Text of MA H 4954 (2022)

1 of 22 FILED ON: 6/2/2022 HOUSE . . . . . . . . . . . . . . . No. 4954 House bill No. 4930, as changed by the committee on Bills in the Third Reading, and as amended and passed to be engrossed, by the House. June 29, 2022. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act expanding protections for reproductive rights. Whereas, the deferred operation of this act would tend to defeat its purpose, which is to expand protections for reproductive rights, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 1 of chapter 9A of the General Laws, as appearing in the 2020 2 Official Edition, is hereby amended by inserting after the definition of “Application assistant” 3 the following 3 definitions:- 4 “Gender-affirming health care services”, all supplies, care and services of a medical, 5 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 6 rehabilitative or supportive nature relating to the treatment of gender dysphoria. 7 “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted 8 exercise and enjoyment, by any person of rights to reproductive health care services or gender- 9 affirming health care services secured by the constitution or laws of the commonwealth; or (ii) 10 any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in 11 the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive 2 of 22 12 health care services or gender-affirming health care services secured by the constitution or laws 13 of the commonwealth, or to provide insurance coverage for such services; provided, however, 14 that the provision of such a health care service by a person duly licensed under the laws of the 15 commonwealth and physically present in the commonwealth, and the provision of insurance 16 coverage for such services, shall be legally protected if the service is permitted under the laws of 17 the commonwealth, regardless of the patient’s location. 18 “Reproductive health care services”, all supplies, care and services of a medical, 19 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 20 rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, 21 miscarriage management or the termination of a pregnancy. 22 SECTION 2. Section 2 of said chapter 9A of the General Laws, as so appearing, is 23 hereby amended by striking out subsection (1) and inserting in place thereof the following 24 subsection:- 25 (1)(a) Upon recommendation of an application assistant, an adult person, a parent or 26 guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person 27 may apply to the secretary to have an address designated by the secretary serve as the person’s 28 address or the address of the minor or incapacitated person; or 29 (b) Individuals engaged in the provision, facilitation or promotion of legally-protected 30 health care activity may apply to the secretary to have an address designated by the secretary 31 serve as the health care professional’s address; provided, that in such cases, no recommendation 32 of an application assistant shall be required. 33 SECTION 3. Said chapter 9A of the General Laws is hereby further amended by striking 34 out section 7 and inserting in place thereof the following section:- 3 of 22 35 Section 7. The secretary shall promulgate regulations to implement this chapter and in 36 doing so shall consult with the secretary of health and human services and Jane Doe Inc.: The 37 Massachusetts Coalition Against Sexual Assault and Domestic Violence, GLBTQ Legal 38 Advocates & Defenders, Inc., Planned Parenthood League of Massachusetts, Inc. and 39 Reproductive Equity Now, Inc. 40 SECTION 4. Chapter 12 of the General Laws is hereby amended by inserting after 41 section 11I the following 2 sections:- 42 Section 11I½. (a) As used in this section, the following words shall, unless the context 43 clearly requires otherwise, have the following meanings: 44 “Gender-affirming health care services”, all supplies, care and services of a medical, 45 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 46 rehabilitative or supportive nature relating to the treatment of gender dysphoria. 47 “Abusive litigation”, litigation or other action to deter, prevent, sanction or punish any 48 person engaging in legally-protected health care activity that is: (i) filed or prosecuted in any 49 state other than the commonwealth where liability, in whole or part, directly or indirectly, is 50 based on legally-protected health care activity that occurred in the commonwealth, including any 51 action in which liability is based on any theory of vicarious, joint or several liability derived 52 therefrom; or (ii) an attempt to enforce any order or judgment issued in connection with any such 53 action by any party to the action or any person acting on behalf of a party to the action; provided, 54 however, that a lawsuit shall be considered to be based on conduct that occurred in the 55 commonwealth if any part of any act or omission involved in the course of conduct that forms 56 the basis for liability in the lawsuit occurs or is initiated in the commonwealth, whether or not 57 such act or omission is alleged or included in any pleading or other filing in the lawsuit. 