supporting such a change, including, but not limited to, advancing safety, accessibility, and convenience of the public, cost effectiveness, reliability of service, and accountability to the commonwealth and to consumers. (c) Every transportation network company and delivery network company shall give notice of any vehicular accident in which one of its application-based transportation workers was involved during working time and which resulted in property damage over $10,000, injuries requiring medical treatment, or a loss of life, to the Department within twenty-four hours. For each omission to give such notice, the transportation network company or delivery network company shall forfeit not more than $1000 dollars. A department inspector shall investigate promptly any accident which causes the death or imperils the life of any person, and shall report thereon to the department, and may investigate any other accident. The department, through its commissioners or by employees duly authorized, may examine all books, contracts, records, documents, papers and memoranda of any transportation network company or delivery network company, and by subpoena duces tecum compel the production thereof, or of duly verified copies of the same or any of them, and compel the attendance of such witnesses as the department may require to give evidence at any such examination. (d)Whenever the department believes, after holding a hearing in its discretion or upon complaint by an application-based transportation worker or consumer, that: (1) any transportation network company/delivery network company rates, fares or charges for any services performed within the commonwealth, or a transportation network company/delivery network company’s policies or practices affecting such rates, are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law or insufficient to yield reasonable compensation for the service rendered, the department shall determine the just and reasonable rates, fares and charges to be charged for the service to be performed, and shall fix the same by order to be served upon transportation network companies/delivery network companies, whichever is implicated, by whom such rates, fares and charges or any of them are thereafter to be observed. Every such transportation network company or delivery network company shall comply with all requirements established by the department, and do everything necessary or proper in order to secure absolute compliance by all its officers, agents and employees. (2) If a consumer files a complaint with the department concerning any rate, fare or charge demanded and collected by any transportation network company/delivery network company for any service performed and the department finds after a hearing and investigation conducted pursuant to section 10 of chapter 30A that a rate, fare or charge that is unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law has been collected for any service, the department may order the transportation network company or delivery network company which has collected or paid the same to make due reparation to the aggrieved person, with interest from the date of the payment of such unjustly discriminatory amount. (3) If an application-based transportation worker complaint is made to the department concerning any transportation network company’s or delivery network company’s payments, deductions, or other business practices regulating application-based transportation workers’ compensation upon which application-based transportation workers reasonably rely, and the department finds after hearing and investigation conducted pursuant to section 10 of chapter 30A that payments, deductions or other business practices are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law, insufficient to yield reasonable compensation for the service rendered, or inconsistent with the estimates provided to application-based transportation workers for specific rides or deliveries, the department may order the transportation network company or delivery network company which has collected or paid the same to make due reparation to the aggrieved application-based transportation worker, with interest from the date of the original payment. Such orders of reparation shall cover only payments made within 3 years before the date of filing the petition seeking to have reparation ordered. Such order may be made without formal hearing whenever the transportation network company/delivery network company affected shall assent in writing thereto, or file or join in a petition therefor. Nothing provided for in this section limits or amends an application-based transportation worker’s right to seek redress pursuant to section 151 of chapter 149. (4) An application-based transportation worker may file a complaint with the department over the failure of a transportation network company or delivery network company to activate the worker or assign the worker work if the worker otherwise meets all prerequisites and certifications required by this chapter. Activation and work assignments shall not be denied on an arbitrary or capricious basis. An application-based transportation worker may also file a complaint with the department over a transportation network company or delivery network company’s deactivation of the worker if the worker otherwise meets all of the prerequisites and certifications required by this chapter. Deactivation shall not be implemented without good cause. The department will hear the merits of the application-based transportation worker’s complaint consistent with section 10 of chapter 30A. The hearing officer may order the transportation network company or delivery network company to activate or re-activate the application-based transportation worker’s account as well as any other appropriate remedy. A decision of the hearing officer may be appealed under said chapter 30A. Nothing in this section shall preclude an application-based transportation worker from seeking vindication under common law, other state or federal law concerning a transportation network company or delivery network company’s deactivation or failure to activate their account. A consumer or application-based transportation worker aggrieved by a final order or decision of the department pursuant to subsection (d)(1)-(4) of this Section may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by section 14 of chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the division’s order or decision. (5) Any transportation network company or delivery network company, agent or person, who discriminates against any application-based transportation worker because such worker has made a complaint to the department or any other person or assists the department in any investigation under this section or has instituted or caused to be instituted any proceeding under or related to this section, or has testified or is about to testify in any such proceedings, shall be deemed to have violated this section and shall be punished or shall be subject to a civil citation or order prescribing restitution for all lost wages as well as compensatory damages by the department. Any current or former application-based transportation worker aggrieved of a violation of section (d) may, within 2 years, institute a civil action in the superior court. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section; (ii) activate or reactivate the application-based transportation worker to the same or to an equivalent position; (iii) compensate the application-based transportation work for three times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order payment by the transportation network company/delivery network company of reasonable costs and attorneys' fees. (e) The department shall have supervision of every affiliated company, including but not limited to servicing and parent companies, joint ventures or subsidiaries of a delivery network company/transportation network company, as hereinafter defined, with respect to all relations, transactions and dealings, direct or indirect, and shall make all necessary examination and inquiries and keep itself informed as to such relations, transactions and dealings as have a bearing upon the rates, financial condition and practices of such delivery network company or transportation network company. Such relations, transactions and dealings, including any payments by a delivery network company or transportation network company to such an affiliated company or by such an affiliated company to a delivery network company or transportation network company for property owned, leased or used by such carrier or such affiliated company for transportation purposes shall be subject to review and investigation by the department in any proceeding brought under this chapter, and the department may order such affiliated company to be joined as a party respondent with such carrier in such a proceeding. (1) Every affiliated company having such relations, transactions and dealings with the delivery network company or transportation network company with which it is affiliated shall make such annual or periodic reports, and in such form, as the department may by regulation prescribe, in order to give the department effective supervision over all such relations, transactions and dealings. Such a report may include, if so regulated by the department, service quality metrics, including but not limited to, reliability, efficiency, safety and accessibility. (2) Officers and employees of the department may be authorized by it to examine the books, contracts, records, documents and memoranda or the physical property of any affiliated company subject to this chapter with respect to any relations, transactions or dealings, direct or indirect, between such affiliated company and any company so subject, and, for any examination so authorized, shall be entitled to full access to the subject matter thereof. No such officer or employee shall divulge any fact or information coming to his knowledge during the course of such examination unless directed by the Department or by the court, or authorized by law. (3) For the purposes of this section, the term “affiliated companies” shall include any corporation, society, trust, association, partnership or individual: (a) controlling a delivery network company or transportation network company subject to this chapter either directly, by ownership of a majority of its voting stock or of such minority thereof as to give it substantial control of such company, or indirectly, by ownership of such majority or minority of the voting stock of another corporation, society, trust or association so controlling such company; (b) so controlled by a corporation, society, trust, association, partnership or individual controlling as aforesaid, directly or indirectly, the company subject to such chapter; or (c) standing in such a relation to a company subject to such chapter that there is an absence of equal bargaining power between the corporation, society, trust, association, partnership or individual and the company so subject, in respect to their dealings and transactions. (4) Whenever, in any proceeding before the department under Section 2A the reasonableness of any payment, charge, contract, or purchase, sale, obligation or other arrangement between a transportation network company/delivery network company and a company related to it as an affiliated company, as defined in paragraph (3), shall come into question, the burden of establishing and proving the reasonableness of such payment, charge contract, purchase, sale, obligation or other arrangement shall be upon such delivery network company or transportation network company. (5) The supreme judicial court shall have jurisdiction in equity to enforce compliance with this section and with all orders of the department made under authority thereof. (6) The department, though its duly authorized employees, may annually audit all, or any portion of, accounts of any delivery network company or transportation network company or group of delivery network companies or transportation network companies. (7) No action or order of the department shall in any manner impair the legal duties and obligations of a transportation network company or delivery network company or its legal liability for the consequences of its acts or of the neglect or mismanagement of any of its agents or servants. (8) If, in the judgment of the department, any transportation network company or delivery network company violates or neglects in any respect to comply with any law, and after written notice by the department, continues such violation or neglect or neglects to make returns as required by law, or to amend the same when lawfully required so to do, the department shall forthwith present the facts to the attorney general for action. (9) Whenever the department is of opinion that a transportation network company or delivery network company is failing or omitting or about to fail or omit to do anything required of it by law or by order of the department, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any order of the department, it shall direct its counsel to begin, subject to the supervision of the attorney general, an action or proceeding in the supreme judicial court in the name of the department for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction. (10) The department’s annual report will include reporting on transportation network company or delivery network company activities in the commonwealth, to the same extent as provided for other common carriers pursuant to section 43 of chapter 159. (11) The department shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the costs associated with the department’s transportation network company or delivery network company ratemaking, investigations, oversight and adjudications. The department may charge the transportation network company/delivery network company a reasonable fee to cover the costs. (f) A transportation network company or a delivery network company shall not raise base fares during a federal or a governor-declared state of emergency. (g) In consultation with state police, local law enforcement and the registry of motor vehicles, the department shall ensure the safety and annual inspection of vehicles utilized by application-based transportation workers working for transportation network companies or delivery network companies, including vehicle inspection pursuant to section 7A of chapter 90. An application-based transportation worker shall obtain a vehicle inspection at the driver’s next annual emissions testing or within 12 months of obtaining a transportation network company or delivery network company driver certificate, whichever comes first. (h) The department shall ensure the accommodation of riders with special needs. A transportation network company shall not impose additional charges or increase fares when providing services to persons with disabilities and all transportation network companies shall comply with applicable laws, rules and regulations relating to the accommodation of service animals. (j) A transportation network company shall provide an application-based transportation worker’s name, picture and the license plate number of the vehicle in use to a customer on any digital network used to facilitate a pre-arranged ride. (k) A delivery network company shall provide an application-based transportation worker’s name, picture, and license plate number of the vehicle, if any, in use to a customer on any digital network used to facilitate a pre-arranged delivery. (l) In consultation with the department, the Massachusetts Department of Transportation’s highway division shall provide for the issuance of electronic toll transponders set at the commercial vehicle rate to be issued by transportation network companies and delivery network companies to application-based transportation workers. The electronic toll transponders shall be used each time an application-based transportation worker provides transportation network services on a toll road, bridge or tunnel; provided, however, that the issuance of an electronic toll transponder pursuant to this subsection shall not prohibit an application-based transportation worker from establishing or maintaining an electronic toll transponder account for personal use. (m) In consultation with the department, transportation network companies and delivery network companies shall provide their transportation/delivery data to the Massachusetts Department of Transportation and the department shall cross-reference that data with its toll data to ensure that tolls incurred by an application-based transportation worker providing transportation/delivery services are paid at the commercial rate through the pay by plate system and through the electronic transponder system. (n) A transportation network company or delivery network company shall notify the Department upon receipt of information that an application-based transportation worker utilizing its network has violated a law or rule or regulation related to the provision of transportation/delivery services or that the application-based transportation worker is not suitable to provide transportation/delivery services. (o) If, after the Department issues a background check clearance certificate, the Department is notified by a transportation network company or delivery network company, law enforcement or government entity that an application-based transportation worker is unsuitable and the Department verifies the unsuitability, the Department shall immediately revoke or suspend the background check clearance certificate and shall notify the application-based transportation worker and each transportation network company or delivery network company who issued the application-based transportation worker a certificate that the background check clearance certificate has been revoked or suspended. The Department shall issue rules and regulations to establish a process for an application-based transportation worker to appeal a revocation or suspension. The rules or regulations shall include an opportunity for a hearing and a decision, in writing, addressing the reasons for overturning or sustaining the Department’s findings. An application-based transportation worker aggrieved by a final order or decision of the department pursuant to this subsection may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by section 14 of chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the division’s order or decision. Section 2B. Transportation network companies and delivery network companies may be subject to municipal regulation. An application-based transportation worker assigned to a base location–as defined by SECTION 1 of this Act [c. 149, s. 148E(a)]– within the limits of a city or town– shall obtain a license for such operation from the city council of such city and its mayor or the selectmen of such town, in this chapter called the licensing authority. The amount of the fee for any such license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7 for the filing thereof and shall not be unduly burdensome. Such license may limit the number of vehicles to be operated thereunder for good cause. Any application-based transportation worker who is receiving a license under this section and operating a vehicle or vehicles thereunder, shall, in respect to such operation, be subject to such orders, rules or regulations as shall be adopted by the licensing authority under this chapter. No license, certificate or permit shall be required under this chapter in respect to such carriage of passengers as is exclusively interstate. If any application for a license under this section is not favorably acted upon within a period of sixty days after the filing thereof, the applicant may appeal to the Department within five days following the expiration of said period or, if notice of unfavorable action is sooner given, within five days of said notice, upon a petition in writing setting forth all the material facts in the case. The Department shall hold a hearing on each such appeal, requiring due notice to be given to all interested parties. If the Department approves the action of the licensing authority, it shall issue notice to that effect, but if the Department disapproves of said action, it shall act as a licensing authority and may issue a license which shall specify the route or routes on which a motor vehicle subject to this section may be operated and the number of vehicles which may be operated under such license. (a) An application-based transportation worker shall obtain a concurrent license from the Department. The Department shall charge a nominal fee for the issuance of an original permit and for the renewal thereof, the amount of which shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7 for the filing thereof. (b) After public notice and hearing, the department or the municipal licensing authority may, for good and sufficient reasons to be stated in the order of revocation, revoke in whole or in part such a license issued by such authority, but unless within thirty days after any such order of revocation, except an order made by the department or licensing authority, the licensee consents thereto in writing, such order shall not be valid until approved by the department after public notice and hearing. (c) The department may, in order to provide for unusual, sudden or unforeseen transportation needs, or to avoid interruption of existing transportation facilities, issue such temporary application-based transportation licenses as it deems that public convenience and necessity to serve more than one municipality. An applicant for such temporary license shall serve a copy of the application on the town or city that the applicant has designated a base location. All temporary licenses issued under this section shall be limited to such period as the department shall specify, not exceeding 120 days. No such license shall be renewed, nor shall more than one such license for substantially the same route be granted to the same person because of the same emergency. (d) Each application-based transportation worker shall at all times, upon request, furnish any information required by the department or its duly authorized employees relative to the condition, management and operation of transportation network companies or delivery network companies for which the worker provides transportation or delivery services, and shall comply with all lawful orders of the department. Every such application-based transportation worker neglecting to provide such information within the time prescribed as aforesaid, or to amend said information within 15 days of the date of any notice to do so. (e) The licensing authority in any city or town may, in respect of matters not treated of in the provisions of law governing the operation of motor vehicles under this chapter or rules established by the department, adopt rules and regulations governing such operation. After the adoption of any such rules and regulations, any transportation network company or delivery network company operating such a motor vehicle as authorized by this chapter, may petition the department for the alteration, amendment or revocation of any such rule or regulation. The department, upon such petition, after notice to the licensing authority and a hearing, may alter, amend or revoke such rule or regulation and establish in place thereof rules and regulations thereafter to be observed in such city or town. Thereafter, the department, upon its own initiative or upon petition of the mayor of such city or the selectmen of such town, or of transportation network company or delivery network company in such city or town, may alter, amend or revoke any rule or regulation established by the department, and may adopt rules and regulations in substitution thereof. SECTION 4. Said chapter 159A1/2 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:- Section 3. (a) Applicants to operate a transportation network company or delivery network company platform shall demonstrate that the transportation network company or delivery network company: (i) has an oversight process in place to ensure that the transportation network company or delivery network company provides sufficient insurance coverage to all application-based transportation workers using the delivery network company’s/transportation network company’s digital network, as required by this chapter and section 228 of chapter 175, and otherwise complies with all laws, rules and regulations concerning transportation network vehicles and drivers; (ii) has an oversight process in place to ensure that each application-based transportation worker using the transportation network company’s/delivery network company’s digital network has, pursuant to section 4, successfully completed a background check, maintains a valid background check clearance certificate, is a suitable driver and has a transportation network company/delivery network company certificate; (iii) has a digital network to pre-arrange services employs a clear and conspicuous explanation of the total cost and pricing structure, including every fair schedule, charge, incentive and its applicability by region and time, applicable to each pre-arranged ride before the ride begins; (iv) does not use excessive minimum or base rates, surge pricing, charges or fees; (v) has an oversight process in place to ensure that tolls incurred by an application-based transportation worker providing transportation/delivery network services through its digital network are paid at the commercial rate by the transportation network company/delivery network company including the utilization of the electronic toll transponder issued pursuant to subsection (j) of Section 2A and the data cross-reference pursuant to subsection (k) of said Section 2A; (vi) has an oversight process in place to ensure that the company digital network accommodates customers with special needs, including customers requiring wheelchair accessible vehicles, in all areas served by the transportation network company/delivery network company, comply with all applicable laws regarding nondiscrimination against customers or potential customers and ensure the accommodation of customers with special needs including, but not limited to, all applicable laws, rules and regulations relating to the accommodation of service animals and application accessibility; (vii) has a process in place to ensure that it shall: (1) maintain and update, pursuant to regulations promulgated by the department, an electronic, searchable roster, in a technology and format prescribed by the department, that includes each application-based transportation worker certified by the transportation network company/delivery network company to provide pre-arranged rides and/or delivery services using the transportation network company/delivery network company digital network, including their current address, phone and email contacts, and their base location, as defined in SECTION 1 of this Act [c. 149, s. 148E(a)]; (2) upon request and with appropriate legal process, provide those rosters to the department, the registry of motor vehicles and to state and local law enforcement; (3) maintain and update those rosters as required by the department; (4) comply with all requests for information from the Department regarding the roster, including verification of completion of a background check as required pursuant to clause (ii). Provided, however, that the transportation network company’s or delivery network company’s rosters including the name, address, phone, email contacts and base location shall not be a public record subject to disclosure under chapter 66. Provided further, that a labor organization or other non-profit corporation who advocates on behalf of application-based transportation workers, provide work-related benefits to application-based transportation workers, represent workers in the transportation and delivery industries or engage in advocacy to improve the working conditions of low income, contingent workers in the commonwealth, including but not limited to application-based transportation workers, and whose written aims and objectives on file with the department of labor relations or the secretary of the commonwealth specifically address their representation and advocacy efforts on behalf of application-based transportation and gig economy workers, may petition the department for an roster of a transportation network company or delivery network company including application-based transportation worker names, addresses, phones and email contacts by base location and the department shall provide the roster in an electronic, searchable format; (viii) has established a toll-free customer service hotline that shall be capable of responding to public, application-based transportation worker and customer questions and complaints and that the hotline number shall be conspicuously posted along with the hours of operation on the applicant’s website and within the applicant’s digital network application; provided, however, that the department shall develop metrics concerning customer, application-based transportation worker, and consumer complaints, which shall be reported quarterly by transportation network companies or delivery network companies to the department and shall promulgate regulations concerning the investigation of complaints and compliance with these metrics; (ix) has established procedures governing the safe provision of services compliant with state and federal law to disabled people, including but not limited to, pickup, transfer, and delivery of individuals with visual impairments and individuals who use mobility devices, including but not limited to wheelchairs, crutches, canes, walkers, and scooters; provided, however, that the department shall develop metrics concerning the provision of services to the disabled, transportation network company or delivery network companies shall be report quarterly to the department on compliance with the metrics; provided, however, that the department shall promulgate regulations concerning the investigation of complaints and compliance with these metrics; (x) has established procedures, policies, protocols and practices, including but not limited to trainings and the implementation of a panic-button system linked to both the transportation network company/delivery network company and local law enforcement, to promote the safety of its application-based transportation workers and customers; provided, however, that the department shall develop metrics concerning customer, application-based transportation worker and consumer safety-related complaints, training, and implementation and utilization of the panic button system which shall be reported quarterly to the department and shall promulgate regulations concerning the investigation of complaints and compliance with these metrics; and (xi) has an oversight process in place to ensure that application-based transportation network workers with vehicles registered outside of the commonwealth meet the requirements of this chapter. (b) After obtaining the information required under clause (ii) of subsection (c) of section 4, the Department shall determine whether the application-based transportation worker has committed an offense that would disqualify him/her from providing transportation network company/delivery network company services, according to the Department’s rules, orders and regulations. The department shall determine if the application-based transportation worker applicant is suitable and, if determined to be suitable, shall provide the transportation network company/delivery network company and the application-based transportation worker with a background check clearance certificate. The department shall conduct a background check pursuant to clause (ii) of subsection (c) of section 4 not less than annually. If the department finds that a application-based transportation worker is not suitable under the annual background check, the department shall notify the application-based transportation worker and each relevant transportation network company/delivery network company that the background check clearance certificate is revoked or suspended. (c) The department shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the costs associated with the Department’s review of an application for a transportation network company/delivery network company operations permit, for renewal of the permit and to issue background check clearance certificates, and for oversight, investigation, compliance, and enforcement of transportation network company/delivery network company reporting requirements and metrics. The department may charge the transportation network company/delivery network company a reasonable fee to cover the costs. SECTION 5. Said chapter 159A1/2 is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:- Section 5. (a) Each transportation network and delivery network company shall carry adequate insurance, as required by this chapter and section 228 of chapter 175, for each vehicle being used to provide transportation and delivery services through a transportation network company or delivery network company’s digital network. (b) A transportation network company/delivery network company shall carry adequate insurance for each vehicle being used to provide transportation and delivery network services in association with an application-based transportation worker driver’s certificate. An application-based transportation worker shall carry proof of adequate insurance provided by a transportation network company/delivery network company for whom he/she provides services, as required by section 228 of chapter 175, at all times while providing transportation and/or delivery services on behalf of the transportation network company/delivery network company. In the event of an incident giving rise to personal injury or property damage, an application-based transportation worker shall provide insurance coverage information to directly interested parties, automobile insurers and law enforcement. Upon request, a transportation network driver shall disclose to directly interested parties, automobile drivers, automobile insurers and law enforcement whether the driver was providing transportation network services at the time of the incident. Nothing in this Section exempts an application-based transportation worker from the commonwealth’s minimum vehicle insurance requirements while driving a vehicle at any time he/she is not providing services on behalf of a transportation network company/delivery network company. (c) Automobile liability insurance providers offering coverage to a transportation network company/delivery network company to comply with subsection (a) or (b) shall cover all application-based transportation workers providing transportation and delivery services for compensation on behalf of the transportation network company/delivery network company; their insurance policies will cover all times when an application-based transportation worker is in a vehicle and logged on to the transportation network company/delivery network company digital network and driving on behalf of the transportation network company/delivery network company. (d) A transportation network company/delivery network company shall disclose, in writing, to a prospective application-based transportation worker, before certifying the application-based transportation worker to provide transportation and/or delivery services through the transportation network company/delivery network company digital network: (i) the insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company/delivery network company provides while the application-based transportation worker provides transportation or delivery network services; and (ii) a statement that the application-based transportation worker’s own automobile insurance policy does not provide coverage while the driver is providing transportation and/or delivery network services. (e) In a claims coverage investigation, a transportation network company/delivery network company, a application-based transportation worker and an insurer responding to a claim involving a transportation network company/delivery network company shall disclose to each other a clear description of the coverage, exclusions and limits provided under an automobile insurance policy maintained under this section and shall cooperate to facilitate the exchange of relevant information with directly involved parties including, but not limited to, the precise times that a application-based transportation worker logged on and off of the transportation network company/delivery network company’s digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident. SECTION 6. Said chapter 159A1/2 is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:- Section 8. (a) The department shall require a transportation network company/delivery network company to maintain certain records, in addition to the records required by clause (vii) of subsection (a) of section 3 including, but not limited to, records pertaining to incidents reported to the transportation network company/delivery network company relative to a application-based transportation worker, customer, or other impacted individual, records pertaining to accessibility, and records pertaining to pricing. The department shall issue guidelines on the content, maintenance, and disclosure of incident reports, accessibility data and complaints, and pricing. A transportation network company/delivery network company shall retain the incident reports for not less than 7 years. Each transportation network company or delivery network company or applicant to operate as a transportation network company or delivery network company shall furnish all information and documents related to the condition, management and operation of the company upon the department’s request; provided, however, that any such request shall be reasonably related to the requirements set forth in this chapter and the rules and regulations promulgated under this chapter. The failure to maintain or furnish information to the Department within a timeline to be determined by the department shall, barring a showing of good cause, constitute cause to not issue, suspend or revoke a transportation network company/delivery network company permit pursuant to section 6. (b) A transportation network company/delivery network company shall provide to the department a detailed monthly accounting of application-based transportation worker and customer complaints received under clause (viii) of subsection (a) of section 3 and the actions the company has taken, if any, to resolve said complaints. (c) In response to a specific complaint alleging criminal conduct against any application-based transportation worker or customer, a transportation network company or delivery network company shall, upon request and after being served with appropriate legal process, provide information to a requesting law enforcement agency necessary to investigate the complaint, as determined by the law enforcement agency. Transportation network company and delivery network companies shall, after being served with appropriate legal process, cooperate with law enforcement and provide information related to an alleged criminal incident including, but not limited to, trip specific details regarding origin and destination, length of trip, GPS coordinates of route, driver identification and, if applicable, information reported to the transportation network company/delivery network company regarding the alleged criminal activity by a application-based transportation worker or customer, to the appropriate law enforcement agency upon receipt of a specific complaint alleging criminal conduct against any application-based transportation worker or customer. (d) Any record furnished to the department shall exclude information identifying application-based transportation workers or customers, unless the Department explains, in writing, to the transportation network company/delivery network company why the information is necessary for the enforcement processes established in this chapter. (e) Any record furnished to the department or other state agency by a transportation network company/delivery network company pursuant to this chapter including, but not limited to, the roster of permitted application-based transportation workers, shall not be considered a public record as defined in clause Twenty-sixth of section 7 of chapter 4 or chapter 66. An application for a transportation network company/delivery network company permit submitted pursuant to this chapter shall be a public record as defined in said clause Twenty-sixth of said section 7 of said chapter 4 or said chapter 66. SECTION 7. Said chapter 159A1/2 is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:- Section 9. Nothing in this chapter shall require a transportation network company/delivery network company to issue a driver certificate to a application-based transportation worker applicant who fails to meet the requirements of this chapter or prevent the transportation network company/delivery network company from suspending, revoking or otherwise terminating an application-based transportation worker from its digital network for failure to meet the requirements of this chapter. Any application-based transportation worker whose driver certificate is suspended, revoked or otherwise terminated or application-based transportation worker applicant who denied a driver certificate on the grounds that they do not meet the criteria for certification under this Section may appeal the same to the department under Section 2B(o) of this Chapter. SECTION 8. Section 10 of said chapter 159A1/2 is hereby repealed. SECTION 9. Said chapter 159A1/2 is hereby amended by striking out section 12, as inserted by section 23 of chapter 176 of the acts of 2022, and inserting in place thereof the following section:- Section 12. (a) On the first day of each month, each transportation network company shall submit to the Department, in a format approved by the Department, data related to each pre-arranged ride provided in the month prior to the previous month and shall include for each pre-arranged ride: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the customer for the ride; (iv) the universally-unique identifier associated with the application-based transportation worker; (v) the application-based transportation worker’s city or town of residence as appearing on the driver's license; (vi)whether the customer requested a shared ride but was not successfully matched with another customer; (vii) whether the customer requested accommodation for special needs; (viii) whether the transportation service was provided by a wheelchair accessible vehicle; (ix) whether there were any application-based transportation worker or customer-initiated cancellations; (x) the total time that the application-based transportation worker spent on the way to pick up the customer; (xi) the total time that the application-based transportation worker spent providing the pre-arranged transportation service; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride/delivery; (xiii) the total mileage driven by the application-based transportation worker while on the way to pick up the customer; (xiv) the total mileage driven by the application-based transportation worker while providing the pre-arranged transportation/delivery service; (xv) the transportation network company vehicle license plate; (xvi) whether the application-based transportation worker is a professional driver, as advertised by the transportation network company; and (xvii) whether the pre-arranged transportation service was advertised by the transportation network company as a luxury or premium ride, regardless of whether the transportation network vehicle was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, the factors that were considered in that designation, including, but not limited to, vehicle make, model, year and, if available, trim, whether the transportation network driver was a professional driver, as advertised by the transportation network company and whether the ride was available by an exclusive membership option. (b) On the first day of each month, each delivery network company shall submit to the department, in a format approved by the department, data related to each pre-arranged delivery provided in the month prior to the previous month and shall include for each pre-arranged delivery: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the customer for the delivery services; (iv) the universally-unique identifier associated with the application-based transportation worker; (v) the application-based transportation worker’s city or town of residence as appearing on the driver's license; (vi) specific to a delivery network company, whether the application-based transportation worker engaged in selection of products, packing and transportation or any portion of the service; (vii) whether the customer requested any accommodations for special needs; (viii) specific to a delivery network company, whether the application-based transportation worker provided the accommodation; (ix) whether there were any application-based transportation worker or customer-initiated cancellations; (x) the total time that the application-based transportation worker spent selecting, packing or on the way to pick up the items for delivery; (xi) the total time that the application-based transportation worker spent providing the pre-arranged delivery services; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged delivery, provided at intervals of not less than every 60 seconds of the pre-arranged delivery; (xiii) the total mileage driven by the application-based transportation worker while on the way to pick up the delivery; (xiv) the total mileage driven by the application-based transportation worker while providing the pre-arranged delivery service; (xv) the application-based transportation worker’s vehicle license plate; and (xvi) whether the pre-arranged ride was advertised by the delivery network company as providing expedited or other premium service. (c) The department may obtain additional ride/delivery data from a transportation network company/delivery network company for the purposes of congestion management, which may include, but shall not be limited to: (i) the total number of application-based transportation workers that utilized the transportation network company/delivery network company digital network within specified geographic areas and time periods as determined by the division; and (ii) the total time spent and total miles driven by application-based transportation workers in such geographic areas or time periods as determined by the Department while (A) on the way to pick up a customer or (B) engaged in a pre-arranged ride/delivery. The Department shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data. (d) Annually, not later than June 30, the department shall post on its website, in aggregate form, the total number of rides provided by all transportation network companies and all deliveries provided by all delivery network companies that that originated in each city or town, each city or town where the rides/deliveries originating in each city or town terminated and the average miles and minutes of the rides/deliveries that originated in each city or town and terminated in each other respective city or town. (e) For the purposes of congestion management, transportation planning or emissions tracking, as well as any other beneficial use in the interest of the Commonwealth, its subdivisions, and/or its municipalities, the Department may enter into data-sharing agreements to share electronic, de-identified trip-level data received by the Department pursuant to this section with the executive office of technology services and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection, a regional transit authority established under section 3 of chapter 161B, municipalities serviced by transportation network companies or delivery network companies, a regional planning agency in the commonwealth and a metropolitan planning organization in the commonwealth. The Commonwealth will provide versions of this data, redacted to address the reasonable privacy concerns of both application-based transportation workers and consumers only to the extent absolutely necessary to individuals and organizations within the Commonwealth who are stakeholders upon request and a reasonable showing of interest in the data. The department shall prescribe the form and content of a data-sharing agreement under this subsection, the manner of transmitting the information and the information security measures that shall be employed by an entity receiving the data under any such data sharing agreement. A data-sharing agreement shall specify that the information provided by the Department shall be aggregated and de-identified and may be used only for the purposes set forth in the agreement. Any data received by an entity from the Department through a data-sharing agreement under this subsection shall be considered a public record under section 7 of chapter 4 and chapter 66 and shall be subject to reasonable limitations on dissemination for profit. SECTION 10. Said chapter 159A1/2 is hereby further amended by striking out section 12, as inserted by section 8, and inserting in place thereof the following section:- Section 13. (a) The department shall establish a program to reduce greenhouse gas emissions from transportation network companies or delivery network companies. To the extent permitted under federal law, the program shall establish requirements for transportation network companies or delivery network companies including, but not limited to, vehicle electrification and greenhouse gas emissions requirements. Such requirements shall include, but not be limited to, a requirement for said companies to submit biennial plans to gradually increase zero-emission transportation network vehicles and reduce greenhouse gas emissions to meet goals set by the executive office of energy and environmental affairs. If the Department determines that vehicle electrification requirements alone would be sufficient to achieve the greenhouse gas emissions goals set by the executive office of energy and environmental affairs, then it may establish requirements for vehicle electrification without establishing separate requirements for greenhouse gas emissions. The department shall, to the extent practicable, minimize any negative impacts of the program on application-based transportation workers from neighborhoods and municipalities that have an annual median household income of not more than 65 per cent of the statewide annual median household income. (b) The department shall establish regulations to implement the program established in this section. SECTION 10. Section 12 shall take effect on 01/01/2024.