4 of 22 58 “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted 59 exercise and enjoyment, by any person of rights to reproductive health care services or gender- 60 affirming health care services secured by the constitution or laws of the commonwealth; or (ii) 61 any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in 62 the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive 63 health care services or gender-affirming health care services secured by the constitution or laws 64 of the commonwealth, or to provide insurance coverage for such services; provided, however, 65 that the provision of such a health care service by a person duly licensed under the laws of the 66 commonwealth and physically present in the commonwealth, and the provision of insurance 67 coverage for such services, shall be legally protected if the service is permitted under the laws of 68 the commonwealth, regardless of the patient’s location. 69 “Reproductive health care services”, all supplies, care and services of a medical, 70 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 71 rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, 72 miscarriage management or the termination of a pregnancy. 73 (b) Access to reproductive health care services and gender-affirming health care services 74 is recognized and declared to be a right secured by the constitution and laws of the 75 commonwealth. Interference with this right, whether or not under the color of law, is against the 76 public policy of the commonwealth. 77 (c) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, 78 sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a 79 person, entity or carrier that seeks, receives, causes, aids in access to, aids or abets or provides, 80 or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide 5 of 22 81 reproductive health care services or gender-affirming health care services, shall be an 82 interference with the exercise and enjoyment of the rights secured by the constitution and laws of 83 the commonwealth and shall be a violation of the public policy of the commonwealth. 84 (d) If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not 85 acting under color of law, interferes or attempts to interfere through abusive litigation with 86 legally-protected health care activity, any aggrieved person, entity or carrier, including any 87 defendant in such abusive litigation, may institute and prosecute a civil action for injunctive, 88 monetary or other appropriate relief within 3 years after notice of the cause of action accrues. 89 If the court finds for the petitioner in an action authorized by this section, recovery shall 90 be in the amount of actual damages, which shall include damages for the amount of any 91 judgment issued in connection with any abusive litigation, and any and all other expenses, costs 92 or reasonable attorney’s fees incurred in connection with the abusive litigation. 93 (e) A court may exercise jurisdiction over a person in an action authorized by this section 94 if: (i) personal jurisdiction is found under section 3 of chapter 223A; (ii) the person has 95 commenced any action in any court in the commonwealth and, during the pendency of that 96 action or any appeal therefrom, a summons and complaint is served on the person or the attorney 97 appearing on the person’s behalf in that action or as otherwise permitted by law; or (iii) the 98 exercise of jurisdiction is permitted under the Constitution of the United States. 99 (f) This section shall not apply to a lawsuit or judgment entered in another state that is 100 based on conduct for which a cause of action exists under the laws of the commonwealth if the 101 course of conduct that forms the basis for liability had occurred entirely in the commonwealth, 102 including any contract, tort, common law or statutory claims. 6 of 22 103 Section 11I¾. Notwithstanding any general or special law or common law conflict of law 104 rule to the contrary, the laws of the commonwealth shall govern in any case or controversy heard 105 in the commonwealth related to reproductive health care services or gender-affirming health care 106 services, as those terms are defined in section 11I½, except as may be required by federal law. 107 SECTION 5. Section 17C of chapter 32A of the General Laws, as appearing in the 2020 108 Official Edition, is hereby amended by inserting after the word “for”, in line 3, the following 109 words:- abortion as defined in section 12K of chapter 112, abortion-related care,. 110 SECTION 6. Said section 17C of said chapter 32A, as so appearing, is hereby further 111 amended by inserting after the second paragraph the following 2 paragraphs:- 112 Coverage provided under this section for abortion or abortion-related care shall not be 113 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 114 Coverage for abortion or abortion-related care offered under this section shall not impose 115 unreasonable restrictions or delays in the coverage. 116 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 117 spouse and covered dependents. 118 SECTION 7. Chapter 94C of the General Laws is hereby amended by striking out section 119 19A, as appearing in the 2020 Official Edition, and inserting in place thereof the following 120 section:- 121 Section 19A. (a) As used in this section, “emergency contraception” shall, unless the 122 context clearly requires otherwise, mean any drug approved by the federal Food and Drug 123 Administration as a contraceptive method for use after sexual intercourse, whether provided 124 over-the-counter or by prescription. 7 of 22 125 (b) The department shall ensure that a statewide standing order is issued to authorize the 126 dispensing of emergency contraception by a licensed pharmacist. The statewide standing order 127 shall include, but not be limited to, written, standardized procedures or protocols for the 128 dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or 129 special law to the contrary, the commissioner, or a physician designated by the commissioner 130 who is registered to distribute or dispense a controlled substance in the course of professional 131 practice pursuant to section 7, shall issue a statewide standing order that may be used by a 132 licensed pharmacist to dispense emergency contraception under this section. 133 (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may 134 dispense emergency contraception in accordance with the statewide standing order issued under 135 subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, 136 acting in good faith, dispenses emergency contraception shall not be subject to any criminal or 137 civil liability or any professional disciplinary action by the board of registration in pharmacy 138 related to the use or administration of emergency contraception. 139 (d) Before dispensing emergency contraception authorized under this section, a 140 pharmacist may complete a training program approved by the commissioner on emergency 141 contraception; provided, however, that the training shall include, but not be limited to, proper 142 documentation, quality assurance and referral to additional services, including appropriate 143 recommendation that the patient follow-up with a medical practitioner. 144 (e) A pharmacist dispensing emergency contraception under this section shall annually 145 provide to the department the number of times such emergency contraception is dispensed. 146 Reports made pursuant to this section shall not identify any individual patient, shall be 8 of 22 147 confidential and shall not be public records as defined by clause Twenty-sixth of section 7 of 148 chapter 4 or section 10 of chapter 66. 149 (f) Except for an act of gross negligence or willful misconduct, the commissioner or a 150 physician who issues the statewide standing order under subsection (b) and any medical 151 practitioner who, acting in good faith, directly or through the standing order, prescribes or 152 dispenses emergency contraception shall not be subject to any criminal or civil liability or any 153 professional disciplinary action. 154 SECTION 8. Chapter 112 of the General Laws is hereby amended by inserting after 155 section 5F the following section:- 156 Section 5F½. Notwithstanding any general or special law to the contrary, no person shall 157 be subject to discipline by the board, including the revocation, suspension or cancellation of the 158 certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the 159 provision of reproductive health care services or gender-affirming health care services, as those 160 terms are defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction 161 arising from such health care services if the services as provided would have been lawful and 162 consistent with good medical practice if they occurred entirely in the commonwealth. 163 The board shall not make available for public dissemination on a physician’s individual 164 profile record of any criminal conviction or charge for a felony or serious misdemeanor, final 165 disciplinary action by a licensing board in another state or a medical malpractice court judgment, 166 arbitration award or settlement that resulted from providing or assisting in the provision of 167 reproductive health care services or gender-affirming health care services or for any judgment, 168 discipline or other sanction arising from such health care services if the services as provided 169 would have been lawful and consistent with good medical practice if they occurred entirely in 9 of 22 170 the commonwealth. The board shall not take adverse action on an application for registration of a 171 qualified physician based on a criminal or civil action, disciplinary action by a licensing board of 172 another state or a medical malpractice claim in another state arising from the provision of 173 reproductive health care services or gender-affirming health care services that, as provided, 174 would have been lawful and consistent with good medical practice if they occurred entirely in 175 the commonwealth. 