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An Act relative to parental choice for medically fragile students

H1159

HD2922

{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T13:13:31.26'}

[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T13:13:31.26'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-01T14:52:02.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1159/DocumentHistoryActions

Bill

By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 1159) of Tommy Vitolo relative to health insurance coverage for certain medically fragile students. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:- Section 33. 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 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 is hereby amended by inserting after section 47TT the following section:- Section 47UU. 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 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 is hereby amended by inserting after section 8UU the following section:- Section 8VV. 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 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 is hereby amended by inserting after section 4OO the following section:- Section 4PP. 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 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 5. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:- Section 4HH. 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 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 33 of chapter 32A, section 47UU of chapter 175, section 8VV of chapter 176A, section 4PP of chapter 176B, and section 4HH of chapter 176G of the General Laws which are delivered, issued or renewed on or after January 1, 2015 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 8. This act shall take effect on January 1, 2024.

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An Act relative to research by independent testing laboratories

H116

HD2796

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:30:13.16'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:30:13.16'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H116/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 116) of David M. Rogers relative to research by independent testing laboratories under the marijuana law. Cannabis Policy.

Section 1 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “for which it conducts a test,” the following new words:- except that it may have a financial interest in a marijuana establishment licensed by the Commission to conduct research. Subsection (a)(5) of section 15 of chapter 94G of the General Laws, as so appearing, is hereby amended by inserting after the word “marijuana establishment” the following new words:- except that it may have a financial interest in a marijuana establishment licensed by the Commission to conduct research

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An Act relative to direct primary care

H1160

HD1255

{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:09:19.603'}

[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:09:19.6033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1160/DocumentHistoryActions

Bill

By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 1160) of Thomas P. Walsh for legislation to prohibit denials of certain payments for health care service. Financial Services.

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding at the end thereof Section 31. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network. SECTION 2. Chapter 32B of the General Laws is hereby amended by adding at the end the following new section: Section 30. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network. SECTION 3. Section 9 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking the following words in lines 31-32 of paragraph (b):- “in a single dose or in a quantity” and; By striking in line 35 the words, “essential for the treatment of a patient” and add the words, “which is for a legitimate medical purpose by a practitioner acting in the usual course of his professional practice.” and; By striking in lines 35-39 the words, “The amount or quantity of any controlled substance dispensed under this subsection shall not exceed the quantity of a controlled substance necessary for the immediate and proper treatment of the patient until it is possible for the patient to have a prescription filled by a pharmacy.”; and By striking in lines 91-93 of paragraph (e) the lines “and shall be except from the requirement that such dispensing be in a single dose or as necessary for immediate and proper treatment under subsection (b). SECTION 4. Section 19 of said chapter 94C shall be amended by inserting in line 6 of paragraph (a) after the word “prescription” “or practitioner who dispenses the controlled substance.” SECTION 5. Section 118E of the General Laws of the General Laws is hereby amended by adding after Section 13C the following new section: Section 13C½. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network SECTION 6. Chapter 175 of the General Laws is hereby amended by adding the following new section: Section 47QQ. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network SECTION 7. Chapter 176A of the General Laws of the General Laws is hereby amended by adding at the end the following new section: Section 39. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network SECTION 8. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new section: Section 26. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network SECTION 9. Chapter 176G of the General Laws of the General Laws is hereby amended by adding at the end the following new section: Section 34. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network SECTION 10. Chapter 176I of the General Laws of the General Laws is hereby amended by adding at the end the following new section: Section 14. A carrier may not deny payment for any health care service covered under an enrollee’s health plan based solely on the basis that the enrollee’s referral was made by a provider who is not a member of the carrier’s provider network SECTION 11. Section’s 1-2 and 5-10 of this Act shall be effective for all contracts which are entered into, renewed, or amended one year after its effective date.

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An Act to improve sickle cell care

H1161

HD2269

{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-19T12:00:34.26'}

[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-19T12:00:34.26'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:00:34.4466667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-09T16:39:04.8733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-03T11:39:07.99'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-09-05T11:25:55.4233333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-09-05T11:25:55.4233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-09-05T11:25:55.4233333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-09-05T11:25:55.4233333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-09-05T11:25:55.4233333'}]

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:00:34.26'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1161/DocumentHistoryActions

Bill

By Representatives Williams of Springfield and Rogers of Cambridge, a petition (accompanied by bill, House, No. 1161) of Bud L. Williams, David M. Rogers and Rob Consalvo for legislation to to improve sickle cell disease care. Financial Services.

SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section: Section 10O. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- (1) "Iatrogenic infertility", in impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes, including without limitation treatment for sickle cell disease. (2) "Physician", an individual licensed to practice under section 2 of chapter 112. (3) "Qualified enrollee", an individual who: (A) is enrolled in the MassHealth program pursuant to section 9; (B) has been diagnosed with a form of cancer or other disease by a physician; (C) needs treatment for that cancer or other disease that may cause substantial risk of sterility or iatrogenic infertility, including surgery, radiation, or chemotherapy; and (D) has a primary illness that has impaired the patient’s fertility and ability to reproduce normally. (4) "Standard Fertility Preservation Services", procedures based upon current evidence-based standards of care established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other national medical associations that follow current evidence-based standards of care, and includes the retrieval and storage of two complete oocyte cycles and the collection and storage of two sperm samples. (b)(1) Before January 1, 2024, the division of medical assistance shall apply for a Medicaid waiver or a state plan amendment with the Centers for Medicare & Medicaid Services of the United States Department of Health and Human Services to implement the coverage described in subsection (b). (2) If the waiver or state plan amendment described in subsection (a) is approved, MassHealth shall provide coverage to a qualified enrollee for standard fertility preservation services. (c) Before November 1, 2025, and before November 1 of each third year after 2025, the division of medical assistance shall calculate the change in state spending attributable to the coverage described in subsection (b)(2), and report this amount to house and senate committees on ways and means Commercial Insurance Coverage for Fertility Preservation Services SECTION 2. (a) Notwithstanding any general or special law to the contrary, any policy, contract or certificate of health insurance subject to chapters 32A, 175, 176A, 176B, 176G, 176I, 176J or 176Q of the General Laws must provide coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee. (b) In determining coverage pursuant to this section, an insurer shall not discriminate based on an individual's expected length of life, present or predicted disability, degree of medical dependency, quality of life, or other health conditions, nor based on personal characteristics, including age, sex, sexual orientation, or marital status. (c) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Iatrogenic infertility”, in impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes, including without limitation treatment for sickle cell disease. “May directly or indirectly cause”, the likely possibility that treatment will cause a side effect of infertility, based upon current evidence-based standards of care established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other national medical associations that follow current evidence-based standards of care. “Standard fertility preservation services”, procedures based upon current evidence-based standards of care established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other national medical associations that follow current evidence-based standards of care, and includes the retrieval and storage of two complete oocyte cycles and the collection and storage of two sperm samples. STATEWIDE SCD STEERING COMMITTEE SECTION 3. (a)(1) Notwithstanding any general or special law to the contrary, there is hereby established a Statewide Steering Committee on Sickle Cell Disease within the department of public health. (2) The Steering Committee under this section shall consist of: (A) two representatives from the Massachusetts Sickle Cell Disease Association including the Executive Director or their designee; (B) three medical professionals from major Sickle Cell Disease treatment centers in the commonwealth who shall be appointed by the commissioner; (C) the Executive Director of the Massachusetts Association of Community Health Workers or their designee; (D) the President of the Massachusetts Chapter of the National Association of Social Workers or their designee; (E) two members who shall be appointed by the commissioner, one of whom shall be an expert on the biology of the disease, and one of whom shall be an expert on the psycho-social aspect of the disease; (F) two representatives of the department of elementary and secondary education who shall be appointed by the commissioner, including one of whom is knowledgeable about the right to comparable education, supportive services and accommodations under section 504 of the Rehabilitation Act of 1973; (G) one representative of the Black and Latino Caucus who shall be appointed by the commissioner; (H) one representative of the Asian Caucus who shall be appointed by the commissioner; (I) two sickle cell disease patients who shall be appointed by the Governor, one of which shall be over 25 years in age and the other shall be between 18 and 25 years in age; (J) a parent of a minor child with sickle cell disease who shall be appointed by the Governor; (K) a parent of a secondary or post-secondary school age youth with sickle cell disease who shall be appointed by the commissioner; and (L) one representative who has a background in racial health disparities who shall be appointed by the Governor. The representatives of nongovernmental organizations shall serve staggered 3–year terms. Vacancies of unexpired terms shall be filled within 60 days by the appropriate appointing authority. (3) The Steering Committee under this section shall: (A) establish institution and community partnerships, including hospitals, and institutions of higher education; (B) establish a statewide network of stakeholders, including parents, home health care providers, school-based nurses, and the Massachusetts Sickle Cell Disease Association who are committed to care for individuals with sickle cell disease collaboratively in an inclusive setting; (C) establish a statewide network of racially and culturally competent stakeholders who include general and special education administrators and teachers and paraprofessionals; (D) oversee the development of educational materials for individuals with sickle cell disease, the public, and health care providers about the assistance available to such individuals in the commonwealth, including local school district responsibilities for care of such individuals; (E) identify funding sources for implementing or supporting the actions, studies, policies required by federal and state laws and regulations, or recommended by the Steering Committee, including funding from: (i) state, federal, and local government sources; and (ii) private sources; (F) investigate and report on a standard of basic, multidisciplinary care for patients across the commonwealth; and (G) establish subcommittees as appropriate. (4) The department may, in consultation with the Statewide Steering Committee, provide services relating to sickle cell disease, including: (A) educational programs on sickle cell disease for individuals affected by the disease, including: (i) education on the rights of individuals with sickle cell disease, such as, without limitation, the right not to be discriminated against and the right to receive appropriate educational programming, health related services and accommodations necessary to access such programming and services; (ii) expectations, options, and responsibilities of families of individuals with sickle cell disease; (iii) challenges and responsibilities of caregivers of individuals with sickle cell disease; (iv) obligations of employees at primary and secondary schools; and (v) challenges and responsibilities of health care providers; (B) social services support to individuals with sickle cell disease, including support from social workers and community health workers to provide information on services that may be available to the individual; (C) hemoglobin electrophoresis or genetic testing for the presence of sickle cell disease; (D) genetic counseling; (E) assistance with any available reimbursement for medical expenses related to sickle cell disease; (F) education and counseling services for parents and other family members and caretakers after the receipt of sickle cell trait test results from the Newborn Screening Program as required by section 270.006(A)(2)(e) of chapter 105, Code of Massachusetts Regulations, provided that, with the consent of parents and other family members and caretakers, such services may be provided in whole or in part by the Massachusetts Sickle Cell Disease Association; and (G) any other programs or services that are necessary to decrease the use of acute care services by individuals who have sickle cell disease. (5) The department shall, in consultation with any other agency of the commonwealth as the department determines appropriate, provide the services in paragraph (4) through community–based organizations, including specifically, pre-K, elementary and secondary schools as well as institutions for higher education for all affected school-age children, youth, and older students to the extent practicable. (6) The Steering Committee, in conjunction with the department and other relevant stakeholders, shall study and make recommendations on: (A) how to enhance access to services for individuals with sickle cell disease with a focus on areas in the commonwealth where there is a statistically high number of individuals with sickle cell disease or in areas where there is a lack of providers with expertise in treating sickle cell disease; (B) whether to establish a sickle cell disease registry, and if recommended, the process and guidelines for establishing a registry and obtaining information consistent with informed consent and protecting data privacy; (C) how to enhance the coordination of health care services for individuals with sickle cell disease who are transitioning from pediatric to adult health care, including the identification of available resources for individuals who are transitioning; and (D) how to engage with community–based health fairs and other community–sponsored events in areas with a statistically high number of individuals with sickle cell disease to provide outreach and education on living with sickle cell disease and how to access health care services. (b) The department shall, in consultation with the Steering Committee, establish and implement a system the provides information on the sickle cell trait to any individual who has the sickle cell trait and, if the individual is a minor, to the individual’s family. (c) The department shall include the following in the information provided under subsection (b): (1) how the sickle cell trait impacts the health of an individual with the trait; (2) how the sickle cell trait is passed from a parent to a child; and (3) implications for pregnancy. (d) The department shall maintain in a conspicuous location on its website a list of resources for health care practitioners to use to improve their understanding and clinical treatment of individuals with sickle cell disease or the sickle cell trait, including information on the health impacts of carrying the sickle cell trait. (e) For the purposes of this section, the following word shall, unless the context clearly requires otherwise, have the following meaning:- “Steering Committee”, the Statewide Steering Committee on Sickle Cell Disease. SICKLE CELL DISEASE DETECTION AND EDUCATION PROGRAM (ADULT SCREENING AND EDUCATION- RELATED GRANTS) SECTION 4. (a) Notwithstanding any general or special law to the contrary, there is hereby established within the department of public health the sickle cell disease detection and education program to: (1) promote screening and detection of sickle cell disease, especially among unserved or underserved populations; (2) educate the public regarding sickle cell disease and the benefits of early detection; and (3) provide counseling and referral services. (b) The program under this section shall include: (1) establishment of a statewide public education and outreach campaign to publicize evidence-based sickle cell disease screening, detection and education services. The campaign shall include: general community education, outreach to specific underserved populations, evidence based clinical sickle cell disease screening services, and an informational summary that shall include an explanation of the importance of clinical examinations and what to expect during clinical examinations and sickle cell disease screening services; (2) provision of grants to approved organizations pursuant to subsection (c) and for community based organizations pursuant to subsection (d); (3) compilation of data concerning the program and dissemination of such data to the public; and (4) development of health care professional education programs including the benefits of early detection of sickle cell disease and clinical examinations, the recommended frequency of clinical examinations and sickle cell disease screening services, and professionally recognized best practices guidelines. (c)(1) Under the program, the commissioner of public health shall make grants in amounts appropriated to approved organizations for the provision of services relating to the evidence-based screening and detection of sickle cell disease as part of this program. The services required to be provided under such grants shall include: (A) promotion and provision of early detection of sickle cell disease, including clinical examinations and sickle cell disease screening services; (B) provision of counseling and information on treatment options and referral for appropriate medical treatment; (C) dissemination of information to unserved and underserved populations as determined by the commissioner, to the general public and to health care professionals concerning sickle cell disease, the benefits of early detection and treatment, and the availability of sickle cell disease screening services at no cost to such populations; (D) identification of local sickle cell disease screening services within the approved organization's region; (E) provision of information, counseling and referral services to individuals diagnosed with sickle cell disease; and (F) provision of information regarding the availability of medical assistance, including medical assistance for an individual who is eligible for such assistance pursuant to section 9 of chapter 118E of the General Laws, to an individual who requires treatment for sickle cell disease. (2) The commissioner shall give notice and provide opportunity to submit applications for grants under the program. In order to be considered for a grant, an applicant must show evidence of the following, relating to the services the applicant proposes to provide: (A) ability to provide and to ensure consistent and quality services under the program; (B) expertise in providing the service; (C) capacity to coordinate services with physicians, hospitals and other appropriate local institutions or agencies; (D) ability to provide the service to unserved or underserved populations; and (E) ability to provide the service in accordance with the standards specified in subdivision three of this section. Applications shall be made on forms provided by the commissioner. (3) The commissioner shall develop standards for the implementation of grants under the program by approved organizations, which shall ensure the following: (A) integration of the approved organization with existing health care providers; (B) maximizing third party reimbursement; and (C) provision of services to unserved or underserved populations. (4) Within the amounts of state or federal funds appropriated for the program, approved organizations may be authorized by the department to provide such services for populations served under this title. Services may include evidence based screening, patient education, counseling, follow-up and referral. (5) Every organization receiving grants under this subsection shall submit to the commissioner, on or before October first of each year, a report of such organization's activities, including an assessment of the organization's programs and such data as the commissioner deems relevant and necessary to accomplish the purposes of the program (d)(1) Under the program, the commissioner shall make grants within amounts appropriated for community based organizations to provide post-diagnosis counseling, education and outreach programs for persons diagnosed with sickle cell disease based upon criteria to be developed by the commissioner. (2) The commissioner shall provide notice and opportunity for community-based organizations to submit applications to provide post-diagnosis sickle cell disease counseling, education and outreach programs. Such applications shall be on forms established by the commissioner. (e) The commissioner shall submit, on or before December first of each year, an annual report to the governor and the legislature concerning the operation of the program. The reports shall include the experience of the program in providing services under this act. The annual report shall include strategies for implementation of the sickle cell disease awareness program and for promoting the awareness program to the general public, state and local elected officials, and various public and private organizations, associations, businesses, industries, and agencies. Organizations receiving grants under this act shall provide data and assessments as the commissioner may require for the report. The report shall include any recommendations for additional action to respond to the incidence of sickle cell disease in the commonwealth. (f) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Community-based organizations”, free-standing organizations in which sickle cell disease survivors hold significant decision-making responsibility, and which offer a broad range of sickle cell disease education and support services free of charge. “Program”, sickle cell disease detection and education program. “Unserved or underserved populations", people having inadequate access and financial resources to obtain sickle cell disease screening and detection services, including people who lack health coverage or whose health coverage is inadequate or who cannot meet the financial requirements of their coverage for accessing detection services. SCD REGISTRY AND REPORTS- COMPREHENSIVE DATA COLLECTION ON PEOPLE LIVING WITH SCD OR ITS VARIANTS SECTION 5. (a)(1) Notwithstanding any general or special law to the contrary, the commissioner of public health or designee shall, in accordance with regulations adopted by the department of public health pursuant to subsection (b), and in consultation with the Massachusetts Sickle Cell Disease Association, establish and maintain a system for the reporting of information on sickle cell disease and its variants. Said system shall include a record of the cases of sickle cell disease and its variants which occur in the commonwealth along with such information concerning the cases as may be appropriate to form the basis for: (A) conducting comprehensive epidemiologic surveys of sickle cell disease and its variants in the commonwealth; and (B) evaluating the appropriateness of measures for the treatment of sickle cell disease and its variants. (2) Hospitals, medical laboratories, and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to sickle cell disease and its variants shall report the information prescribed by the regulation promulgated pursuant to subsection (b). (3) Any provider of health care who diagnoses or provides treatment for sickle cell disease and its variants, except for cases directly referred to the provider or cases that have been previously admitted to a hospital, medical laboratory or other facility described in paragraph (2), shall report the information prescribed by the regulation adopted pursuant to subsection (b). (b) The department of public health shall, by regulation: (1) prescribe the form and manner in which information on cases of sickle cell disease and its variants must be reported in compliance with any applicable federal privacy law; (2) prescribe the information that must be included in each report, which must include, without limitation: (A) the name, address, age and ethnicity of the patient; (B) the variant of sickle cell disease with which the person has been diagnosed; (C) the method of treatment; (D) any other diseases from which the patient suffers; (E) information concerning the usage of and access to health care services by the patient; and (F) if a patient diagnosed with sickle cell disease and its variants dies, his or her age at death and cause of death; and (3) establish a protocol for allowing appropriate access to and preserving the confidentiality of the records of patients needed for research into sickle cell disease and its variants; (4) establish a protocol for allowing information, in accordance with the preceding subsections, to be communicated with Statewide Steering Committee on Sickle Cell Disease, the sickle cell disease services program, and within the department as determined appropriate by the commissioner. (c) The chief administrative officer of each health care facility in the commonwealth shall make available to the commissioner or designee the records of the health care facility for each case of sickle cell disease and its variants. The department of public health shall abstract from the records of a health care facility or shall require a health care facility to abstract from its own records such information as is required by regulations promulgated pursuant to subsection (b). The department shall compile the information in a timely manner and not later than 6 months after receipt of the abstracted information from the health care facility. The department shall by regulation adopt a schedule of fees which must be assessed to a health care facility for each case from which information is abstracted by the department. Any person who violates this section is subject to an administrative penalty established by regulation by the department. (d) The department shall publish reports based upon the information obtained pursuant to subsections (a), (b), and (c) and shall make other appropriate uses of the information to report and assess trends in the usage of and access to health care services by patients with sickle cell disease and its variants in a particular area or population, advance research and education concerning sickle cell disease and its variants and improve treatment of sickle cell disease and its variants and associated disorders. The reports must include, without limitation: (1) information concerning the locations in which patients diagnosed with sickle cell disease and its variants reside, the demographics of such patients and the utilization of health care services by such patients; (2) the information described in paragraph (1), specific to patients diagnosed with sickle cell disease and its variants who are over 60 years of age or less than 5 years of age; and (3) information on the transition of patients diagnosed with sickle cell disease and its variants from pediatric to adult care upon reaching 18 years of age. (e) The department shall provide any qualified researcher whom the department determines is conducting valid scientific research with data from the reported information upon the researcher’s: (1) compliance with appropriate conditions as established under the regulations of the department; and (2) payment of a fee established by the department by regulation to cover the cost of providing the data. (f) The commissioner or designee shall analyze the information obtained pursuant to subsections (a), (b) and (c) and the reports published pursuant to subsection (d) to determine whether any trends exist in the usage of and access to health care services by patients with sickle cell disease and its variants in a particular area or population. (g) If the commissioner or designee determines that a trend exists in the usage of and access to health care services by patients with sickle cell disease and its variants in a particular area or population, the commissioner or designee shall work with appropriate governmental, educational and research entities to investigate the trend, advance research in the trend and facilitate the treatment of sickle cell disease and its variants and associated disorders. (h) The department shall not reveal the identity of any patient, physician, or health care facility which is involved in any reporting required by this section unless the patient, physician or health care facility gives prior written consent to such a disclosure. A person or governmental entity that provides information to the department pursuant to this section shall not be held liable in a civil or criminal action for sharing confidential information unless the person or organization has done so in bad faith or with malicious purpose. (i) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Sickle cell disease and its variants”, an inherited disease caused by a mutation in a gene for hemoglobin in which red blood cells have an abnormal crescent shape that causes them to block small blood cells and die sooner than normal. SCD REGISTRY AND REPORTS- DATA COLLECTION ON SCD TRAIT SECTION 6. (a)(1) Notwithstanding any general or special law to the contrary, if a newborn screening for hereditary disorders performed pursuant to section 270.006(A)(2)(e) of chapter 105, Code of Massachusetts Regulations detects the presence of sickle cell trait, the laboratory performing the screening shall notify the physician responsible for the newborn’s care and shall document the patient’s information in the central registry established pursuant to paragraph (2) in a manner and on forms prescribed by the department of public health. (2) The physician responsible for such newborn’s care shall provide the patient’s parents with information concerning the availability, benefits, and role of genetic counseling performed by a genetic counselor licensed pursuant to section 253 of chapter 112 of the General Laws, including a document available in multiple languages (as determined by the department) that identifies at least 10 genetic counselors and the public health care payers and private health care payers which contract with each such genetic counselor. In the case a physician described in the preceding sentence is not identified, the laboratory described in paragraph (1) shall provide the patient’s parents with such information relating to genetic counseling. Genetic counseling concerning a diagnosis of sickle cell trait shall include, but not be limited to, information concerning the fact that one or both of the parents carries sickle cell trait and the risk that other children born to the parents may carry sickle cell trait or may be born with sickle cell disease. (b)(1) The commissioner of public health shall establish a central registry of patients diagnosed with sickle cell trait. The information in the central registry shall be used for the purposes of compiling statistical information and assisting the provision of follow-up counseling, intervention, and educational services to patients and to the parents of patients who are listed in the registry including, but not limited to, information concerning the availability and benefits of genetic counseling performed by a genetic counselor licensed pursuant to section 253 of chapter 112 of the General Laws. (2) The commissioner shall establish a system to notify the parents of patients who are listed in the registry that follow-up consultations with a physician are recommended for children diagnosed with sickle cell trait. Such notifications shall be provided: at least once when the patient is in early adolescence, when the patient may begin to participate in strenuous athletic activities that could result in adverse symptoms for a person with sickle cell trait; at least once during later adolescence, when the patient should be made aware of the reproductive implications of sickle cell trait; and at such other intervals as the commissioner may require. (3) The commissioner shall establish a system under which the department shall make reasonable efforts to notify patients listed in the registry who reach the age of 18 years of the patient’s inclusion in the registry and of the availability of educational services, genetic counseling, and other resources that may be beneficial to the patient. (4) Information on newborn infants and their families compiled pursuant to this section may be used by the department and agencies designated by the commissioner of public health for the purposes of carrying out this act, but otherwise the information shall not be a public record and shall be confidential and not divulged or made public so as to disclose the identity of any person to whom it relates, except as exempted or consented in accordance with section 10 of chapter 66 or section 70G of chapter 111 of the General Laws, respectively. DEVELOPMENT OF A COMPREHENSIVE SCD DISEASE QUALITY STRATEGY IN MEDICAID MANAGED CARE SECTION 7. (a) Notwithstanding any general or special law to the contrary, the division of medical assistance shall ensure the availability of accessible, quality health care for individuals with sickle cell disease who are enrolled in Medicaid managed care organizations or accountable care organizations that have a contract with the division to provide services to individuals enrolled under MassHealth pursuant to section 9 of chapter 118E of the General Laws. Such health care shall include, but not be limited to the following: (1) comprehensive integrated care management for sickle cell disease, including primary care, specialized care, and mental health services; (2) sickle cell trait testing and genetic counseling; (3) social work services as well as education on disease management to patients, caregivers, and providers; and (4) support navigating health insurance coverage and support with transportation to treatment centers. (b) Not later than the fiscal year 2024 contract year, the division of medical assistance shall require Medicaid managed care or accountable care organizations to implement a sickle cell disease quality strategy for children and adults with sickle cell disease that includes, but is not limited to, the following components: (1) measurable goals to improve the identification of members with sickle cell disease within 90 days after enrolling in the contracted health plan; (2) to the extent practicable, adequate provider network capacity to ensure timely access to sickle cell disease specialty service providers, including, but not limited to, hematologists; (3) care coordination strategies and supports to help members with sickle cell disease access sickle cell disease specialists and other related care supports; (4) delivery of a training curriculum approved by the division of medical assistance to educate primary care providers on sickle cell disease, including information on emergency warning signs and complications, evidence-based practices and treatment guidelines, and when to make referrals to specialty sickle cell disease treatment providers; and (5) in the case of an individual who is diagnosed with sick cell disease, exceptions to otherwise applicable prior authorization or dispensing limits for pain medications that are designed to reduce barriers for such an individual to be able to obtain the appropriate dosage and amount of a pain medication in a timely manner. (c) The division of medical assistance shall also do the following: (1) Not later than the fiscal year 2025 contract year, require each Medicaid managed care organization and accountable care organization to report, on a quarterly basis, an unduplicated count of children and adults identified as having sickle cell disease enrolled with the contracted plan during the quarter. The department shall publish these reports, by contracted plan, on the department's website. (2) Not later than January 1, 2025, and in partnership with Medicaid managed care organizations and accountable care organizations, identify, document, and share best practices regarding sickle cell disease care management and care coordination with Medicaid-enrolled primary care and sickle cell disease specialty providers with a goal of improving services for members with sickle cell disease and their families. (3) Enter into a contract not later than January 1, 2025, with a publicly funded university to develop a sickle cell disease-focused comprehensive assessment tool or a supplement to an existing comprehensive assessment tool to screen members identified with sickle cell disease for comorbidities, medical history for the treatment of sickle cell disease including disease-modifying medications and pain management, psychosocial history, barriers to accessing or completing treatments, social supports, other care coordinators working with the member, community resources being used or needed, quality of life, and personal preferences for engagement with a care coordinator. (4) Not later than the fiscal year 2025 contract year, establish performance measures relative to access to care and available therapies, engagement in treatment, and outcomes for individuals with sickle cell disease, with the metrics to be reported annually by the comprehensive health care program to Medicaid managed care organizations and accountable care organizations and with incentive payments attached to the measures. (5) Not later than January 1, 2025, develop a plan for improving the transition from pediatric care to adult care for adolescents with sickle cell disease who are aging out of the Medicaid program, and a plan for helping qualified beneficiaries maintain Medicaid coverage under another eligibility category, in order to maintain continuity of care. (d) The division of medical assistance shall provide an annual sickle cell disease management and accountability report to the senate and house committees on ways and means, including the status of sickle cell disease-focused access to care, quality of services, health outcomes, and disparities in the commonwealth. (e) The division of medical assistance shall incorporate the sickle cell disease management and accountability standards into its contracts with managed care plans and accountable care organizations, including financial or administrative penalties for lack of performance. Contracted plan rates must be adjusted to reflect enhanced care or other provisions that are shifted to the contracted plans.

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An Act for a right of first refusal for foreclosed property (Foreclosure TOPA)

H1162

HD3914

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1162/DocumentHistoryActions

Bill

By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 1162) of Christopher J. Worrell and others relative to property foreclosures. Financial Services.