176 Nothing in this section shall be construed to regulate the practice of medicine in any other 177 state. 178 SECTION 9. Section 9H of said chapter 112, as appearing in the 2020 Official Edition, is 179 hereby amended by inserting after the word “sections”, in line 4, the following words:- ; 180 provided, however, that notwithstanding any general or special law to the contrary, no person 181 shall be subject to discipline by the board, including the revocation, suspension or cancellation of 182 the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in 183 the provision of reproductive health care services or gender-affirming health care services, as 184 those terms are defined in section 11I½ of chapter 12, or for any judgment, discipline or other 185 sanction arising from such health care services if the services as provided would have been 186 lawful and consistent with the standards of conduct for physician assistants if they occurred 187 entirely in the commonwealth; provided further, that the board shall not take adverse action on 188 an application for registration of a qualified physician assistant based on a criminal or civil 189 action or disciplinary action by a licensing board of another state that arises from such health 190 care services that, as provided, would have been lawful and consistent with the standards of 191 conduct for physician assistants if they occurred entirely in the commonwealth. 10 of 22 192 Nothing in this section shall be construed to regulate the practice of physician assistants 193 in any other state. 194 SECTION 9A. Section 12K of chapter 112 of the General Laws, as so appearing, is 195 hereby amended by adding the following definition:- 196 “Severe”, as determined by an individual’s physician consistent with the principles of 197 medical ethics and the regulations promulgated by the department of public health as required by 198 section 12N. 199 SECTION 10. Section 12N of said chapter 112, as so appearing, is hereby amended by 200 inserting after the word “a”, in line 7, the following words:- severe or. 201 SECTION 11. Said section 12N of said chapter 112, as so appearing, is hereby further 202 amended by adding the following sentence:- The department of public health shall promulgate 203 regulations to implement this section; provided, that the department shall consult with a member 204 of the disability community selected by the department and the Arc of Massachusetts; the 205 Massachusetts Medical Society or a designee, Planned Parenthood League of Massachusetts or a 206 designee; the Massachusetts Health and Hospital Association, Inc. or a designee; and an 207 impacted individual previously forced to travel out of state for an abortion after 24 weeks. 208 SECTION 12. Section 32 of said chapter 112, as so appearing, is hereby amended by 209 striking out, in lines 6 and 7, the words “one hundred and thirty-eight” and inserting in place 210 thereof the following words:- 138; provided, however, that notwithstanding any general or 211 special law to the contrary, no person, pharmacy or pharmacy department shall be subject to 212 discipline by the board, including the revocation, suspension or cancellation of the certificate of 213 registration or reprimand, censure or monetary fine, for providing or assisting, including 214 dispensing of medication, in the provision of reproductive health care services or gender- 11 of 22 215 affirming health care services, as those terms are defined in section 11I½ of chapter 12, or for 216 any judgment, discipline or other sanction arising from such health care services if the services 217 as provided would have been lawful and consistent with the code of professional conduct for 218 pharmacists if they occurred entirely in the commonwealth; provided further, that the board shall 219 not take adverse action on an application for registration of a qualified pharmacist based on a 220 criminal or civil action or disciplinary action by a licensing board of another state that arises 221 from such health care services, including the dispensing of medication, that, as provided, would 222 have been lawful and consistent with the code of professional conduct for pharmacists if they 223 occurred entirely in the commonwealth. 224 Nothing in this section shall be construed to regulate the practice of pharmacists in any 225 other state. 226 SECTION 13. Section 77 of said chapter 112, as so appearing, is hereby amended by 227 adding the following paragraph:- 228 Notwithstanding any general or special law to the contrary, no person shall be subject to 229 discipline by the board, including the revocation, suspension or cancellation of the certificate of 230 registration or reprimand, censure or monetary fine, for providing or assisting in the provision of 231 reproductive health care services or gender-affirming health care services, as those terms are 232 defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising 233 from such health care services if the services as provided would have been lawful and consistent 234 with the standard of conduct for nurses if they occurred entirely in the commonwealth. The board 235 shall not take adverse action on an application for registration of a qualified nurse based on a 236 criminal or civil action or disciplinary action by a licensing board of another state that arises 12 of 22 237 from such health care services that, as provided, would have been lawful and consistent with the 238 standard of conduct for nurses if they occurred entirely in the commonwealth. 