SECTION 1. Chapter 184 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 21 the following section:- Section 21A.community development corporation(a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise,: ''Affiliate'', an entity owned or controlled by an owner or under common control with the owner. “Auction” or "public auction", the sale of a housing accommodation, under power of sale in a mortgage loan, by public bidding. “Borrower", a mortgagor of a mortgage loan. ''Community development corporation'', a nonprofit corporation, as defined in section 2 of chapter 40H. "Deed in lieu", a deed for the collateral property that the mortgagee accepts from the borrower in exchange for the release of the borrower’s obligation under the mortgage loan. “Department”, the department of housing and community development, or its successor agency. ''Eligible organization'', a nonprofit corporation established pursuant to section 3 of chapter 180, a controlled nonprofit or for-profit affiliate of a community development corporation or housing authority, or such other entity or organization, including a tenant association, public agency, mixed-income neighborhood trust, and a limited equity cooperative housing corporation organized under or subject to chapter 157B, which the community development corporation serving the neighborhood, municipality, or region of the commonwealth where the housing accommodation is located determines to be engaged primarily in activities intended to contribute to the preservation of existing or the creation of affordable housing and has the requisite experience in developing, owning, and operating residential real estate and with the capacity to secure financing of the purchase transaction; provided, however, that any purchase by an eligible organization under this section shall be for the use of a housing accommodation as long-term affordable housing set out in a recorded restriction. “Eligible organization list”, a list maintained by a community development corporation of all of eligible organizations within the neighborhoods or municipalities, a region of the commonwealth or a constituency that is economically disadvantaged served by a community development corporation. "Foreclosure", a proceeding to terminate a borrower’s interest in property instituted by the mortgagee. "Housing accommodation", a building or buildings, structure or structures, or part thereof, containing not less than 6 units rented or offered for rent for living or dwelling purposes, including, without limitation, houses, apartments, condominium units, cooperative units and other multi-family residential dwellings; provided, however, that a housing accommodation shall not include a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure or transitional housing, hospital, convent, monastery, skilled nursing facility, health facility, extended care facility, convalescent home, dormitories owned by educational institutions, properties licensed as hotels and motels, residential properties that an owner is refinancing in order to maintain ownership of such properties. “Housing Authority”, a housing authority created under sections 3 and 3A of chapter 121B. “Immediate Family Member”, the parent, offspring, sibling, or spouse of the owner, or a trust in which the beneficiaries immediately after the creation are the owner and the parent, child, sibling or spouse of the owner. “Long-term affordable housing”, (i) for rental housing: housing where forty percent of the housing units are affordable to households with incomes at or below 60 per cent of the Area Median Income (AMI) as established by the United States Department of Housing and Urban Development, and where these restrictions shall be in effect for at not less than 30 years and recorded in a deed restriction; (ii) for homeownership housing: housing where all units are both (A) set at prices affordable to, and (B) limited to purchase by, buyers whose incomes are at or below 100 per cent of the AMI, and at not less than 50 per cent of the units are both (1) set at prices affordable to, and (2) limited to purchase by, buyers with incomes at or below 80 per cent of the AMI, and where these restrictions shall be in effect for at least thirty years and recorded in a deed restriction. "Member", a natural person who is a member of a tenant association. "Mortgage loan", a loan secured wholly or partially by a mortgage on a housing accommodation. "Mortgagee", an entity to whom a housing accommodation is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement. "Owner", a person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns, that holds title to a housing accommodation. "Purchaser", a party who has entered into a purchase contract with an owner and who will, upon performance of the purchase contract, become the new owner of a housing accommodation. "Purchase contract", a binding written agreement whereby an owner agrees to sell a housing accommodation including, without limitation, a purchase and sale agreement, contract of sale, purchase option or other similar instrument. "Sale", an act by which an owner conveys, transfers or disposes of a housing accommodation by deed or otherwise, whether through a single transaction or a series of transactions, within 3 years; provided, however, that a disposition of housing by an owner to an affiliate of such owner shall not constitute a sale. "Short-sale", a sale approved by the mortgagee to a bona fide purchaser at a price that is less than the borrower's existing debt on the housing accommodation. "Tenant", a person entitled to possession or occupancy of a rental unit within residential housing, including a subtenant, lessee and sublessee. "Tenant Association", an organization with a membership limited to present tenants of a housing accommodation that: (i) is registered with, or if no registry exists, has provided a letter stating its formation to the municipality that has adopted an ordinance consistent with this section; or (ii) is a non-profit organization incorporated under section 3 of chapter 180. "Third-party offer", a bona fide offer to purchase the mortgaged housing accommodation for valuable consideration by a purchaser; provided, however, that a third-party offer shall not include an offer by the borrower or the tenants. "Third-party purchaser", a purchaser that is not a municipality, housing authority, community development corporation, and eligible organization or their designees, successors, or an affiliate. (b) A municipality may adopt this section in a city having a Plan D or a Plan E charter by majority vote of its city council and approved by the manager; in any other city by majority vote of the city council and approved by the mayor; or in a town by vote of the board of selectmen. The acceptance of this local option by a municipality shall take effect no later than 180 days after such adoption. A municipality may at any time revoke the acceptance of this section in the manner provided in section 4 of chapter 4. The revocation shall not affect agreements relative to the right to purchase of a municipality, housing authority, community development corporation and eligible organization evidenced by the submission of an offer to the owner, an executed purchase contract or other agreement acceptable to both parties, prior to the revocation. A municipality that adopts this section shall establish an ordinance or by-law to enforce this section. (c) An ordinance or by-law of a municipality accepting this section may contain provisions that establish: (i) additional penalties, municipal enforcement authority and enforcement mechanisms, in addition to recorded restrictions, for enforcing the ordinance and provisions of this section, and rules and regulations implementing this section; and (ii) mandated use of a standard purchase contract, prepared or approved by the municipality and consistent with this section, for owners to provide to the municipality, housing authority, community development corporation and an eligible organization under clause (iv) of subsection (e); and (iii) additional affordability restrictions on the total percentage of affordable units, the level of affordability, and the length of time such restrictions shall be in place; provided, however, that affordability restrictions do not result in the displacement of current tenants. (d) An ordinance or by-law of a municipality accepting this section shall: (i) require an owner of a housing accommodation to file annually a written return requested by a board of the assessor under section 38D of chapter 59 to include a current rent roll with names of all tenants; a statement under oath attesting to all operating expenses for the prior 2 years, including utilities, insurance premiums and repairs, and to capital improvements; provided, however, that the written return shall be attached to the notice submitted by an owner in clauses (i) through (iii), inclusive, of paragraph (1) of subsection (e); and (ii) develop and post on the public website of the municipality a document that includes: (A) a summary of the ordinance adopted hereunder by the municipality; (B) a summary of the potential impact on tenants; and (C) resources for tenants who have questions. (e) (1) In any municipality that adopts this section where an owner intends to offer for sale a housing accommodation, solicits any offer to purchase from or accepts an unsolicited offer to purchase from, any third-party purchaser an owner of a housing accommodation shall: (i) notify the municipality and the housing authority for the municipality within 14 days, by electronic and United States mail, of receiving of an offer for sale of a housing accommodation that an owner intends to consider, of soliciting an offer to purchase from, or of accepting an unsolicited offer from a third-party purchaser to purchase the housing accommodation of the owner; (ii) notify each tenant within 14 days in writing by hand delivery and United States mail, of the intention of the owner to offer for sale a housing accommodation, to solicit an offer to purchase from, or to accept an unsolicited offer from a third-party purchaser to purchase the housing accommodation of the owner, with copy of the document developed by the municipality under clause (ii) of subsection (d); (iii) notify the community development corporation for the region in which a housing accommodation is located within 14 days, in writing by electronic delivery and United States mail, of receiving of an offer for sale of a housing accommodation that an owner intends to consider, of soliciting an offer to purchase from, or of accepting an unsolicited offer from a third-party purchaser to purchase the housing accommodation of the owner; (iv) provide with the notices required in clauses (i) and (iii) the address of the housing accommodation and contact information for the owner of a housing accommodation; and, notwithstanding section 52B of chapter 59, permission for the municipality, housing authority for the municipality, and the community development corporation for the region to receive from the municipality the information filed in accordance with section 38D of chapter 59, and permission to inspect, conduct inspections and tests as provided under subsection (v); (v) allow the municipality, housing authority, community development corporation and eligible organizations to: (A) inspect all common and maintenance service areas of the housing accommodation, including roof, boiler room, electrical and telecommunications rooms, (B) conduct inspections and tests for the presence of lead paint and asbestos (C) conduct small amounts of demolition that will be restored after said inspections and tests are completed; and (d) run tests for regulated environmental toxins on unbuilt areas of a housing accommodation, if required by the municipality, housing authority, the community development corporation, and an eligible organization or their designees or successors; and (vi) provide the municipality, housing authority, community development corporation and eligible organizations an opportunity to purchase the property pursuant to the time periods contained in this section, prior to the owner entering into an agreement with a third-party purchaser; provided, however, that no owner shall be under any obligation to enter into an agreement to sell such property to the municipality, housing authority, community development corporation or eligible organization. (2) A community development corporation, upon receiving notice under clause (iii) of paragraph (1), shall within 10 days notify the entities on the eligible organization list of receiving a notice and the information in clauses (iii) and (iv) of paragraph (1) (3) A municipality, housing authority, community development corporation or eligible organization may, within 40 days of receipt of the notices required in clauses (i) and (iii) of paragraph (1) submit an offer to the owner to purchase a housing accommodation. Failure to submit a timely offer shall constitute an irrevocable waiver of the rights of the municipality, housing authority, community development corporation and eligible organization under this paragraph and the owner may enter into a contract to sell a housing accommodation to a third-party, subject to paragraph (4). If the owner and a municipality, housing authority, community development corporation or eligible organization have not entered into an agreement within 40 days of receipt of the hand-delivered notices required in clauses(i) and (iii), the owner may enter into an agreement to sell a housing accommodation to a third-party, subject to subsection (4). (4) Any purchase contract offered to, or proposed by, a municipality, housing authority, community development corporation or eligible organization shall include at least the following terms: (i) the earnest money deposit shall not exceed the lesser of: (A) 5 per cent of the sale price; or (B) $250,000; provided, however, that the owner and the municipality, housing authority, community development corporation and eligible organization, their successors or designee, may agree to modify the terms of the earnest money deposit; provided, further, that the earnest money deposit shall be held under commercially-reasonable terms by an escrow agent selected jointly by the owner and the municipality, housing authority, community development corporation or eligible organization, their successors or designees; (ii) all reasonable contingencies, including financing, marketability of title and appraisal contingencies; (iii) the earnest money deposit shall be refundable for not less than 90 days from the date of execution of the purchase contract or such greater period as agreed upon by the owner and purchaser; provided, however, that if the owner unreasonably delays the ability of the purchaser to conduct due diligence during the 90 day period, the earnest money deposit shall continue to be refundable for an additional period of one day for every day beyond 30 days that the owner has not complied with the subsection (5) (ii) above . After the expiration of the specified time period, the earnest money deposit shall become non-refundable but shall continue to be a deposit toward the full purchase price; and (iv) real estate broker commissions or fees associated with the third-party purchase transaction shall be payable upon the closing of the purchase. (5) If an offer from a municipality, housing authority, community development corporation and eligible organization is accepted, a purchaser shall have 90 days from the execution of the purchase contract to perform all due diligence, secure financing for and close on the purchase of the housing accommodation. Failure to close on the purchase of a housing accommodation within 90 days shall constitute a default on the right to purchase by the purchaser; provided, however, if, within 30 days after the date of contracting, the purchaser presents the owner with the written decision of a lending institution or agency that states that the institution or agency estimates that a decision with respect to financing or financial assistance will be made within 120 days after the date of the purchase contract, the owner shall afford the tenant or qualified purchaser an extension of time consistent with the written estimate. The period by which the purchase of the housing accommodation shall close may be extended by agreement of owner and purchaser. (6) If a purchaser does not close on the purchase of a housing accommodation the owner may proceed with a sale to the third party. If the owner and third party fail to close on the purchase of a housing accommodation, the owner shall provide notice to the municipality, housing authority, community development corporation, tenants and eligible organizations that the purchase of a housing accommodation did not close. (7) Any property acquired under this subsection, that is not subject to a long-term affordable housing requirement under this subsection, shall be used as: (i) long-term affordable housing set out in a recorded restriction; (ii) cooperative housing subject to a covenant, satisfactory to the municipality in form and substance and having a term of not less than twenty years, that a majority of residential units be occupied by tenant-stockholders as their primary residence; or (iii) condominium units subject to a covenant, satisfactory to the municipality in form and substance and having a term of not less than twenty years, that a majority of units be occupied by unit owners as their primary residence. For purposes of this paragraph, an owner of a condominium unit or a tenant-stockholder of a cooperative housing unit shall include: (1) a person in military service on active duty who intends to occupy the residential unit when not on active duty; and (2) a parent or child of an occupant who is a disabled Immediate Family Member. (8) The department shall enforce this subsection and shall promulgate rules and regulations necessary for enforcement. Upon request, the department shall provide municipalities with sample purchase contracts incorporating the requirements of this section that an owner can provide to a municipality, housing authority, community development corporation or eligible organization, their designees or successors. (f) (1) In any municipality that adopts this section where an owner intends to offer for sale a housing accommodation by short-sale or to accept a deed in lieu an owner of a housing accommodation shall: (i) notify the municipality and the housing authority for the municipality, by electronic and United States mail, with a copy to the attorney general, of the intention of the owner to offer for sale a housing accommodation by short-sale or to accept a deed in lieu; (ii) notify each tenant, in writing by hand delivery and United States mail, of the intention of the owner to offer for sale a housing accommodation by short-sale or to accept a deed in lieu, with copy of the prepared summary of the ordinance adopted hereunder by the municipality; (iii) notify the community development corporation for the region in which a housing accommodation is located, in writing by electronic and United States mail, of the intention of the owner to offer for sale a housing accommodation by short-sale or to accept a deed in lieu; (iv) provide the notices under (i), (ii), and (iii) within 2 business days of the owner's submission of a request or application to the mortgagee for permission to sell the housing accommodation by way of short-sale or to accept a deed in lieu; (v) provide with the notices required in (i) and (iii), the address of the housing accommodation and contact information for the owner of a housing accommodation; and, notwithstanding section 52B of chapter 59, permission for the municipality, housing authority for the municipality, and the community development corporation for the region to receive from the municipality the information filed in accordance with Section 38D of Chapter 59, and permission to inspect, conduct inspections and tests as provided under subsection (v); and (vi) allow the municipality, housing authority, community development corporation and eligible organizations to inspect all common and maintenance service areas of the a housing accommodation, including roof, boiler room, electrical and telecommunications rooms; conduct inspections and tests for the presence of lead paint and asbestos, and to do small amounts of demolition that will be restored after said inspections and tests are completed; and do tests for regulated environmental toxins on unbuilt areas of a housing accommodation, if required by the municipality, housing authority, the community development corporation and an eligible organization, or their designees or successors. (2) A mortgagee may not accept any third-party offers or deem an owner's application for short-sale submitted for review unless and until the mortgagee receives documentation in a form approved by the attorney general demonstrating that the tenants of the housing accommodation have been informed of the intent of the owner to seek a short-sale or deed in lieu and that the municipality, housing authority, community development corporation and eligible organization have had the opportunity to express their interest in exercising a right of first refusal within 60 days of the owner providing them notice. If a municipality, housing authority, community development corporation or eligible organization has not affirmatively expressed their interest in exercising a right of first refusal or in assigning that right within 60 days or have not affirmatively waived that right within 60 days, the rights of the municipality, housing authority, community development corporation and eligible organization are deemed waived. (3) Before a housing accommodation may be transferred by short-sale or deed-in-lieu, the owner shall notify the municipality, housing authority, community development corporation and eligible organization with a simultaneous copy to the attorney, by regular and certified mail, of any bona fide offer that the mortgagee intends to accept. Any notice of the offer required to be given under this subsection shall include the price, calculated as a single lump sum amount and of any promissory notes offered in lieu of cash payment. (4) If a mortgagee has received an offer to purchase the housing accommodation that it indents to accept, a municipality, housing authority, community development corporation and eligible organization entitled to notice under paragraph (3) shall have the right to purchase the housing accommodation and have priority over the third party; provided, however, that it: (i) submits to the owner a proposed purchase contract on substantially equivalent terms and conditions within 60 days of receipt of notice of the offer made under paragraph (3); (ii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and (iii) closes on such purchase within an additional 90 days after the end of the 90-day period described in clause (ii). (5) No owner shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase contract with a municipality, housing authority, community development corporation or eligible organization that has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to paragraph (3) of subsection (e). Failure of the municipality, housing authority, community development corporation and eligible organization to submit such a purchase contract within the first 60 days, to obtain a binding commitment for financing within the additional 90 days or to close on the purchase within the second 90 days, shall serve to terminate the rights of the municipality, housing authority, community development corporation and eligible organization to purchase. The time periods herein provided may be extended by agreement. A right to purchase hereunder shall be for the purpose of maintaining the use of the housing accommodation as permanently affordable rental housing. (6) The right of first refusal under this section shall inure to the municipality, housing authority, community development corporation and eligible organization for the time periods provided in this act, beginning on the date of notice under paragraph(1) of subsection (e). The effective period for such right of first refusal shall begin anew for each different offer to purchase that the mortgagee intends to accept. (7) In any instance where the municipality, housing authority, community development corporation and eligible organization is not the successful purchaser of the housing accommodation, the mortgagee shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general and the registry of deeds for the county and district where a housing accommodation is located within 7 days of the sale. (8) The attorney general shall enforce this subsection (e) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents. (g)(1) In any municipality that adopts this section where a mortgagee seeks to foreclose on a housing accommodation a mortgagee shall: (i) provide copies of all foreclosure notices required by sections 14 and 35A of chapter 244 or any other applicable foreclosure law by regular and certified mail to the tenants of the housing accommodation, the municipality, housing authority and community development corporation; provided, however, that the mortgagee shall also provide tenants of the housing accommodation, the municipality, housing authority and community development corporation by regular and certified mail, with a copy of any complaint filed in land court and any order of notice issued by the land court, pursuant to the Servicemembers Civil Relief Act if applicable, within 5 days of issuance; and (ii) provide the tenants of the housing accommodation, the municipality, housing authority and community development corporation by regular and certified mail, a copy of any and all notices of sale published pursuant to section 14 of chapter 244. (2) Not later than 5 business days before the foreclosure auction of a housing accommodation, the municipality, housing authority, community development corporation and eligible organization shall inform the mortgagee, in writing, by electronic and United States mail, if they intend to exercise their right of first refusal at auction and desire to receive information relating to the proposed auction. (3) A municipality, housing authority, community development corporation and eligible organization may exercise their right to purchase the housing accommodation, if the mortgagee receives an offer from a third party at the auction; provided, however, that the municipality, housing authority, community development corporation or eligible organization: (i) submits to the mortgagee a proposed purchase contract on substantially equivalent terms and conditions to that received by the mortgagee in the third-party offer within 60 days of receipt of notice of the bid made under (f)(3) of this section; (ii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and (iii) closes on such purchase within an additional 90 days after the end of the 90 days under clause (ii). (4) No mortgagee shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase contract with a municipality, housing authority, community development corporation and eligible organization who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of a bid received at auction. Failure of the municipality, housing authority, community development corporation and eligible organization to submit a purchase contract within the first 60 days, to obtain a binding commitment for financing within the additional 90 days or to close on the purchase within the second 90 days, shall serve to terminate the rights of the municipality, housing authority, community development corporation and eligible organization to purchase. The time periods herein provided may be extended by agreement. A right to purchase hereunder shall be for the purpose of maintaining the use of the housing accommodation as permanently affordable rental housing. If there are no third-party bids at auction for the housing accommodation, the municipality, housing authority, community development corporation and eligible organization shall have a right of first refusal whenever the mortgagee seeks to sell the housing accommodation. The municipality, housing authority, community development corporation and eligible organization shall be notified of any offers the mortgagee intends to accept and shall be given an opportunity to meet the price and substantially equivalent terms of a third-party offer based on the same timeline described in paragraph (4) of subsection (f). (5) The right of first refusal created herein shall inure to the municipality, housing authority, community development corporation, and eligible organization for the time periods herein before provided, beginning on the date of notice to the tenants under paragraph (1) of subsection (f). (6) The attorney general shall enforce subsection (f) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents. (7) In any instance where the municipality, housing authority, community development corporation and eligible organization is not the successful purchaser, the seller of such housing accommodation shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the department, and the official records of the county where a housing accommodation is located within 7 days of the sale. (h) Any notice required by this section shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required; except that with respect to providing notice to tenants, notice shall be deemed to have been provided when either: (i) the notice is delivered in hand to the tenant or an adult member of the tenant's household; or (ii) the notice is sent by first class mail and a copy is left in or under the door of the tenant's dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer. (i) No tenant in a housing accommodation purchased by a municipality, housing authority, community development corporation and eligible organization shall be evicted, except for good cause . (j) This section shall not apply to the following: (1) property that is the subject of a government taking by eminent domain or a negotiated purchase in lieu of eminent domain; (2) a proposed below-market sale to an organization organized under section 501(c)(3) of the Internal Revenue Code where a housing accommodation shall be used or developed as long-term affordable housing; sale to a purchaser pursuant to terms and conditions that preserve affordability; (3) any sale of publicly-assisted housing, as defined in section 1 of chapter 40T; (4) rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance or therapy for alcohol, drug, or other substance use; provided, however, that such housing is incidental to the recovery program, and where the resident has been informed in writing of the temporary or transitional nature of the housing; (5) rental units in a nonprofit facility that provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in a permanent housing and where occupancy is restricted to a limited and specific period of time of not more than 24 months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception; (6) public housing units owned or managed by or with a ground lease from the local housing authority; (7) any unit that is held in trust on behalf of a disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child, or grandparent of the owner of that unit; (8) any unit that is transferred to any beneficiary in a trust in which beneficial interests are retained by the owner of the housing accommodation or an immediate family member; (9) any sale to an immediate family member of the owner for a total purchase price below the current assessed value of a housing accommodation; (10) a transfer by devise, descent or operation of law upon the death of a natural person; and (11) a sale of a newly constructed property for which the initial certificate of occupancy was issued no earlier than three years prior to the date of the purchase contract between a buyer and the party to which the certificate of occupancy was issued. (k) A municipality, housing authority, community development corporation and eligible organization shall not solicit or accept payment or any other consideration for assigning or waiving any rights under this section. (l) An aggrieved municipality, housing authority, community development corporation and eligible organization may seek damages under chapter 93A, may file a complaint with the attorney general and may file a court complaint for equitable or monetary relief, including, but not limited to, damages of a percentage of the sales price or injunctive relief in the form of specific performance. Nothing in this section shall be construed to limit or constrain in any way the rights tenants currently have under applicable laws, including, but not limited to, chapters 186 and 186A.