239 Nothing in this section shall be construed to regulate the practice of nursing in any other 240 state. 241 SECTION 14. Section 128 of said chapter 112, as so appearing, is hereby amended by 242 inserting after the word “inclusive”, in line 4, the following words:- ; provided, however, that 243 notwithstanding any general or special law to the contrary, no person shall be subject to 244 discipline by the board, including the revocation, suspension or cancellation of the certificate of 245 registration or reprimand, censure or monetary fine, for providing or assisting in the provision of 246 reproductive health care services or gender-affirming health care services, as those terms are 247 defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising 248 from such health care services if the services as provided would have been lawful and consistent 249 with the standard of conduct adopted by the board by regulation if they occurred entirely in the 250 commonwealth; provided further, that the board shall not take adverse action on an application 251 for registration of a qualified psychologist based on a criminal or civil action or disciplinary 252 action by a licensing board of another state that arises from such health care services that, as 253 provided, would have been lawful and consistent with the standard of conduct adopted by the 254 board by regulation if they occurred entirely in the commonwealth. 255 Nothing in this section shall be construed to regulate the practice of psychology in any 256 other state. 257 SECTION 15. Section 137 of said chapter 112, as so appearing, is hereby amended by 258 inserting after the word “practice”, in line 8, the following words:- ; provided, however, that 259 notwithstanding any general or special law to the contrary, no person shall be subject to 13 of 22 260 discipline by the board, including the revocation, suspension or cancellation of the certificate of 261 registration or reprimand, censure or monetary fine, for providing or assisting in the provision of 262 reproductive health care services or gender-affirming health care services, as those terms are 263 defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising 264 from such health care services if the services as provided would have been lawful and consistent 265 with the standards of professional practice and conduct for social workers if they occurred 266 entirely in the commonwealth; provided further, that the board shall not take adverse action on 267 an application for registration of a qualified social worker based on a criminal or civil action or 268 disciplinary action by a licensing board of another state that arises from such health care services 269 that, as provided, would have been lawful and consistent with the standards of professional 270 practice and conduct for social workers if they occurred entirely in the commonwealth. 271 Nothing in this section shall be construed to regulate the practice of social work in any 272 other state. 273 SECTION 16. Section 10A of chapter 118E of the General Laws, as so appearing, is 274 hereby amended by inserting after the words “coverage for”, in line 1, the following words:- 275 abortion, as defined in section 12K of chapter 112, abortion-related care,. 276 SECTION 17. Said section 10A of said chapter 118E, as so appearing, is hereby further 277 amended by adding the following 2 paragraphs:- 278 Coverage provided under this section shall not be subject to any deductible, coinsurance, 279 copayment or any other cost-sharing requirement. Coverage offered under this section shall not 280 impose unreasonable restrictions or delays in the coverage. 281 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 282 spouse and covered dependents. 14 of 22 283 SECTION 18. Chapter 147 of the General Laws is hereby amended by adding the 284 following section:- 285 Section 63. (a) As used in this section, the following words shall have the following 286 meanings unless the context clearly requires otherwise: 287 “Law enforcement agency of the commonwealth”, any state, municipal, college or 288 university police department, sheriff’s department, correctional facility, prosecutorial office, 289 court, probation office, or a program of more than 1 of any such entity, or any other non-federal 290 entity in the commonwealth charged with the enforcement of laws or the custody of detained 291 persons. 292 (b) Notwithstanding any general or special law to the contrary, and except as required by 293 federal law, no officer or employee of a law enforcement agency of the commonwealth, while 294 acting under color of law, shall provide information or assistance to a federal law enforcement 295 agency or any other state’s law enforcement agency or any private citizen or quasi-law 296 enforcement agent in relation to an investigation or inquiry into services constituting legally- 297 protected health care activity, as defined in section 11I½ of chapter 12, if such services would be 298 lawful as provided if they occurred entirely in the commonwealth. 299 SECTION 19. Section 47F of chapter 175 of the General Laws, as appearing in the 2020 300 Official Edition, is hereby amended by inserting after the word “of”, in line 20, the following 301 words:- abortion, as defined in section 12K of chapter 112, abortion-related care,. 302 SECTION 20. Said section 47F of said chapter 175, as so appearing, is hereby further 303 amended by inserting after the third paragraph the following 3 paragraphs:- 304 Coverage provided under this section for abortion or abortion-related care shall not be 305 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 15 of 22 306 Coverage offered under this section for abortion or abortion-related care shall not impose 307 unreasonable restrictions or delays in the coverage. 308 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 309 spouse and covered dependents. 310 A policy of accident and sickness insurance that is purchased by an employer that is a 311 church or qualified church-controlled organization, as those terms are defined in subsection (j) of 312 section 47W, shall be exempt from covering abortion or abortion-related care at the request of 313 the employer. An employer that invokes the exemption under this section shall provide written 314 notice to prospective enrollees prior to enrollment with the plan and such notice shall list the 315 health care methods and services for which the employer will not provide coverage for religious 316 reasons. 317 SECTION 21. Section 193U of said chapter 175, as so appearing, is hereby amended by 318 inserting after the word “specialty”, in line 14, the following words:- ; provided further, that no 319 medical malpractice insurer shall discriminate against a provider or adjust or otherwise calculate 320 a provider’s risk classification or premium charges on the basis that: (i) the health care provider 321 offers or provides reproductive health care services or gender-affirming health care services, as 322 those terms are defined in section 11I½ of chapter 12; (ii) the specific services offered or 323 provided in connection with reproductive health care services or gender-affirming health care 324 services are unlawful in another state; (iii) another state’s laws create potential or actual liability 325 for those services; or (iv) litigation against a provider concerning reproductive health care 326 services or gender-affirming health care services resulted in a judgment against the provider, if 327 such health care services would be lawful and consistent with good medical practice as provided, 328 if they occurred entirely in the commonwealth. 16 of 22 329 SECTION 22. Section 8H of chapter 176A of the General Laws, as so appearing, is 330 hereby amended by inserting after the words “expense for”, in line 8, the following words:- 331 abortion, as defined in section 12K of chapter 112, abortion-related care,. 332 SECTION 23. Said section 8H of said chapter 176A, as so appearing, is hereby further 333 amended by striking out, in lines 9 and 10, the words “to the same extent that benefits are 334 provided for medical conditions not related to pregnancy”. 335 SECTION 24. Said section 8H of said chapter 176A, as so appearing, is hereby further 336 amended by inserting after the third paragraph the following 3 paragraphs:- 337 Coverage provided under this section for abortion or abortion-related care shall not be 338 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 339 Coverage offered under this section for abortion or abortion-related care shall not impose 340 unreasonable restrictions or delays in the coverage. 341 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 342 spouse and covered dependents. 343 A policy of accident and sickness insurance that is purchased by an employer that is a 344 church or qualified church-controlled organization, as those terms are defined in subsection (j) of 345 section 8W of this chapter, shall be exempt from covering abortion or abortion-related care at the 346 request of the employer. An employer that invokes the exemption under this subsection shall 347 provide written notice to prospective enrollees prior to enrollment with the plan and such notice 348 shall list the health care methods and services for which the employer will not provide coverage 349 for religious reasons. 17 of 22 350 SECTION 25. Section 4H of chapter 176B of the General Laws, as so appearing, is 351 hereby amended by inserting after the words “expense for”, in lines 7 and 8, the following 352 words:- abortion, as defined in section 12K of chapter 112, abortion-related care,. 