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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J11', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J11'}, 'Votes': []}]

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An Act to allow municipalities to invest in credit unions

H1163

HD2707

{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:20:32.02'}

[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:20:32.02'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-24T12:22:08.6366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:43:28.2333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T16:24:14.0666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T16:24:14.0666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T15:54:19.4566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-26T16:17:24.9'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1163/DocumentHistoryActions

Bill

By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 1163) of Jonathan D. Zlotnik and others for legislation to authorize municipalities to invest in credit unions. Financial Services.

SECTION 1. Section 34 of chapter 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the words “federal savings banks”, in line 4, the following words:- federal credit unions, SECTION 2. Said section 34 of said chapter 29, as so appearing, is hereby further amended by striking out the words “and cooperative banks”, in line 6, and inserting in place thereof the following words:- , cooperative banks and credit unions SECTION 3. Section 54 of chapter 44 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “banks”, in line 15, the following words:- , or in paid up shares or deposits of credit unions, or in paid up shares or deposits of federal credit unions doing business in the commonwealth SECTION 4. Section 55 of said chapter 44, as so appearing, is hereby amended by inserting after the word “banks,” , in line 27, the following words:- credit unions or federal credit unions, SECTION 5. Section 55A of said chapter 44, as so appearing, is hereby amended by inserting after the words “savings bank,” in line 4 the following words:- credit unions or federal credit unions, SECTION 6. Section 29 of chapter 171 of the General Laws, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:- Notwithstanding any other provisions of law, any credit union or federal credit union may accept public funds pursuant to section 34 of chapter 29 and sections 54, 55 and 55A of chapter 44 as provided for therein; provided, however, that the total of such public funds received shall not exceed, at any time, twenty-five percent of the assets of the credit union or federal credit union.

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An Act to ensure MassHealth rate parity for behavioral health inpatient providers

H1164

HD2221

{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T11:28:52.913'}

[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T11:28:52.9133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1164/DocumentHistoryActions

Bill

By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1164) of Ruth B. Balser for legislation to ensure MassHealth rate parity for behavioral health inpatient providers. Health Care Financing.

Section 13 of Chapter 118E is hereby amended by adding at the end thereof the following:- “Notwithstanding the foregoing, the division shall ensure that its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract with MassHealth shall reimburse all network inpatient behavioral health providers not less than the MassHealth fee for service per diem rate for inpatient behavioral health care".

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An Act making technical changes to the Betsy Lehman Center for patient safety and medical error reduction enabling statute

H1165

HD2254

{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T11:47:34.62'}

[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T11:47:34.62'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-03T11:32:57.3766667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-06-20T15:02:30.27'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1165/DocumentHistoryActions

Bill

By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1165) of Ruth B. Balser for legislation to make technical changes to the Betsy Lehman Center for patient safety and medical error reduction enabling statute. Health Care Financing.

SECTION 1. Chapter 12C of the General Laws is hereby amended by striking out section 15, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 15. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Adverse event'', harm to a patient resulting from a medical intervention and not to the underlying condition of the patient. “Agency,” any agency of the executive branch of government in the commonwealth, including but not limited to any constitutional or other office, executive office, department, division, bureau, board, commission or committee thereof; or any authority created by the general court to serve a public purpose, having either statewide or local jurisdiction. "Board'', the patient safety and medical errors reduction board. “Healthcare-associated infection,” an infection that a patient acquires during the course of receiving treatment for other conditions within a healthcare setting. "Lehman center'', the Betsy Lehman center for patient safety. "Incident'', an incident which, if left undetected or uncorrected, might have resulted in an adverse event. "Medical error'', the failure of medical management of a planned action to be completed as intended or the use of a wrong plan to achieve an outcome. "Patient safety'', freedom from accidental injury. “Patient safety information,” data and information related to patient safety, including adverse events, incidents, medical errors, or healthcare-associated infections that are collected or maintained by agencies. (b) There shall be established within the center the Betsy Lehman center for patient safety and medical error reduction. The purpose of the Lehman center shall be to serve as a clearinghouse for the development, evaluation and dissemination, including, but not limited to, the sponsorship of training and education programs, of best practices for patient safety and medical error reduction. The Lehman center shall: (1) coordinate the efforts of state agencies engaged in the regulation, contracting or delivery of health care and those individuals or institutions licensed by the commonwealth to provide health care to meet their responsibilities for patient safety and medical error reduction; (2) assist all such entities to work as part of a total system of patient safety; and (3) develop appropriate mechanisms for consumers to be included in a statewide program for improving patient safety. The Lehman center shall coordinate state participation in any appropriate state or federal reports or data collection efforts relative to patient safety and medical error reduction. The Lehman center shall analyze available data, research and reports for information that would improve education and training programs that promote patient safety. (c) Within the Lehman center, there shall be established a patient safety and medical errors reduction board. The board shall consist of secretary of health and human services, the executive director of the center, the director of consumer affairs and business regulations and the attorney general. The board shall appoint the director of the Lehman center by a unanimous vote and the director shall, under the general supervision of the board, have general oversight of the operation of the Lehman center. The director may appoint or retain and remove expert, clerical or other assistants as the work of the Lehman center may require. The coalition for the prevention of medical errors shall serve as the advisory committee to the board. The advisory committee shall, at the request of the director, provide advice and counsel as it considers appropriate including, but not limited to, serving as a resource for studies and projects undertaken or sponsored by the Lehman center. The advisory committee may also review and comment on regulations and standards proposed or promulgated by the Lehman center, but the review and comment shall be advisory in nature and shall not be considered binding on the Lehman center. (d) The Lehman center shall develop and administer a patient safety and medical error reduction education and research program to assist health care professionals, health care facilities and agencies and the general public regarding issues related to the causes and consequences of medical error and practices and procedures to promote the highest standard for patient safety in the commonwealth. The Lehman center shall annually report to the governor and the general court relative to the feasibility of developing standards for patient safety and medical error reduction programs for any state department, agency, commission or board to reduce medical errors, and the statutory responsibilities of the commonwealth, for the protection of patients and consumers of health care together with recommendations to improve coordination and effectiveness of the programs and activities. (e) The Lehman center shall (1) identify and disseminate information about evidence-based best practices to reduce medical errors and enhance patient safety; (2) develop a process for determining which evidence-based best practices should be considered for adoption; (3) serve as a central clearinghouse for the collection and analysis of existing information on the causes of medical errors and strategies for prevention; and (4) increase awareness of error prevention strategies through public and professional education. The information collected by the Lehman center or reported to the Lehman center shall not be a public record as defined in section 7 of chapter 4, shall be confidential and shall not be subject to subpoena or discovery or introduced into evidence in any judicial or administrative proceeding, except as otherwise specifically provided by law. (f) Notwithstanding any general or special law to the contrary, the Lehman Center and each agency that collects or maintains patient safety information may transmit such information, including personal data under section 1 of chapter 66A, to each other through an agreement, that can be an interagency service agreement, that provides for any safeguards necessary to protect the privacy and security of the information; provided, that the provision of such information is consistent with federal law. (g) The Lehman center may adopt rules and regulations necessary to carry out the purpose and provisions of this section. The Lehman center may contract with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association or other entity to manage its affairs or carry out the purpose and provisions of this section.  (h) The Lehman center shall report annually to the general court regarding the progress made in improving patient safety and medical error reduction. The Lehman center shall seek federal and foundation support to supplement state resources to carry out the Lehman center's patient safety and medical error reduction goals. The Lehman center may establish a trust fund that is structured to receive, maintain, and spend federal and foundation grants in furtherance of its responsibilities under this section and, to such extent, the director of the Lehman center shall have the powers provided in section 6 of chapter 6A.

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An Act to address the overuse of temporary nursing service agencies at Massachusetts skilled nursing facilities

H1166

HD3451

{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T12:42:45.793'}

[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T12:42:45.7933333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T12:08:05.3266667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-27T10:47:01.21'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-27T10:47:01.21'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T10:47:01.21'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-31T09:36:50.3566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T09:36:50.3566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-31T09:36:50.3566667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-31T13:35:46.02'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-02T10:27:37.26'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T10:27:37.26'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T14:28:39.7'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T11:02:23.0033333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-08T11:02:23.0033333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T11:02:23.0033333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T11:02:23.0033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T09:30:35.1133333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-10T09:30:35.1133333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T11:46:37.11'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-17T11:27:43.2933333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-17T11:27:43.2933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-21T13:09:17.6733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-21T13:09:17.6733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T13:09:17.6733333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-02T11:30:39.0133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-06T09:13:49.87'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T09:39:32.73'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T16:10:01.97'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-22T15:21:26.9133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T11:13:50.7366667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-12T12:13:30.8933333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-13T12:36:13.97'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-22T17:14:13.3266667'}, {'Id': 'EAR1', 'Name': 'Estela A. 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http://malegislature.gov/api/GeneralCourts/193/Documents/H1166/DocumentHistoryActions

Bill

By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1166) of Ruth B. Balser and others for legislation to address the overuse of temporary nursing service agencies at Massachusetts skilled nursing facilities. Health Care Financing.

SECTION 1. (a) Notwithstanding any special or general law to the contrary, the department of public health is directed to amend the state regulations governing the reporting by and rates paid by health-care providers to temporary nursing agencies registered with the department (101 CMR 345). (b) Such amendment shall include reductions in the maximum prices set forth in 101 CMR 345.03(2) that an agency may charge for registered nurse, licensed practical nurse, or certified nurse aide services provided to a skilled nursing facility. In setting such reduced maximum rates, the department shall establish hourly rate caps through a process that establishes and considers a weighted average wage for regular skilled nursing facility employees, plus a factor to incorporate payroll taxes, for each applicable employee classification, shift, and region. The department shall establish such weighted average service rates annually utilizing information provided by facilities. In no case shall the established maximum prices of temporary nursing agencies be permitted to exceed one hundred and fifty percent of the established average wages for regular employees at each applicable classification. (c) Such amendment shall require reporting any individual or business entity with an ownership interest of 5 percent or more of a temporary nursing agency is also the holder of an operating license issued to establish or maintain a Massachusetts skilled nursing facility. Further, a temporary nursing agency so owned by any such individual or entity shall be prohibited from procuring or providing temporary employment at a skilled nursing facility so owned by the same individual or entity. (d) The process for establishing the amendments as outlined in the subsections above shall also include an examination and analysis of the Temporary Nursing Service Cost Report and Reporting Requirements established in 101 CMR 345.05. As it so determines in such analysis, the department may amend the Reporting Requirements regulatory provision to strengthen the transparency of, increase the mandated disclosures required in or to otherwise strengthen the state accountability standards now included in the mandated Temporary Nursing Service Cost Report. Such analysis shall include and such amendments to the regulatory reporting requirements may include improved standards for temporary nursing agency reporting on compensation, benefits and worker supports for temporary nursing agency workers; licensing, training, and continuing education requirements for assigned workers; reporting on the operations, cost trends and financial performance of temporary nursing agencies; processes utilized to assure prompt arrival of assigned workers; procedures for reporting on, the investigation of and the resolution of complaints about the performance of temporary nursing agency workers; and procedures for the notice of and for resolving actual or suspected abuse, theft, tampering or other diversion of controlled substances by temporary nursing agency staff workers. Such amendments may also include the establishment of or increases to corresponding registration and reporting fees. (e) The process for determining maximum rates as outlined in subsection (b) above shall also include an examination and analysis of Travel Nurse Factor established in 101 CMR 345(e). The department may amend the Travel Nurse Factor provision to reduce the established percentage amount above which an agency’s price for travel nurses’ services provided to a nursing facility may exceed the base rate limits established in 101 CMR 345.03. (f) Prior to and during the process of making the regulatory amendments outlined in the subsections above, the department shall consult with the Massachusetts Senior Care Association, Inc. and 1199 SEIU United Healthcare Workers East. (g) The department of public health shall complete the processes above and file for Emergency Adoption of such amended regulations no later than 180 days after passage of this Act. SECTION 2. (a) Notwithstanding any special or general law to the contrary, the executive office of health and human services is directed to amend the state standard payment regulations establishing Quality Adjustment Payments (101 CMR 206.06). (b) Such amendment shall require each nursing facility to report to EOHHS on the amount and percentage of the facility’s federally reported nursing care hours per patient day that was provided by temporary nursing agency staff. (c) Such amendment shall include establish a new Quality Adjustment Payment subsection and a Nursing Care Staffing Levels Achievement rate adjustment that implements such new rate adjustment and that is based upon a facility’s compliance with the Massachusetts hours per resident day standard. For purposes of determining such a rate adjustment, a facility’s reported nursing care hours per resident day standard shall be adjusted downward to reduce the facility’s credit for reported hours of care provided by temporary nursing agency staff by a percentage to be determined by EOHHS but that shall adjust credited hours downward by least twenty-five percent. (d) Prior to and in making the regulatory amendments as outlined in the subsections above, the executive office of health and human services shall consult with the Massachusetts Senior Care Association, Inc. and 1199 SEIU United Healthcare Workers East. (e) The executive office of health and human services shall complete the process above and file for Emergency Adoption of such amended regulations no later than 180 days after passage of this Act. SECTION 3. (a) Notwithstanding any special or general law to the contrary, the department of public health is directed to amend the Massachusetts long term care facility operating regulations provisions relative to Staff Qualifications and Training (105 CMR 150.024) and Educational Programs (105 CMR 150.7(I)). (b) Such amendments shall require that any temporary nursing agency staff that works in a skilled nursing facility is compliant with all applicable requirements and qualifications, as determined by the department, that are required of nursing care staff regularly employed in their position. Such amendments shall require temporary nursing agency staff working for more than one hundred hours in a facility participate in any job orientation and other continuing in-service educational programs appropriate to the care provided in the facility by regularly employed nursing personnel. (c) Prior to and in making the regulatory amendments as outlined in the subsections above, the executive office of health and human services shall consult with the Massachusetts Senior Care Association, Inc. and 1199 SEIU United Healthcare Workers East. (d) The department of public health shall complete the process above and file for Emergency Adoption of such amended regulations no later than 180 days after passage of this Act.

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An Act relative to patient centered access to behavioral health services in accountable care organizations

H1167

HD1541

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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:05:07.9733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T15:05:08.3'}]

{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T15:05:07.973'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1167/DocumentHistoryActions

Bill

By Representative Barber of Somerville and Senator Moore, a joint petition (accompanied by bill, House, No. 1167) of Christine P. Barber and Michael O. Moore relative to patient centered access to behavioral health services in accountable care organizations. Health Care Financing.

SECTION 1: Chapter 6D of the General Laws is hereby amended by inserting after section 15 the following new section: Section 15A. Patient Centered Access to Behavioral Health Services in Accountable Care Organizations Section 1. Definitions. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-- (a) Behavioral health specialist- a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist or a licensed marriage and family therapist within the lawful scope of practice for such therapist. (b) Patient Engagement Advocate- a licensed social worker; a certified nursing aide; a community health worker or peer recovery coach certified by the department of public health; or a peer support specialist certified by the department of mental health, who provides patient navigation and care coordination services throughout the continuum of care. Advocates shall achieve such certification within two years of hiring, and meet a standard of minimum skills and competencies as determined by the health policy commission. (c) Continuum of care- a system that guides and tracks patients over time through a comprehensive array of health services spanning all levels and intensity of care throughout the treatment process and into post-recovery follow-up to prevent relapse. (d) Patient navigation and care coordination services- services offered by an ACO through Patient Engagement Advocates with the goal of removing barriers that prevent patients from seeking care, helping a patient follow through with a recommended course of treatment, and maintaining their gains after treatment: Section 2. (a) All Accountable Care Organizations (ACOs) in the Commonwealth certified by the Health Policy Commission shall offer patient navigation and care coordination services as defined below for patients with a diagnosed mental illness or substance use disorder and for patients with symptoms that suggest a possible mental illness or substance use disorder as determined by a licensed health care provider. These services shall constitute a requirement for the certification of new ACOs by the Health Policy Commission and shall constitute a new requirement for existing ACOs six months following the effective date of this act. The services are to be offered by Patient Engagement Advocates with the consent of the patient. One Patient Engagement Advocate may be assigned to multiple patients, but each patient must be assigned to a primary Patient Engagement Advocate. In ACOs where multiple navigators are managing different components of a patient’s care, the Patient Engagement Advocate will serve as the lead navigator that coordinates care among the other navigators. The services provided as part of the Patient Engagement Advocate Program shall include, but not be limited to the following: i. Performing an initial intake to assess the patient’s needs. If the patient does not have a diagnosis, the Advocate shall refer the patient to a clinician who can determine their condition and recommend a plan of action/course of treatment. This may involve referral to additional specialists. Once a diagnosis has been obtained, the Advocate, with the patient’s consent, shall help the patient follow through with the plan of action set forth by the diagnosing clinician; ii. Finding an appropriate provider to treat the condition(s) if outside the expertise of the clinician who provided the initial diagnosis, including contacting and screening providers on the patient’s behalf; iii. Assisting with navigating health insurance; including but not limited to, helping the patient understand cost-sharing, finding in-network providers, assisting with referrals, assisting with appeals, explaining benefits and helping the patient find new insurance during open enrollment periods or due to a qualifying life event if their current insurance plan does not meet their needs. iv. Finding alternative sources of support if a patient is put on a waiting list, including, but not limited to, coordinating with the patient’s primary care provider, exploring complementary therapies that could offer relief, online counseling and peer-to-peer support; v. Scheduling initial appointments for patients and reminding them to go to their appointments. vi. Providing or coordinating transportation to appointments if this is a potential barrier to care; vii. Providing support with medication adherence to ensure patients take the medications prescribed by their clinician. viii. Provider-matching follow-up to see if the current provider is a good match and if not, finding a different provider. Patient Engagement Advocates will continue to check up on patients as they receive treatment as an additional source of support; ix. Coordinating care between the patient’s PCP and different specialists treating the same patient to ensure they are communicating with each other; x. Post-treatment follow-up to ensure that patients are maintaining their gains and do not relapse; and xi. Additional duties may be designated by the commission in consultation with ACOs, health plans and patient advocates. (b) All primary care providers within an ACO shall directly connect patients with a diagnosed mental illness or substance use disorder, or with symptoms suggesting a possible mental illness or substance use disorder to the Patient Engagement Advocates prior to discharge or within 7 calendar days following a discharge by the primary care provider. With the patient’s consent, such Advocate shall work with the patient to identify an appropriate behavioral health specialist for the patient’s needs and shall work with the patient to eliminate all barriers to accessing such specialist. The Patient Engagement Advocates shall follow up to ensure the patient gets an appointment. (c) If a patient diagnosed with a mental illness or substance use disorder in an acute care hospital or emergency facilities affiliated with an ACO refuses further treatment after the evaluation is complete, and is otherwise medically stable, the acute care hospital or emergency facility may initiate discharge proceedings; provided, however, that if the patient is in need of and agrees to further treatment following discharge and pursuant to the mental health or substance use disorder evaluation, then the acute care hospital or satellite emergency facility shall directly connect the patient with a patient engagement advocate prior to discharge or within seven calendar days following discharge, and shall notify the patient’s primary care provider if applicable. (d) ACOs shall not restrict referrals to only behavioral health specialists who are part of the ACO. (e) Non-behavioral health specialists within the same ACO whose patients also present with symptoms of mental illness or substance use disorder shall inform the patient’s PCP of a possible behavioral health issue within 7 days of identifying non-emergency symptoms. With the patient’s consent, the PCP shall then refer the patient to a Patient Engagement Advocate, as described in paragraph (a). For all emergency symptoms, the patient shall be referred to the nearest emergency room. (f) ACOs that already offer the above services described in subsections (i) through (x) for all patients diagnosed with or presenting symptoms of mental health and substance use disorders shall not be required to hire additional staff to comply with this section. Employees of ACOs that currently offer these services shall be exempted from certification requirements in subsection (b) of section 1. Section 3. The Secretary of Health and Human Services shall provide funding for at least one pilot program with a community-based organization that offers the services described above, and in addition, offers the following: (a)Patient, caregiver and survivor services, including the Patient Engagement Advocates defined in Section 1; e-support networks; financial counseling; referrals to online Cognitive Behavioral Therapy (CBT) and for complementary, integrative therapies; and an evidence-based patient empowerment program, designed to give patients the tools to improve their self-concept, develop the confidence to seek treatment, and maintain their gains following treatment; and (b)Patient empowerment, information and communication initiatives through a blog, public service announcements, patient stories, utilization of social media, videos and educational campaigns; and (c)Provider education on the effects of stigma on patient engagement in treatment; on best practices for reducing stigma in clinical settings; strategies for integrating behavioral health into primary care; and strategies to maximize patient engagement in their own treatment. Section 4. The Health Policy Commission shall promulgate regulations to implement the provisions of Sections 1 and 2 within 3 months of the effective date of this law.

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An Act protecting the homes of seniors and disabled people on MassHealth

H1168

HD472

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1168/DocumentHistoryActions

Bill

By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 1168) of Christine P. Barber and others relative to the adjustment or recovery of medical assistance and protecting the homes of seniors and disabled people on MassHealth. Health Care Financing.

SECTION 1. Chapter 118E of the General Laws is hereby amended by striking out section 31 and inserting in place thereof the following section:- Section 31. (a) This subsection shall apply to estates of individuals dying prior to April 1, 1995. There shall be no adjustment or recovery of medical assistance correctly paid except as follows: (1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution when the individual received such assistance. Recovery of the assistance shall be limited to assistance provided on or after March 22, 1991. (2) Recovery from Persons Age 65 and Over: From the estate of an individual who was 65 years of age or older when the individual received such assistance. Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under age 21 or is blind or permanently and totally disabled. The division shall waive recovery where it would result in undue hardship, as defined by the division in its regulations. (b) This subsection shall apply to estates of individuals dying on or after April 1, 1995 in which a petition for admission to probate of a decedent's will or for administration of a decedent's estate is filed prior to [the effective date of the amendment]. There shall be no adjustments or recovery of medical assistance correctly paid except as follows: (1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution when the individual received such assistance. Recovery of the assistance shall be limited to assistance provided on or after March 22, 1991. (2) Recovery from Persons Age 65 and Over: From the estate of an individual who was 65 years of age or older when the individual received the assistance. (3) Recovery from Persons Age 55 and Over for Post–October 1, 1993 Medicaid: From the estate of an individual who was 55 years of age or older when the individual received such assistance, where the assistance was for services provided on or after October 1, 1993. Any recovery under this subsection may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under age 21 or is blind or permanently and totally disabled. The division shall waive recovery if recovery would work an undue hardship, as defined by the division in its regulations. (c) This subsection shall apply to estates of individuals dying on or after April 1, 1995 in which a petition for admission to probate of a decedent's will or for administration of a decedent's estate is filed on or after [effective date of amendment]. There shall be no adjustments or recovery of medical assistance correctly paid except as follows: (1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution within the meaning of 42 USC 1396p(a)(1)(B)(i) when he or she received such assistance. Recovery of such assistance shall be limited to assistance provided on or after March 22, 1991. (2) Recovery from Persons Age 55 and Over for Post–October 1, 1993 Medicaid: From the estate of an individual who was 55 years of age or older when the individual received such assistance, where such assistance was for services provided on or after October 1, 1993, but only for medical assistance consisting of nursing facility services, home and community-based services, and related hospital and prescription drug services for which estate recovery is mandated by 42 USC 1396p(b)(1)(B)(i) or other federal law. Any recovery under this subsection may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under age 21 or is blind or disabled. The division shall not recover for capitated payments made to managed care entities that exceed the actual cost of medical services received by the decedent. The division shall waive recovery: (i) if such recovery is not cost effective, including when the total gross assets of the estate, less any claims that have priority over MassHealth, or mortgages or liens on real property, in a probate estate are $25,000 or less; or (ii) if such recovery would create an undue hardship. The division shall promulgate regulations defining undue hardship that shall include, but not be limited to, cases in which: (A) a sale of real property would be required to satisfy a claim against the probate estate; and the property is occupied as the home of a surviving spouse, child under age 21, child of any age who is blind or disabled, surviving sibling with a legal interest in the property or a child to whom the decedent could have transferred the home during his or her lifetime with no transfer of asset penalty pursuant to 42 USC 1396p(c)(2)(A) or (B); or (B) a sale of real property would be required to satisfy a claim against the probate estate, and the property is occupied as the home of an individual who has lived in it for at least 1 year prior to the death of the decedent provided that if at the time of death the decedent was a nursing facility resident, the individual must have lived in the home for at least 1 year prior to the decedent’s nursing facility admission, has inherited or received a legal or equitable interest in the property, is not being forced to sell by other devisees or heirs at law and whose income is 400 per cent of the federal poverty level or less at the time of the decedent’s death; or (C) a sale of real property would be required to satisfy a claim against the probate estate, at the time the notice of claim is filed the property is occupied as the home of an individual who has lived in it for at least 2 consecutive years prior to the decedent becoming institutionalized or before the decedent’s death, and during that time the individual provided a level of care that kept the decedent from needing to be admitted to a nursing home, and the individual has inherited or received a legal or equitable interest in the property, and is not being forced to sell by other devisees or heirs at law; or (D) the gross income of a devisee or heir was 400 per cent of the federal poverty level or less during the 2 years prior to the date of presentment of the division’s claim, in which case, the division shall waive recovery in an amount equal to the value of the devisee’s or heir’s interest in the estate up to a maximum of $50,000 per qualifying individual; provided, if there are multiple individuals who qualify for this waiver, the maximum amount waived is $100,000 per estate; or (E) the sale of a homestead of modest value, as defined by the division consistent with federal guidelines, would be required to satisfy the claim; or (F) other compelling circumstances in which recovery would create a financial hardship for one or more devisees or heirs at law whose income is 400 percent of the federal poverty level or less. (d) For purposes of this section, ''estate'' shall mean all real and personal property and other assets includible in the decedent's probate estate under the General Laws, provided that it shall not include certain property of American Indians that the Secretary has exempted from Medicaid estate recovery pursuant to 42 USC 1396p(b)(3)(B) or Government reparation payments to special populations that are exempt from Medicaid estate recovery pursuant to federal law. (e) There shall be no adjustments or recovery of medical assistance correctly paid from the estate of an individual who was receiving such assistance pursuant to the CommonHealth program for disabled adults or for payment of personal care attendant services. (f) For purposes of this section, medical assistance shall not include medical assistance for Medicare cost-sharing or for benefits described in 42 USC 1396a(a)(10)(E) that are exempt from Medicaid estate recovery. (g) The division is also authorized during an individual's lifetime to recover all assistance correctly provided on or after April 1, 1995, if property against which the division has a lien or encumbrance under section 34 is sold. No lien or encumbrance shall be valid against any bona fide purchaser for value or take priority against any subsequent mortgagee for value unless and until it is recorded in the registry of deeds where the property lies. Repayment shall not be required under this subsection while any of the following relatives lawfully resides in the property: (1) a sibling who had been residing in the property for at least 1 year immediately prior to the individual being admitted to a nursing facility or other medical institution; or (2) a child who (i) had been residing in the property for at least two years immediately prior to the parent being admitted to a nursing facility or other medical institution; (ii) establishes to the satisfaction of the division that the child provided care which permitted the parent to reside at home during that 2-year period rather than in an institution; and (iii) has lawfully resided in the property on a continuous basis while the parent has been in the medical institution. If repayment is not yet required because a relative specified above is still lawfully residing in the property and the individual wishes to sell the property, the purchaser shall take possession subject to the lien or the division shall release the lien if the individual agrees to (1) either set aside sufficient assets to satisfy the lien or give bond to the division with sufficient sureties and (2) repay the division as soon as the specified relative is no longer lawfully residing in the property. Notwithstanding the foregoing or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien. This subsection shall not limit the division's ability to recover from the individual's estate under subsection (a), (b), or (c) or as otherwise provided under any general or special law. The division shall provide a release of any lien where repayment shall not be required within 60 days of receiving notice of the change in circumstances resulting in repayments no longer being required. SECTION 2. Said chapter 118E is further amended by striking out section 32 and inserting in place thereof the following section:- Section 32. (a) Notwithstanding any provision of law to the contrary, a petition for admission to probate of a decedent's will or for administration of a decedent's estate shall include a sworn statement that copies of said petition and death certificate have been sent to the division by certified mail in accordance with sections 3–306(f) and 3–403(f) of chapter 190B. Within 30 days of a request by the division, a personal representative shall complete and send to the division by certified mail a form prescribed by the division and provide such further information as the division may require. In the event a petitioner fails to send copies of the petition and death certificate to the division and the decedent received medical assistance for which the division is authorized to recover under section 31, any person receiving a distribution of assets from the decedent's estate shall be liable to the division to the extent of such distribution. (b) The division may present claims against a decedent's estate as follows: (1) within 4 months after approval of the official bond of the personal representative, file a written statement of the amount claimed with the registry of probate where the petition was filed and deliver or mail a copy thereof to the personal representative. The claim shall be deemed presented upon the filing of the claim in the registry of probate; or (2) within 1 year after date of death of the decedent, commence an action under the provisions of section 9 of chapter 197. (c) When presenting its claim by written statement under subsection (b), the division shall also notify the personal representative of (1) the circumstances and conditions which must exist for the division to be required to defer recovery under section 31; (2) the circumstances and conditions which must exist for the division to waive recovery under its regulations for undue hardship; (3) how to obtain a detailed accounting of the claim; (4) limitations on estate recovery related to the decedent having a long term care policy; (5) the limitation described in subsections (d), (e) and (f) of section 31; and (6) the personal representative’s obligation to mail a copy of the division’s written statement to all individuals who may be entitled to deferral or waiver of estate recovery pursuant to section 31 and of the personal representative’s obligation to give the division notice of circumstances and conditions for deferral or waiver that he or she has reason to believe exist. The division shall also supply a form that may be used to notify the division of circumstances and conditions that require deferral or waiver of recovery. (d) If the division presents a claim against the decedent’s estate pursuant to subsection (b) the personal representative shall forthwith send a copy of the written statement by certified mail of the amount claimed to individuals who may be entitled to deferral or waiver of estate recovery pursuant to section 31 and the personal representative shall give the division notice of circumstances and conditions for deferral or waiver that he or she has reason to believe exist. The personal representative shall have 60 days from the date of presentment or 30 days from the date the agency responds to a request for a detailed accounting, whichever is later, to mail notice to the division by certified mail of one or more of the following findings: (1) the claim is disallowed in whole or in part, or (2) circumstances and conditions where the division is required to defer recovery under section 31 exist, or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. A notice under clause (2) or (3) shall state the specific circumstances and conditions which exist. The division shall notify the personal representative what supporting documentation it requires to determine if the circumstances in clause (2) or (3) exist and shall cooperate with the personal representative in supplying information in the possession of the agency. The division shall send a written notice to the personal representative stating whether or not it is satisfied that circumstances and conditions under clause (2) or (3) exist. If the division denies that said circumstances exist, its notice shall explain with specificity the reason for the denial and the opportunity for either an administrative hearing before the MassHealth Board of Hearings or a hearing in an action commenced by the division pursuant to subsection (f) if no administrative hearing is requested. Any party aggrieved by a decision of the MassHealth board of hearings may seek a de novo review in any action commenced by the division pursuant to subsection (f). Failure to mail a notice under clauses (1), (2), or (3) within the time allowed from presentment shall be deemed an allowance of the claim for purposes of subsection (g). (e) If the division at any time within the period for presenting claims under subsection (b) amends the amount due, the personal representative shall have an additional 60 days to mail notice to the division under clause 1 of subsection (d). (f) If the division receives a disallowance under clause (1) of subsection (d), the division may commence an action to enforce its claim in a court of competent jurisdiction within 60 days after receipt of said notice of disallowance. If the division receives a notice under clause (2) or (3) of said subsection (d), with which it disagrees, the division may commence an action in a court of competent jurisdiction within 60 days after receipt of said notice or within 30 days of a final decision of the MassHealth board of hearings with which it disagrees, whichever is later. If the division commences an action to enforce its claim, any and all costs and fees incurred by the Personal Representative in defense of such claim shall be recognized as costs and expenses incurred in the administration of the estate and such expenses shall be given priority pursuant to clause (1) of subsection (a) of section 3-805 of chapter 190B. If the division fails to commence an action after receiving a notice under clause (2) of said subsection (d), the division shall defer recovery while the circumstances or conditions specified in said notice continue to exist. If the division fails to commence an action after receiving a notice under clause (3) of subsection (d), the division shall waive recovery for undue hardship. (g) Unless otherwise provided in any judgment entered, claims allowed pursuant to this section shall bear interest at the rate provided under section 6I of chapter 231 commencing 4 months plus 60 days after approval of the official bond of the personal representative. Notwithstanding the foregoing, if the division fails to commence an action after receipt of a notice under clause (2) of subsection (d), interest at the rate provided under section 6I of chapter 231 shall not commence until the circumstances or conditions specified in the notice received by the division under said clause (2) cease to exist. The personal representative shall notify the division within 30 calendar days of any change in the circumstances or conditions asserted in said clause (2) notice, and upon request by the division, shall provide updated documentation verifying that the circumstances or conditions continue to exist. If the division's claim has been allowed as provided herein and no circumstances and conditions requiring that the division defer recovery under section 31 exist, it may petition the probate court for an order directing the personal representative to pay the claim to the extent that funds are available or for such further relief as may be required. (h) Notice of a petition by a personal representative for a license to sell real estate shall be given to the division in any estate where: (1) the division has filed a written statement of claim with the registry of probate as provided in subsection (b); or (2) the division has filed with the registry of probate a notice, as prescribed under subsection (a) of section 9 of chapter 197, that an action has been commenced. (i) In all cases where:— (1) the division determines it may have a claim against a decedent's estate; (2) a petition for administration of the decedent's estate or for admission to probate of the decedent's will has not been filed; and (3) more than 1 year has passed from the decedent's date of death, the division is hereby authorized to designate a public administrator to be appointed and to serve pursuant to chapter 194 subject to the time limitations under chapter 190B. Said designation by the division shall include a statement of the amount claimed. This provision shall apply to all estates in which no petition for administration of the decedent's estate or for admission to probate of the decedent's will has been filed as of the effective date of this section, regardless of the decedent's date of death. Said public administrator shall have the same rights and duties as the personal representative and the same 60-day opportunity to send notice to the division (1) that the claim is disallowed in whole or in part; or (2) circumstances and conditions where the division is required to defer recovery under section 31 exist; or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. (j) If the personal representative wishes to sell or transfer any real property against which the division has filed a lien or claim not yet enforceable because circumstances or conditions specified in section 31 continue to exist, the division shall release the lien or claim if the personal representative agrees to (1) either set aside sufficient assets to satisfy the lien or claim, or to give bond to the division with sufficient surety or sureties and (2) repay the division as soon as the circumstances or conditions which resulted in the lien or claim not yet being enforceable no longer exist. Notwithstanding the foregoing provision or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien or claim. SECTION 3. Said chapter 118E is further amended by inserting after section 34 the following section:- Section 34A. (a) The division shall give notice of the conditions in which it may seek estate recovery, including, but not limited to, an explanation of what constitutes an estate, what services and expenses are subject to recovery, what Medicaid spending or property is exempt from estate recovery, the relationship between a life-time lien and estate recovery and provisions for deferral or waiver of estate recovery. The notice shall be in clear and non-technical language with citation to the applicable law. The notice should also explain how an individual may obtain an accounting of the current amount of MassHealth spending potentially subject to recovery. The notice must be supplied to individuals potentially subject to estate recovery at the time of application, at least annually thereafter so long as said individuals are eligible for MassHealth, and at the time any lien is released. (b) The division shall give an additional notice to any individual who is required to enroll or given the option to enroll in any Medicaid managed care organization, accountable care organization, senior care options plan, integrated care organization, prepaid health plan or any other delivery system in which Medicaid spending takes the form of a fixed monthly premium or other capitated amount who may be subject to estate recovery. Said additional notice shall be prior to enrollment in managed care, and shall explain how the amount of MassHealth spending subject to estate recovery is determined when MassHealth spending is a fixed monthly payment or capitated amount, and how the member may obtain the amount of said fixed payment or capitated amount subject to estate recovery. SECTION 4. The executive office shall file a state plan amendment or waiver application, as may be required, to implement the provisions of this Act.

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An Act providing Medicaid coverage for tobacco cessation programs and information

H1169

HD1544

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1169/DocumentHistoryActions

Bill

By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 1169) of Christine P. Barber and others relative to providing Medicaid coverage for tobacco cessation programs and information. Health Care Financing.

SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting at the end of section 10M the following:- “provided further that “tobacco use cessation counseling” shall include individual, group and phone counseling by a physician, dentist, behavioral health counselor, mental health counselor, certified tobacco use cessation counselor, or other qualified clinician.”

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An Act relative to vertical integration of medical marijuana businesses

H117

HD2820

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http://malegislature.gov/api/GeneralCourts/193/Documents/H117/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 117) of David M. Rogers and others relative to medical marijuana businesses. Cannabis Policy.

SECTION 1. Paragraph (4) of subsection (d) of Section 2 of Chapter 62 is hereby amended by striking out "medical marijuana treatment center” and inserting in place thereof the following words:- medical marijuana establishment SECTION 2. Paragraph (4) of Section 30 of Chapter 63 is hereby amended by striking out “medical marijuana treatment center” and inserting in place thereof the following words:- medical marijuana establishment SECTION 3. Section 4 of chapter 64N of the General Laws is hereby amended by inserting after the words “medical marijuana treatment center” the following:- , medical marijuana establishment, SECTION 4. Section 1 of chapter 94I of the General Laws is hereby amended by striking the definitions of “Card holder”, “Cultivation registration”, “Locked area”, “Medical marijuana treatment center”, “Medical use marijuana”, “Medical use marijuana license”, “Registration card”, and “Temporary Registration”, and inserting the following definitions:- “Card holder”, a registered qualifying patient, personal caregiver or agent of a medical marijuana establishment who has been issued and possesses a valid registration card. “Cultivation registration”, a registration issued to a fully integrated medical marijuana treatment center or medical marijuana cultivator to grow medical use marijuana under the terms of this chapter, or to a qualified patient or personal caregiver. “Fully integrated medical marijuana treatment center” a medical marijuana-related business licensed by the commission with the ability to cultivate, manufacture, process, and sell medical use marijuana to qualifying patients, personal caregivers, and medical marijuana establishments. “Locked area”, a closet, room, greenhouse or other indoor or outdoor area equipped with locks or other security devices, accessible only to registered and authorized medical marijuana establishment employees, registered qualifying patients or registered personal caregivers. ''Medical marijuana establishment'', a medical marijuana cultivator, medical marijuana product manufacturer, fully integrated medical marijuana treatment center, medical marijuana retailer or any other type of medical marijuana-related business licensed by the commission. ''Medical marijuana treatment center'', the premises approved under a fully integrated medical marijuana treatment center license “Medical use marijuana”, marijuana or marijuana accessories sold by a medical marijuana establishment or a fully integrated medical marijuana treatment center to a card holder for medical use or marijuana or marijuana accessories possessed by a qualifying patient under a cultivation registration. “Medical use marijuana license”, a license issued by the commission that permits the licensee to operate a medical marijuana establishment or a fully integrated medical marijuana treatment center. “Registration card”, a personal identification card issued by the commission to a registered qualifying patient, personal caregiver, laboratory agent or agent of a medical marijuana establishment or a fully integrated medical marijuana treatment center. The registration card facilitates verification of an individual registrant's status, including, but not limited to, verification that a registered healthcare professional has provided a written or electronic certification to the qualifying patient; that the patient has designated the individual as a personal caregiver; that a laboratory agent has been registered with the commission and is authorized to possess and test marijuana; or that an agent has been registered with the commission and is authorized to work at a medical marijuana establishment or a fully integrated medical marijuana treatment center. A temporary registration issued to a qualifying patient shall be deemed a registration card. “Temporary Registration” an interim registration document for patients and their personal caregivers generated automatically upon the commission's receipt of a healthcare professional's electronic certification. The temporary registration document shall constitute a registration card for patients and their personal caregivers to access a medical marijuana establishment or a fully integrated medical marijuana treatment center. Temporary registration shall expire 14 days after the commission issues the registration card. SECTION 5. Subsection (c) of Section 2 of chapter 94I of the General Laws, is hereby amended by striking “medical marijuana treatment center” and inserting in place thereof the following words:- medical marijuana establishment SECTION 6. Section 2 of chapter 94I of the General Laws, is hereby amended by adding the following subsection:- (f) The commission may establish and enforce license tiers to make available separate license classes, including but not limited to: medical marijuana product manufacturer, medical marijuana cultivator, fully integrated medical marijuana treatment center, and medical marijuana retailer. The commission may promulgate the rules and regulations relative to medical license classes established under this subsection and shall have the power to encourage full participation in the medical marijuana industry by people from communities disproportionately harmed by cannabis prohibition and enforcement. SECTION 7. Section 7 of chapter 94I, is hereby amended by striking the words “medical marijuana treatment centers" and inserting in place thereof the following words:- medical marijuana establishments, and for any classes of license under subsection (f) of section 2 of this chapter, SECTION 8. Chapter 94G is hereby amended, in section 1, by striking out the definitions of “Host community”, “Host community agreement”, and “Independent testing laboratory”, and inserting the following definitions:- “Host community” a municipality in which a marijuana establishment or a medical marijuana establishment is located or in which an applicant has proposed locating a marijuana establishment or a medical marijuana establishment. “Host community agreement” an agreement between a marijuana establishment or a medical marijuana establishment and a municipality pursuant to subsection (d) of section 3. “Independent testing laboratory”, a laboratory that is licensed by the commission and is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the commission; (ii) independent financially from any medical marijuana establishment or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with regulations promulgated by the commission pursuant to this chapter. SECTION 9. Subsection (d) of Section 3 of Chapter 94G is hereby amended by striking out, in all instances, the words “marijuana establishment or medical marijuana treatment center” and inserting in place thereof the following words:- marijuana establishment or medical marijuana establishment SECTION 10. Subsection (d) of Section 3 of Chapter 94G is further amended by striking out, in all instances, the words “marijuana establishment or a medical marijuana treatment center” and inserting in place thereof the following words:- marijuana establishment or a medical marijuana establishment SECTION 11. Subsection (f) of Section 3 of Chapter 94G is hereby amended by striking out “medical marijuana treatment centers” and inserting in place thereof the following words:- medical marijuana establishments SECTION 12. Clause (xx) of subsection (a½) of section 4 of Chapter 94G is hereby amended by striking out the words “medical marijuana treatment center” and inserting in place thereof the following words:- fully integrated medical marijuana treatment center SECTION 13. Clause (4) of subsection (c) of section 4 of Chapter 94G is hereby amended by striking out, in both instances, the words “medical marijuana treatment center” and inserting in place thereof the following words:- medical marijuana establishment SECTION 14. Clause (5) of subsection (c) of section 4 of Chapter 94G is hereby amended by striking out the words “medical marijuana treatment centers” and inserting in place thereof the following words:- medical marijuana establishments SECTION 15. Clause (xxxv) of subsection (a½) of section 4 of chapter 94G is hereby amended by striking out “medical marijuana treatment centers” and inserting in place thereof the following words:- medical marijuana establishments SECTION 16. Subsection (c) of Section 14A of Chapter 94G is hereby amended by striking out “medical marijuana treatment centers” and insetting in place thereof the following words:- medical marijuana establishments SECTION 17. Chapter 94G is hereby amended by striking out Section 16 and inserting in place thereof the following section:- Section 16. No licensee shall be granted more than 3 marijuana retailer licenses, 3 fully integrated medical marijuana treatment center licenses, 3 medical marijuana retailer licenses, 3 medical marijuana product manufacturer licenses, 3 medical marijuana cultivator licenses, 3 marijuana product manufacturer licenses, or 3 marijuana cultivator licenses; provided, however, that a licensee may hold 3 marijuana retailer licenses, 3 medical marijuana retailer licenses, 3 medical marijuana product manufacturer licenses, 3 medical marijuana cultivator licenses, 3 marijuana product manufacturer licenses and 3 marijuana cultivator licenses, provided, however, that each fully integrated medical marijuana treatment center license shall be equivalent to 1 medical marijuana retail license, 1 medical marijuana cultivator license and 1 medical marijuana product manufacturer license, and provided furthermore that a licensee holding 3 fully integrated medical marijuana treatment center licenses shall be prohibited from obtaining any additional medical marijuana-related licenses. SECTION 18. The cannabis control commission may allow fully integrated medical marijuana treatment centers the ability to amend their license, subject to the license limit established in section 16 of chapter 94G, for up to one year after the effective date of this act.