353 SECTION 26. Said section 4H of said chapter 176B, as so appearing, is hereby further 354 amended by striking out, in lines 8 to 10, inclusive, the words “to the same extent that benefits 355 are provided for medical conditions not related to pregnancy”. 356 SECTION 27. Said section 4H of said chapter 176B, as so appearing, is hereby further 357 amended by inserting after the third paragraph the following 3 paragraphs:- 358 Coverage provided under this section for abortion or abortion-related care shall not be 359 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 360 Coverage offered under this section for abortion or abortion-related care shall not impose 361 unreasonable restrictions or delays in the coverage. 362 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 363 spouse and covered dependents. 364 A policy of accident and sickness insurance that is purchased by an employer that is a 365 church or qualified church-controlled organization, as those terms are defined in subsection (j) of 366 section 4W, shall be exempt from covering abortion or abortion-related care at the request of the 367 employer. An employer that invokes the exemption under this subsection shall provide written 368 notice to prospective enrollees prior to enrollment with the plan and such notice shall list the 369 health care methods and services for which the employer will not provide coverage for religious 370 reasons. 18 of 22 371 SECTION 28. Section 4I of chapter 176G of the General Laws, as so appearing, is hereby 372 amended by inserting after the words “coverage for”, in lines 1 and 2, the following words:- 373 abortion, as defined in section 12K of chapter 112, abortion-related care,. 374 SECTION 29. Said section 4I of said chapter 176G, as so appearing, is hereby further 375 amended by inserting after the second paragraph the following 3 paragraphs:- 376 Coverage provided under this section for abortion or abortion-related care shall not be 377 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 378 Coverage offered under this section for abortion or abortion-related care shall not impose 379 unreasonable restrictions or delays in the coverage. 380 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 381 spouse and covered dependents. 382 A health maintenance contract that is purchased by an employer that is a church or 383 qualified church-controlled organization, as those terms are defined in subsection (j) of section 384 4O, shall be exempt from covering abortion or abortion-related care at the request of the 385 employer. An employer that invokes the exemption under this subsection shall provide written 386 notice to prospective enrollees prior to enrollment with the plan and such notice shall list the 387 health care methods and services for which the employer will not provide coverage for religious 388 reasons. 389 SECTION 30. Section 4A of chapter 218 of the General Laws, as so appearing, is hereby 390 amended by inserting after the word “filing”, in line 20, the following words:- ; provided further, 391 that, except as required by federal law, a judgment creditor shall not file a copy of any foreign 392 judgment under this section if the judgment was issued in connection with any litigation 393 concerning legally-protected health care activity, as defined in section 11I½ of chapter 12. 19 of 22 394 SECTION 31. Subsection (g) of said section 4A of said chapter 218, as so appearing, is 395 hereby amended by adding the following sentence:- In any action filed to enforce a judgment 396 issued in connection with any litigation concerning legally-protected health care activity, as 397 defined in section 11I½ of chapter 12, the court in the commonwealth hearing the action shall not 398 give any force or effect to any judgment issued without jurisdiction. 399 SECTION 32. Section 11 of chapter 223A of the General Laws, as so appearing, is 400 hereby amended by adding the following paragraph:- 401 Notwithstanding any other provision of this section to the contrary and except as required 402 by federal law, a court of this commonwealth shall not order a person who is domiciled or found 403 within this commonwealth to give testimony or statement or produce documents or other things 404 for use in connection with any proceeding in a tribunal outside the commonwealth concerning 405 legally-protected health care activity, as defined in section 11I½ of chapter 12. 406 SECTION 33. Section 59H of chapter 231 of the General Laws, as so appearing, is 407 hereby amended by inserting after the word “case”, in line 1, the following words:- , except a 408 case brought pursuant to section 11I½ of chapter 12,. 409 SECTION 34. Section 13A of chapter 233 of the General Laws, as so appearing, is 410 hereby amended by inserting after the word “summons”, in line 32, the following words:- , 411 except that no justice or special justice shall issue a summons in a case, except as required by 412 federal law, where prosecution is pending concerning legally-protected health care activity, as 413 defined in section 11I½ of chapter 12, or where a grand jury investigation concerning legally- 414 protected health care activity has commenced or is about to commence for a criminal violation of 415 a law of such other state unless the acts forming the basis of the prosecution or investigation 416 would also constitute an offense if occurring entirely in the commonwealth. 20 of 22 417 SECTION 35. Section 21A of chapter 272 of the General Laws, as so appearing, is 418 hereby amended by striking out the fourth sentence and inserting in place thereof the following 419 sentence:- This section shall not be construed to permit the sale or dispensing of prescription 420 drugs or devices for the prevention of pregnancy or conception by a vending machine or similar 421 device. 422 SECTION 36. Section 13 of chapter 276 of the General Laws, as so appearing, is hereby 423 amended by striking out the first paragraph and inserting in place thereof the following 2 424 paragraphs:- 425 The governor may also surrender, on demand of the executive authority of any other 426 state, any person in the commonwealth charged in such other state in the manner provided in 427 section 14 with committing an act in this commonwealth, or in a third state, intentionally 428 resulting in a crime in the state whose executive authority is making the demand, hereafter in this 429 section and in sections 14 to 20P, inclusive, referred to as the demanding state, only when the 430 acts for which extradition is sought would be punishable by the laws of the commonwealth if the 431 consequences claimed to have resulted therefrom in the demanding state had taken effect in this 432 commonwealth and the provisions of sections 11 to 20R, inclusive, not otherwise inconsistent 433 shall apply to such cases even though the accused was not in the demanding state at the time of 434 the commission of the crime and has not fled therefrom; provided, however, that the governor 435 may, in the governor’s discretion, make any such surrender conditional upon agreement by the 436 executive authority of the demanding state that the person so surrendered will be held to answer 437 no criminal charges of any nature except those set forth in the requisition upon which such 438 person is so surrendered, at least until such person has been given reasonable opportunity to 21 of 22 439 return to the commonwealth after the person’s acquittal, if the person shall be acquitted, or after 440 the person shall be released from confinement, if the person shall be convicted. 441 Except as required by federal law, the governor shall not surrender a person charged in 442 another state as a result of engaging in legally-protected health care activity, as defined in section 443 11I½ of chapter 12, unless the executive authority of the demanding state shall allege in writing 444 that the accused was physically present in the demanding state at the time of the commission of 445 the alleged offense and that thereafter the accused fled from the demanding state. 446 SECTION 37. Section 14 of said chapter 276, as so appearing, is hereby amended by 447 inserting the after word “state”, in line 7, the following words:- only when the acts for which the 448 demand for interstate rendition is sought would be punishable by the laws of the commonwealth, 449 if the consequences claimed to have resulted therefrom in the demanding state had taken effect in 450 this commonwealth. 451 SECTION 38. Section 20A of said chapter 276, as so appearing, is hereby amended by 452 inserting after the word “thirteen”, in lines 5 and 12 and 13, the following words:- , with the 453 exception of cases for which the governor shall not surrender a person under said section 13. 454 SECTION 39. Section 20B of said chapter 276, as so appearing, is hereby amended by 455 adding the following sentence:- This section shall not apply to cases arising under section 13 for 456 which the governor shall not surrender a person. 457 SECTION 40. Section 20C of said chapter 276, as so appearing, is hereby amended by 458 inserting after the word “thirteen”, in line 4, the following words:- , with the exception of cases 459 for which the governor shall not surrender a person under said section 13. 460 SECTION 41. Sections 5, 6, 16, 17, 19, 20, 22 to 29, inclusive, shall apply to all policies, 461 contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B 22 of 22 462 and 176G of the General Laws that are delivered, issued or renewed 6 months from the effective 463 date of this act. 464 SECTION 42. (a) Regulations required pursuant to section 12N of chapter 112 of the 465 General Laws, as inserted by section 11, shall not delay the implementation of said section 12N 466 of said chapter 112, including any changes in section 10. 467 (b) The department of public health shall promulgate regulations required pursuant to 468 section 12N of chapter 112 of the General Laws, as inserted by section 11, not later than January 469 1, 2023. 470 SECTION 43. The department of public health shall provide provisional guidance on 471 section 12N of chapter 112 of the General Laws within 30 days of the effective date of this act.