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An Act to promote primary care through Medicaid graduate medical education funding

H1170

HD2674

{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-19T15:19:43.293'}

[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-19T15:19:43.2933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:42:02.0533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:30:53.3066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T11:18:01.39'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-21T14:44:53.91'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T15:57:01.06'}]

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Bill

By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 1170) of Natalie M. Blais and others for legislation to promote primary care through Medicaid graduate medical education funding. Health Care Financing.

SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting at the end thereof the following new section:- Section 80. (a) Notwithstanding any general or special law to the contrary, the executive office shall include in its reimbursement rates to qualifying acute care hospitals for graduate medical education in primary care, behavioral health, and other physician residency training in fields experiencing physician shortages, as determined by the secretary. Payments for graduate medical education shall be based on the Medicare direct graduate medical education methodology, Section 1886(h) of the Social Security Act, as implemented by 42 CFR 413.75 through 42 CFR 413.83 taking into consideration MassHealth utilization and primary care, behavioral health, and other physician residents in fields identified by the executive office (b) No later than July 1, 2024, the secretary, in consultation with the executive office of administration and finance, shall identify an adequate amount of annual Medicaid graduate medical education funding necessary to fulfill the requirements of this section, as well as state and other funding sources for use for graduate medical education expenditures. The secretary shall report its recommendations to the joint committee on healthcare finance and committees on ways and means. (c) The first annual payment to qualifying acute care hospitals and community health centers under this section must be made no later than October 1, 2025.

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An Act to incentivize high-value care

H1171

HD3040

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:24:59.833'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:24:59.8333333'}]

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Bill

By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1171) of Daniel Cahill for legislation to incentivize high-value care. Health Care Financing.

SECTION 1. Subsection (f) of said section 15 of said chapter 6D, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “which providers of” the following:- health care services and SECTION 2. Said subsection (f) of said section 15 of said chapter 6D, as so appearing, is hereby further amended by striking out words “of these services”. SECTION 3. Said Subsection (f) of said section 15 of said chapter 6D, as so appearing, is hereby further amended by striking out the words “as an approved provider of these free-standing ancillary services for ACO patients”. SECTION 4. Said Subsection (f) of said section 15 of said chapter 6D, as so appearing, is hereby further amended by striking out the words “of free-standing ancillary services”. SECTION 5. Said section 15 of said chapter 6D, as so appearing, is hereby amended by adding the following subsection:- (h) The commission shall annually review the standards published by each certified ACO pursuant to subsection (f) and shall issue a report of its findings, including any recommendations. At a minimum, the commission’s review shall include whether the ACO’s standards ensure consideration and participation by providers sufficient to ensure the goals of subsection (c) and to maximize value to patients by minimizing price and health status adjusted total medical expenses and maximizing quality and access. Such findings shall be used by the commission in the examination and cross examination of witnesses at the annual cost trend hearings pursuant to section 8. The commission shall biennially amend the minimum standards established under subsection (b) in order to ensure processes by which participants and out-of-ACO arrangements are approved and structured by certified ACOs, including through joint venture arrangements. SECTION 5. Notwithstanding any other general or special law to the contrary, not later than March 1, 2024, the health policy commission shall promulgate regulations to implement the aggrieved provider review process established in subsection (f) of section 15 of chapter 6D of the General Laws.

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An Act relative to same day drug testing

H1172

HD4028

{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T16:13:30.727'}

[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T16:13:30.7266667'}]

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Bill

By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 1172) of Peter Capano that the Division of Medical Assistance practices allow for definitive drug tests to be billed on the same day as presumptive drug tests when medically necessary. Health Care Financing.

Chapter 118E of the General Laws, as appearing in the 2017 Official Edition, is hereby amended by adding at the end thereof the following new section:- Section 78. Same Day Drug Testing – Presumptive and Definitive The Division of Medical Assistance shall ensure that current regulations, bulletins and practices allow for definitive drug tests to be billed on the same day as presumptive drug tests (drug screens) when medically necessary for managing a patient’s treatment in outpatient pain management or substance abuse treatment settings. The policy shall be consistent with American Medical Association and CMS HCPCS coding and may include but not be limited to establishing preferred providers, setting educational requirements for providers and differentiating among provider types.

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An Act to restore the effective date of MassHealth coverage for new applicants

H1173

HD2440

{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T13:06:00.687'}

[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T13:06:00.6866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-01T14:57:09.7'}]

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Bill

By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 1173) of Gerard J. Cassidy and Jennifer Balinsky Armini relative to the effective date of MassHealth coverage for new applicants. Health Care Financing.

SECTION 1. Section 9A of chapter 118E of the General Laws is hereby amended by inserting the following new paragraph:- (17) For applicants under age 65 who submit all required eligibility verifications within the time determined by the division, the start date of coverage shall begin on the first day of the third calendar month before the month of application.

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An Act to ensure temporary nursing service agency quality and accountability

H1174

HD2855

{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T14:13:15.613'}

[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T14:13:15.6133333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-01T14:56:16.4833333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-01T14:56:16.4833333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-01T14:56:16.4833333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-03-01T14:56:16.4833333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T14:56:16.4833333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T14:56:16.4833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-03T10:41:07.4333333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-06T11:20:19.7733333'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-23T13:36:50.9333333'}]

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Bill

By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 1174) of Gerard J. Cassidy and others for legislation to ensure temporary nursing service agency quality and accountability. Health Care Financing.

SECTION 1. Section 13D of Chapter 118E, as appearing in the Massachusetts General Laws 2020 Edition, is hereby amended by striking paragraph 7 and replacing it with the following new paragraph In establishing rates for nursing pools under section 72Y of chapter 111, the executive office shall establish annually the limit for the rate for service provided by nursing pools to licensed facilities. The executive office shall establish industry-wide class rates for such services and shall establish separate class rates for services provided to nursing facilities and hospitals. The executive office shall establish separate rates for registered nurses, licensed practical nurses and certified nursing assistants. The executive office may establish rates by geographic region. The rates shall include an allowance for wages, payroll taxes and fringe benefits, which shall be based upon, and shall not exceed, median wages, payroll taxes and fringe benefits paid to permanent medical personnel of the same type at health care facilities in the same geographic region. The rates shall also include an allowance for reasonable administrative expenses and a reasonable profit factor, as determined by the executive office. The executive office may exempt from the rates certain categories, as defined by the executive office, of fixed-term employees that work exclusively at a particular health care facility for a period of at least 90 days and for whose services there is a contract between a facility and a nursing pool registered with the department of public health. The executive office shall establish procedures by which nursing pools shall submit cost reports, which may be subject to audit, to the executive office to establish rates. The executive office shall determine the nursing pool rate contained in this paragraph by considering wage and benefit data collected from cost reports received from nursing pools and from health care facilities and other relevant information gathered through other collection tools or reasonable methodologies. For purposes of quality, accountability and transparency, the executive office shall annually ensure that temporary nursing service agencies are (1) meeting their obligation to provide temporary personal work consistent with the requirements of the Department of Public Health regulation at 105 CMR 157.00 and (2) assigning staff in conformance with Department of Public Health regulations, including CMR 105 CMR 157.00. The executive office shall establish a Temporary Nursing Service Agency Performance Report Card and make this information publicly available on the Internet as a means to increase the reliability of evaluating a temporary nursing services agency before a medical provider contracts for its services. The Performance Report Card shall include, but not be limited to: (a) auditing whether the temporary nursing service agencies are adhering to the reporting standards of conduct for nurses set forth at 244 CMR 9.03, Standards of Conduct for Nurses, and (b) assessing performance of nursing pool personnel assigned to facilities including at a minimum: (i) review and response to facility complaints; (ii) record of staff reliability in fulfilling assignments; and (iii) policies to establish on-site assessments of staff placed in facilities on each assigned shift. The annual report shall also include, at a minimum, the following information by geographic area which the health care personnel performed the work by facility type of hospital and nursing: (a) The average amount charged by nursing pools for health care personnel by license type; (b) The average amount paid by the nursing pool to health care personnel by license type; (c) The average amount of labor-related costs paid by the nursing pool by health care personnel license type, such as payroll taxes, workers’ compensation insurance, professional liability coverage, credentialing, and other employee-related costs. SECTION 2. Nursing pools certified under section 72Y of chapter 111 of general laws, or any of their affiliated parties, shall be prohibited from soliciting and/or hiring nursing facility employees from nursing facilities in which the temporary nurse staffing agency has an active contract for the period of the contract plus 12 months.

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An Act relative to the closing of hospital essential services

H1175

HD267

{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-11T14:12:55.603'}

[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-11T14:12:55.6033333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-25T10:53:54.6'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T09:51:13.73'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:29:25.24'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-25T11:29:25.24'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-25T12:11:36.9666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T11:55:29.4966667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-26T11:55:29.4966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-26T11:55:29.4966667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:55:29.4966667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-26T11:55:29.4966667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-30T11:25:01.39'}, {'Id': 'ERP1', 'Name': 'Edward R. 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http://malegislature.gov/api/GeneralCourts/193/Documents/H1175/DocumentHistoryActions

Bill

By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1175) of Edward F. Coppinger and others relative to the closing of hospital essential services. Health Care Financing.

Section 1. Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking subsection (4) of section 51G and inserting in place thereof the following section: (4) (a) A hospital shall notify the department of a proposed closure at least one calendar year in advance of the date of the proposed closure or discontinuance of an essential health service. (b) At least 30 days prior to notifying the department of the proposed closure or discontinuance of an essential health service, the hospital shall inform either electronically or in writing the Department and the following parties of its intent to submit notice: (a) The hospital’s patient and family council; (b) Each staff member of the hospital; (c) Every labor organization that represents the hospital’s workforce during the period of the essential services closure; (d) The members of the General Court who represent the city or town in which the hospital is located; and; (e) A representative of the local officials of the city or town in which the hospital is located. The department shall define essential services according to 105 CMR 130. (c) At least 30 days prior to notifying the department of the proposed closure of an essential health service, a detailed account of any community engagement and planning which has occurred prior to such filing, and such other information as the Commissioner may require shall be presented to the department. With respect to the proposed closure of an essential health service, the hospital shall also send a copy of the notice that it submits to the Department to the Health Policy Commission, Office of the Attorney General, Center for Health Information and Analysis, and Executive Office of Labor and Workforce Development as well as each of the health care coalitions and community groups identified by the hospital in its notice to the department. d) The hospital proposing the discontinuance shall provide, with their initial notice to the department, evidence of support or non-opposition to the proposed change from each municipality to which it provides the service as a health care resource, as determined pursuant to section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be obtained, evidence of having given notice and allowed an opportunity for comment from said municipalities. Any notice given without meeting the requirements of this paragraph shall not constitute notice to the department for the purpose of establishing the earliest date on which the hospital may close or discontinue an essential health service. (e) The department shall, in the event that a hospital proposes to discontinue an essential health service or services, determine whether any such discontinued services are necessary for preserving access and health status in the hospital’s service area, require the hospital to submit a plan for assuring access to such necessary services following the hospital’s closure of the service, and assure continuing access to such services in the event that the department determines that their closure will significantly reduce access to necessary services. This plan shall include the creation of a community oversight committee comprised of a representative from each municipality to which the hospital provides the service as a health care resource as well as non-managerial employees, including registered nurses and ancillary staff, from the hospital, and a representative from a local interfaith organization to ensure that any plan approved by the department is followed. The community oversight group shall inform the department in the event the plan is not executed and followed by the hospital. If the hospital's plan for assuring continued access to a necessary service relies upon the availability of similar services at another hospital or health facility with which it does not share common ownership, the department shall require the hospital to submit with said plan a statement from each other hospital or health facility listed in the plan, affirming their capacity to provide continued access as described in the plan. The department shall conduct a public hearing prior to a determination on the closure of said essential services or of the hospital. No original license shall be granted to establish or maintain an acute-care hospital, as defined by section 25B, unless the applicant submits a plan, to be approved by the department, for the provision of community benefits, including the identification and provision of essential health services. In approving the plan, the department may take into account the applicants existing commitment to primary and preventive health care services and community contributions as well as the primary and preventive health care services and community contributions of the predecessor hospital. The department may waive this requirement, in whole or in part, at the request of the applicant which has provided or at the time the application is filed, is providing, substantial primary and preventive health care services and community contributions in its service area. (f) If a hospital executes a plan to discontinue an essential health service, said plan not having been approved by the department pursuant to this section, the Attorney General shall seek an injunction to require that the essential health service be maintained for the duration of the notice period outlined in subsection (a). Additionally, that hospital shall not be eligible to have an application approved pursuant to section 25C for a period of three years from the date the service is discontinued, or until the essential health service is restored, or until such time as the department is satisfied that a plan is in place that, at the time of the discontinuance, would have met the requirements of paragraph (c). (g) To preserve access to essential services, hospitals shall not close any beds, units or facilities for the duration of any declared state of emergency pertaining to health care.

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An Act relative to promoting comprehensive transparency in the pharmaceutical industry

H1176

HD850

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1176/DocumentHistoryActions

Bill

By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1176) of Edward F. Coppinger and others relative to promoting comprehensive transparency in the pharmaceutical industry. Health Care Financing.

SECTION 1. Section 1 of chapter 6D, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Disproportionate share hospital” the following definition:- “Early notice”, advanced notification by a pharmaceutical manufacturing company of a new drug, device or other development coming to market. SECTION 2. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “Performance penalty” the following 3 definitions:- “Pharmaceutical manufacturing company”, any entity engaged in the production, preparation, propagation, compounding, conversion or processing of prescription drugs, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed pursuant to section 36A of chapter 112 or a retail pharmacist registered pursuant to section 38 of said chapter 112. “Pharmacy benefit manager”, any person, business or entity, however organized, that administers, either directly or through its subsidiaries, pharmacy benefit services for prescription drugs and devices on behalf of health benefit plan sponsors, including, but not limited to, self-insured employers, insurance companies and labor unions. “Pharmacy benefit services” shall include, but not be limited to: formulary administration; drug benefit design; pharmacy network contracting; pharmacy claims processing; mail and specialty drug pharmacy services; and cost containment, clinical, safety, adherence programs for pharmacy services. For the purposes of the chapter, a health benefit plan that does not contract with a pharmacy benefit manager shall be a pharmacy benefit manager. SECTION 3. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “Physician” the following definition:- “Pipeline drugs”, which are defined as those drugs that contain a new molecular entity (“NME”) for which the sponsor has submitted a new drug application or biologics license application (“BLA”). SECTION 4. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “State Institution” the following definition:- “Sponsor”, any person who submits an NDA (including a 505(b)(2) application), ANDA, BLA or an amendment or supplement to an NDA, ANDA, or BLA to obtain FDA approval of a new drug or FDA licensure of a biological product application and any person who owns an approved NDA (including a 505(b)(2) application), ANDA, or BLA. SECTION 5. Section 4 of said chapter 6D, as so appearing, is hereby amended by striking out, in lines 6 and 7, the word “manufacturers” and inserting in place thereof the following words:- manufacturing companies, pharmacy benefit managers. SECTION 6. Section 6 of said chapter 6D, as so appearing, is hereby amended by adding the following paragraph:- To the extent that the analysis of spending trends with respect to pharmaceutical or biopharmaceutical products increases the expenses of the commission, such expenses shall be fully assessed to pharmaceutical manufacturing companies and pharmacy benefit managers. Any fees assessed by the commission under this section, when paid by every pharmaceutical manufacturing company and pharmacy benefit manager, shall not exceed the commission’s reasonable regulatory costs to analyze such spending trends, and in no event shall exceed $2000 annually as assessed against each such pharmaceutical manufacturing company and pharmacy benefit manager. A pharmacy benefit manager that is a surcharge payor subject to the preceding paragraph and administers its own prescription drug, prescription device or pharmacist services or prescription drug and device and pharmacist services portion shall not be subject to additional assessment under this paragraph. SECTION 7. Section 8 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “organization” , in lines 6 and 7, the following words:- , pharmacy benefit manager, pharmaceutical manufacturing company. SECTION 8. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by inserting after the word “organizations”, in line 14, the following words:- , pharmacy benefit managers, pharmaceutical manufacturing companies. SECTION 9. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by striking out, in lines 32 and 33 , the words “and (xi) any witness identified by the attorney general or the center” and inserting in place thereof the following words:- (xi) 2 pharmacy benefit managers; (xii) 3 pharmaceutical manufacturing companies, 1 of which shall be representative of a publicly traded company that manufactures specialty drugs, 1 of which shall be representative of and doing business in generic drug manufacturing and 1 of which shall have been in existence for fewer than 10 years; and (xiii) any witness identified by the attorney general or the center. SECTION 10. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by striking out, in line 48, the first time it appears, the word “and”. SECTION 11. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by inserting after the word “commission”, in line 59, the first time it appears, the following words:- ; and (iii) in the case of pharmacy benefit managers and pharmaceutical manufacturing companies, testimony that is suitable for public release and that is not likely to compromise the financial, competitive or proprietary nature of any information and data concerning factors underlying prescription drug costs and price increases; the impact of aggregate manufacturer rebates, discounts and other price concessions on net pricing; and any other matters as determined by the commission. No pharmaceutical manufacturing company identified as a witness under this section, or any testimony by any such company, shall be subject to the provisions of section 17 of chapter 12C. SECTION 12. Subsection (g) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The report shall be based on the commission's analysis of information provided at the hearings by witnesses, providers, provider organizations, insurers, pharmaceutical manufacturing companies and pharmacy benefit managers, registration data collected pursuant to section 11, data collected or analyzed by the center pursuant to sections 8, 9, 10, 10A and 10B of chapter 12C and any other available information that the commission considers necessary to fulfill its duties in this section, as defined in regulations promulgated by the commission. SECTION 13. Section 8A of chapter 6D is hereby deleted and replaced in its entirety with the following new section:- Section 8A. (a) As used in this section, the following word shall, unless the context clearly requires otherwise, have the following meaning: “Manufacturer”, an entity that manufactures a pharmaceutical drug covered by MassHealth. “Rare disease”, any disease that affects fewer than 200,000 people in the United States, which has status as an "orphan" disease for research purposes, or is known to be substantially under diagnosed and unrecognized as a result of lack of adequate diagnostic and research information. “Wholesale acquisition cost”, the cost of a prescription drug as defined in 42 U.S.C. §1395w-3a(c)(6)(B). (b) The commission may require a manufacturer specified in subsection (c) to disclose to the commission within a reasonable time the following information relating to the manufacturer’s pricing of that drug, as applicable, on a standard reporting form developed by the commission with the input of the manufacturers: (1) A schedule of the drug’s wholesale acquisition cost increases over the previous five calendar years if the drug was manufactured by the company; (2) A written description suitable for public release of the specific financial and nonfinancial factors used to make the decision to increase the wholesale acquisition cost of the drug over the previous five calendar years including, but not limited to, an explanation of how these factors explain the increase in the wholesale acquisition cost; (3) The manufacturer’s aggregate, company-level research and development and other relevant capital expenditures, including facility construction, for the most recent year for which final audited data are available; (4) If the drug was acquired by the manufacturer within the previous 5 years, all of the following information: (A) The wholesale acquisition cost at the time of acquisition and in the calendar year prior to acquisition. (B) The name of the company from which the drug was acquired, the date acquired, and the purchase price. (C) The year the drug was introduced to market and the wholesale acquisition cost at the time of introduction. (5) The patent expiration date of the drug if it is under patent. (6) If the drug is a multiple source drug, an innovator multiple source drug, a noninnovator multiple source drug, or a single source drug, as defined in subparagraph (A) of paragraph (7) of subdivision (k) of Section 1396r–8 of Title 42 of the United States Code. (7) A description of the change or improvement in the drug, if any, that necessitates the price increase. (8) Volume of sales of the drug in the US for the previous year. (9) If the drug was approved during the preceding 5 calendar years, and the wholesale acquisition cost of the drug exceeded a current average annual gross cost per utilizer for public and private health care payers in Massachusetts of greater than $50,000 during the immediately preceding calendar year, all of the following information: (A) A description of the marketing and pricing plans used in the launch of the drug in the US and internationally. (B) The estimated volume of patients that are prescribed the drug. (C) If the drug was granted breakthrough therapy designation or priority review by the Federal Food and Drug Administration prior to final approval. (D) The date and price of acquisition if the drug was not developed by the manufacturer. (10) Any other information that the manufacturer wishes to provide to the commission. The manufacturer may limit the information reported pursuant to this section to that which is otherwise in the public domain or publicly available. Based on the records furnished, as well as any records relied upon by the executive office of health and human services in connection with the procedures under section 12A of chapter 118E and any other publicly available records, the commission may identify a proposed supplemental rebate, in consultation with the executive office, for a prescribed drug specified in subsection (c); provided that the proposed supplemental rebate may be based on a proposed value of the drug; and provided further, that the commission shall consider any proposed supplemental rebate framework or other information provided to the commission under subsection (g) of section 12A of chapter 118E. (c) A manufacturer of the following prescribed drugs shall comply with the requirements set forth in this section: a drug for which the executive office was unable to successfully conclude supplemental rebate negotiations with the manufacturer under subsections (b) and (c) of section 12A of chapter 118E, and for which the commission has received notice from the executive office under subsection (g) of said section 12A of said chapter 118E. (d) Records disclosed by a manufacturer under this section shall: (i) be accompanied by an attestation that all information provided is true and correct; (ii) not be public records under section 7 of chapter 4 or chapter 66; and (iii) remain confidential; provided, however, that the commission may produce reports summarizing any findings; provided that any such report shall not be in a form that identifies specific prices charged for or rebate amounts associated with drugs by a manufacturer, or in a manner that is likely to compromise the financial, competitive or proprietary nature of any information. (e) If, after review of any records furnished to the commission under subsection (b), the commission determines that the manufacturer’s pricing of the drug is potentially unreasonable or excessive in relation to the commission’s proposed value under subsection (b), the commission shall, with 30 days’ advance notice to the manufacturer, request that the manufacturer provide, at the manufacturer’s discretion, further information related to the pricing of the prescribed drug and the manufacturer’s justification for the pricing. In addition to the manufacturer, the commission may identify other relevant parties including but not limited to patients, providers, provider organizations, external experts and payers who may provide information to the commission. (f) Any information, analyses or reports regarding a particular drug reviewed or used in identifying the supplemental rebate or assessing the proposed value of the drug shall be provided to the manufacturer for review and input. The commission shall consider any clarifications or data provided by the manufacturer with respect to its drug. The commission may not base its determination on the supplemental rebate, the proposed value or the reasonableness of the drug pricing, solely on the analysis or research of an outside third party. (g) If the commission relies upon a third party to provide cost-effectiveness analysis or research related to the proposed value, such analysis or research shall also provide, but not be limited in scope to, (i) a description of the methodologies and models used in its analysis; (ii) any assumptions and potential limitations of research findings in the context of the results; and (iii) outcomes for affected subpopulations that utilize the drug. (h) (1) In connection with the identification of a proposed supplemental rebate or a proposed value for a drug that is approved for the treatment of a rare disease or that is otherwise identified as first-in-class, including without limitation any consultation with a third party to provide cost effectiveness analysis or research related to the proposed value for such a drug, the commission shall ensure that opportunities exist, at a time the commission determines appropriate, for consultations with stakeholders on the following topics: (A) the disease treated by such drug; (B) the severity of disease treated by such drug; (C) the unmet medical need associated with the disease treated by such drug; (D) the impact of particular coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other Medicaid policies on access to such drug; (E) an assessment of the benefits and risks of such drug for patients; (F) the impact of particular coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other policies on patients’ adherence to the treatment regimen prescribed or otherwise recommended by their physicians; (G) Whether beneficiaries who need treatment from or a consultation with a rare disease specialist or a specialist in the disease being treated by the first-in-class drug have adequate access and, if not, what factors are causing the limited access; and (H) the demographics and the clinical description of patient populations. (2) The commission shall develop and maintain a list of external experts who, because of their special expertise, are qualified to provide advice on rare disease issues and topics described in subsection (h)(1) of this section. The commission may, when appropriate to address a specific question, consult such external experts when making a determination on a proposed supplemental rebate or proposed value of a drug approved for the treatment of a rare disease or that is designated first-in-class, when consultation is necessary because the commission lacks the specific scientific, medical, or technical expertise necessary for the performance of its responsibilities and the necessary expertise can be provided by the external experts. (3) For purposes of this section, external experts are individuals who possess scientific or medical training that the commission lacks with respect to one or more rare diseases or the disease treated by the first-in-class therapy under review. (i) Not later than 60 days after receiving information from the manufacturer, as required under subsection (b) or (e), the commission shall issue a determination on whether the manufacturer’s pricing of a drug subject to the supplemental rebate negotiation that resulted in the provision of notice under section 12A of chapter 118E is unreasonable or excessive in relation to the commission’s proposed value of the drug. (j) If the manufacturer fails to timely comply with the commission’s request for records under subsections (b) or otherwise knowingly obstructs the commission’s ability to issue its determination under subsection (i), including, but not limited to, providing incomplete, false or misleading information, the commission may impose appropriate sanctions against the manufacturer, including reasonable monetary penalties not to exceed $500,000, in each instance. The commission shall seek to promote compliance with this section and shall only impose a civil penalty on the manufacturer as a last resort. (k) The commission shall adopt any written policies, procedures or regulations the commission determines necessary to implement this section. SECTION 14. Section 9 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “organization”, in line 72, the following words:- , pharmacy benefit manager, pharmaceutical manufacturing company. SECTION 15. Said chapter 6D is hereby further amended by adding the following section:- Section 20. (a) In the course of its duties the commission may contract with a third-party entity, such as an accounting firm, to conduct an annual study of pharmaceutical or biopharmaceutical companies with pipeline drugs, generic drugs or biosimilar drugs that may have a significant impact on state health care expenditures. (b) For purposes of this section, early notice as described in subsections (c) and (d) shall be provided in the timeframes set forth in subsection (e) for the following: (1) Pipeline drugs, which are defined as those drugs that contain a new molecular entity (“NME”) for which the sponsor has submitted a new drug application or biologics license application (“BLA”); (2) All abbreviated new drug applications for generic drugs; and (3) All biosimilar biologics license applications, (c) In connection with the annual study, if requested, the applicant for a pipeline brand, biosimilar or generic drug shall provide notice to the contracted third-party entity with a brief description of the following for each drug, using data fields consistent with those employed by the United States National Institutes of Health in clinicaltrials.gov, if applicable: (1) The primary disease, health condition or therapeutic area being studied and the indication; (2) The routes of administration being studied; (3) Clinical trial comparators, if applicable; and (4) Estimated year of market entry or applicable FDA user fee action date, per the discretion of the manufacturer. (d) As part of such submission, manufacturers shall also report the receipt of any of the following designations from the FDA for each pipeline drug: (1) Orphan Drug; (2) Fast Track; (3) Breakthrough Therapy; (4) Accelerated Approval; or (5) Priority Review for New Molecular Entities (“NMEs”). (e) The data submissions required by this section shall be submitted to the contracted third-party entity no later than 60 days after receipt of the FDA user fee action date (1) Notwithstanding the foregoing, for drugs in development that receive any of the FDA designations listed in subsection (d) for NMEs, such submissions shall be provided as soon as practical upon receipt of the relevant designation. (f) Notwithstanding any provision of law to the contrary, information provided to the contacted third-party entity or to the Secretary pursuant to this section, any analysis of such information, and any resulting study or studies shall be considered to be a trade secret and confidential commercial information, and shall not be a public record pursuant to clause Twenty-sixth of section 7 of chapter 4 or chapter 66, and shall not be subject to public inspection, and shall not be released in a manner that would allow for the identification of an individual drug, therapeutic class of drugs, or manufacturer, or in a manner that is likely to compromise the financial, competitive, or proprietary nature of the information. Information disclosed pursuant to this section and any analyses of such information shall be used only by the contracted third-party entity or by the Secretary, and shall be used only for development of the study described in (a). SECTION 16. Section 11N of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) The attorney general shall monitor trends in the health care market including, but not limited to, trends in provider organization size and composition, consolidation in the provider market, payer contracting trends, patient access and quality issues in the health care market and prescription drug cost and price trends. The attorney general may obtain the following information from a private health care payer, public health care payer, pharmacy benefit manager, provider or provider organization, as any of those terms may be defined in section 1 of chapter 6D: (i) any information that is required to be submitted pursuant to sections 8, 9, 10 and 10B of chapter 12C; (ii) filings, applications and supporting documentation related to any cost and market impact review pursuant to section 13 of said chapter 6D; (iii) filings, applications and supporting documentation related to a determination of need application filed pursuant to section 25C of chapter 111; and (iv) filings, applications and supporting documentation submitted to the federal Centers for Medicare and Medicaid Services or the Office of the Inspector General for any demonstration project. Pursuant to section 8 of said chapter 6D and section 17 of said chapter 12C, and subject to the limitations in said sections, the attorney general may require that any provider, provider organization, pharmacy benefit manager, private health care payer or public health care payer produce documents, answer interrogatories and provide testimony under oath related to health care costs and cost trends, the factors that contribute to cost growth within the commonwealth's health care system and the relationship between provider costs and payer premium rates. SECTION 17. Section 1 of chapter 12C of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Patient-centered medical home” the following 3 definitions:- “Pharmaceutical manufacturing company”, any entity engaged in the production, preparation, propagation, compounding, conversion or processing of prescription drugs, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed pursuant to section 36A of chapter 112 or a retail pharmacist registered pursuant to section 38 of said chapter 112. “Pharmacy benefit manager”, any person, business, or entity, however organized, that administers, either directly or through its subsidiaries, pharmacy benefit services for prescription drugs and devices on behalf of health benefit plan sponsors, including, but not limited to, self-insured employers, insurance companies and labor unions; “Pharmacy benefit services” shall include, but not be limited to, formulary administration; drug benefit design; pharmacy network contracting; pharmacy claims processing; mail and specialty drug pharmacy services; and cost containment, clinical, safety, and adherence programs for pharmacy services. For the purposes of this section, a health benefit plan that does not contract with a pharmacy benefit manager shall be a pharmacy benefit manager, unless specifically exempted. SECTION 18. Said section 1 of said chapter said 12C, as so appearing, is hereby further amended by adding the following definition:- “Wholesale acquisition cost”, the cost of a prescription drug as defined in 42 U.S.C. §1395w-3a(c)(6)(B). SECTION 19. Section 3 of said chapter 12C, as so appearing, is hereby amended by inserting after the word “organizations”, in lines 13 and 14, the following words:- , pharmaceutical manufacturing companies, pharmacy benefit managers. SECTION 20. Said section 3 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 24, the words “and payer” and inserting in place thereof the following words:- , payer, pharmaceutical manufacturing company and pharmacy benefit manager. SECTION 21. Section 5 of said chapter 12C, as so appearing, is hereby amended by inserting after the word “organizations”, in line 11, the following words:- , pharmaceutical manufacturing companies, pharmacy benefit managers. SECTION 22. Said section 5 of said chapter 12C, as so appearing, is hereby further amended by inserting after the word “providers”, in line 15, the following words:- , affected pharmaceutical manufacturing companies, affected pharmacy benefit managers. SECTION 23. Section 7 of said chapter 12C, as so appearing, is hereby further amended by adding the following paragraph:- To the extent that the analysis and reporting activities pursuant to sections 10A or 10B increases the expenses of the center, the estimated increase in the center’s expenses shall be fully assessed to pharmaceutical manufacturing companies and pharmacy benefit managers. Any fees assessed by the center under this section, when paid by every pharmaceutical manufacturing company and pharmacy benefit manager, shall not exceed the center’s actual and reasonably regulatory costs to implement and enforce sections 10A or 10B, and in no event shall exceed $2000 annually as assessed against each such pharmaceutical manufacturing company and pharmacy benefit manager. SECTION 24. Said chapter 12C is hereby further amended by inserting after section 10 the following 2 sections:- Section 10A. (a) On or before March 1, 2026, and annually thereafter, the center shall prepare a list of not more than ten outpatient prescription drugs that the center determines account for a significant share of state health care spending, considering the net cost of such drugs in the immediately preceding calendar year. The list shall include outpatient prescription drugs from different therapeutic classes and no more than three generic outpatient prescription drugs. The center shall not list any outpatient prescription drug pursuant to this subsection unless the wholesale acquisition cost of the prescription drug, less all rebates paid to the commonwealth for such drug during the immediately preceding calendar year, increased by not less than 25 per cent during the immediately preceding calendar year. (b) The pharmaceutical manufacturing company that manufacturers a prescription drug included on a list prepared by the center pursuant to subsection (a) shall provide to the center the following: (i) a written, narrative description, suitable for public release, of factors that caused the increase in the wholesale acquisition cost of the listed prescription drug; and (ii) aggregate, company-level research and development costs and such other capital expenditures that the center deems relevant for the most recent year for which final audited data is available. (c) The quality and types of information and data that a pharmaceutical manufacturing company submits to the center pursuant to this section shall be consistent with the quality and types of information and data that the pharmaceutical manufacturing company includes in: (i) such pharmaceutical manufacturing company’s annual consolidated report on Securities and Exchange Commission Form 10-K or (ii) any other public disclosure. (d) The center shall consult with pharmaceutical manufacturing companies to establish a single, standardized form for reporting information and data pursuant to this section. The form shall minimize the administrative burden and cost imposed on the center and pharmaceutical manufacturing companies. (e) The center shall compile an annual report based on the information that the center receives pursuant to subsection (b). The center shall post such report and the information described in this subsection on the center's website on or before October 1 of each year. (f) Except as otherwise provided in this section, information and data submitted to the center pursuant to this section shall not be a public record and shall be exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66. No such information and data shall be disclosed in a manner that may compromise the financial, competitive or proprietary nature of such information and data, or that would have enable a third party to identify an individual drug, therapeutic class of drugs or pharmaceutical manufacturing company the prices charged for any particular drug or therapeutic class of drugs, or the value of any rebate or discount provided for any particular drug or class of drugs. Section 10B. The center shall promulgate regulations necessary to ensure the uniform analysis of information regarding pharmacy benefit managers that enables the center to analyze: (1) year-over-year wholesale acquisition cost changes; (2) year-over-year trends in formulary, maximum allowable costs list and cost-sharing design, including the establishment and management of specialty product lists; (3) aggregate information regarding discounts, utilizations limits, rebates, manufacturer administrative fees and other financial incentives or concessions related to pharmaceutical products or formulary programs; (4) information regarding the aggregate amount of payments made to pharmacies owned or controlled by the pharmacy benefit managers and the aggregate amount of payments made to pharmacies that are not owned or controlled by the pharmacy benefit managers; (5) pharmacy benefit manager practices related to spread pricing, administrative fees, clawbacks and formulary placement; and (6) additional information deemed reasonable and necessary by the center as set forth in the center’s regulations. (b) Not later than March 1 of each year, each pharmacy benefit manager shall file a report with the center. The report must state for the immediately preceding calendar year: (1) the aggregated rebates, fees, price protection payments, and any other payments collected from pharmaceutical drug manufacturers; and (2) the aggregated dollar amount of rebates, fees, price protection payments, and any other payments collected from pharmaceutical drug manufacturers that were: (A) passed to: (i) health plan issuers; or (ii) enrollees at the point of sale of a prescription drug; or (B) retained as revenue by the pharmacy benefit manager. (b) A report submitted by a pharmacy benefit manager may not disclose the identity of a specific health plan or enrollee, the price charged for a specific prescription drug or class of prescription drugs, or the amount of any rebate or fee provided for a specific prescription drug or class of prescription drugs. (c) Not later than June 1 of each year, the center shall publish the aggregated data from all reports for that year required by this section in an appropriate location on the center’s website. The combined aggregated data from the reports must be published in a manner that does not disclose or tend to disclose proprietary or confidential information of any pharmacy benefit manager, and any such information shall not be a public record and shall be exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66. SECTION 25. Section 11 of said chapter 12C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The center shall ensure the timely reporting of information required pursuant to sections 8, 9, 10, 10A, and 10B. SECTION 26. Said section 11 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 11, the figure “$1,000” and inserting in place thereof the following figure:- $5,000. SECTION 27. Said section 11 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 16, the figure “$50,000” and inserting in place thereof the following figure:- $200,000. SECTION 28. Section 12 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 2, the words “9, and 10” and inserting in place thereof the following words:- 9, 10, 10A and 10B. SECTION 29. Subsection (a) of section 16 of said chapter 12C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The center shall publish an annual report based on the information submitted pursuant to sections 8, 9, 10, 10A and 10B concerning health care provider, provider organization, pharmaceutical manufacturing company, pharmacy benefit manager and private and public health care payer costs and cost and price trends, pursuant to section 13 of chapter 6D relative to market impact reviews and pursuant to section 15 relative to quality data.

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An Act relative to defining invasive surgical procedures

H1177

HD2296

{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-19T12:07:27.457'}

[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-19T12:07:27.4566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1177/DocumentHistoryActions

Bill

By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1177) of Edward F. Coppinger relative to defining certain invasive surgical procedures. Health Care Financing.

SECTION 1. Chapter 112 Sections 66 to 73 of the General Laws, as appearing in the 2018 Official Edition, and as amended by Chapter 260 of the Acts of 2020, is hereby amended by inserting at the end of section 66B the following: For the purposes of sections 66 to 73, inclusive and any rules or regulations promulgated pursuant thereto, “invasive surgical procedures” shall be defined as any procedures which structurally alter the human body by the incision or destruction or cutting of tissues. Invasive surgical procedures also include the diagnostic or therapeutic treatment of conditions or disease processes by any instruments causing localized alteration or transposition of live human tissue, or surgically implanted artificial prosthetics, which include lasers, ultrasound, ionizing radiation, scalpels, probes, and needles. The tissue can be cut, injected, burned, vaporized, frozen, sutured, probed, or manipulated by closed reductions for major dislocations or fractures, or otherwise altered by mechanical, thermal, light-based, electromagnetic, chemical means, or other means. Invasive surgical procedures do not include the use of an epinephrine auto-injector to counteract anaphylaxis. SECTION 2. Nothing in this act shall be construed to restrict, limit or expand the current scope of practice authorized under Chapter 112 and in effect upon passage of this act, of any profession licensed under Chapter 112.

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An Act relative to reciprocity clarification

H1178

HD1563

{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T15:12:34.42'}

[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T15:12:34.42'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1178/DocumentHistoryActions

Bill

By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1178) of Mark J. Cusack relative to health care claims reciprocity clarification. Health Care Financing.

SECTION 1. Section 41 of Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, shall be amended by inserting at the end thereof the following:- “Nothing in this section shall be interpreted or construed to conflict with 42 U.S.C. § 1320a-7b(b), as amended, or with federal common law, federal agency interpretations or federal agency legal opinions regarding 42 U.S.C. § 1320a-7b(b).” SECTION 2. Section 3 of Chapter 175H of the General Laws, as appearing in the 2020 Official Edition, shall be amended by inserting at the end thereof the following new subsection:- “(e) Nothing in this section shall be interpreted or construed to conflict with 42 U.S.C. § 1320a-7b(b), as amended, or with federal common law, federal agency interpretations or federal agency legal opinions regarding 42 U.S.C. § 1320a-7b(b).”.

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