Text of MA S 622 (2024)

1 of 1 SENATE DOCKET, NO. 2081 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 622 The Commonwealth of Massachusetts _________________ PRESENTED BY: Julian Cyr _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to LGBTQ family building. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Julian Cyr Cape and Islands Lindsay N. Sabadosa 1st Hampshire 2/7/2023 Jason M. Lewis Fifth Middlesex 2/7/2023 Paul R. Feeney Bristol and Norfolk 3/7/2023 1 of 7 SENATE DOCKET, NO. 2081 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 622 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 622) of Julian Cyr, Lindsay N. Sabadosa, Jason M. Lewis and Paul R. Feeney for legislation relative to LGBTQ family building. Financial Services. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 652 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to LGBTQ family building. 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. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, 2 is hereby amended by striking out section 47H and inserting in place thereof the following 3 section:- 4 Section 47H. Any blanket or general policy of insurance, except a blanket or general 5 policy of insurance which provides supplemental coverage to medicare or other governmental 6 programs, described in subdivisions (A), (C) or (D) of section one hundred and ten that provides 7 hospital expense or surgical expense insurance that includes pregnancy-related benefits and is 8 issued or subsequently renewed by agreement between the insurer and the policyholder, within 9 or without the commonwealth, while this provision is effective, or any policy of accident and 10 sickness insurance as described in section one hundred and eight that provides hospital expense 2 of 7 11 or surgical expense insurance that includes pregnancy-related benefits and is delivered or issued 12 for delivery or subsequently renewed by agreement between the insurer and the policyholder in 13 the commonwealth while this provision is effective, or any employees' health and welfare fund 14 that provides hospital expense and surgical expense benefits that includes pregnancy-related 15 benefits and is promulgated or renewed to any person or group of persons in the commonwealth 16 while this provision is effective shall provide, to the same extent that benefits are provided for 17 other pregnancy-related procedures, coverage for medically necessary expenses of diagnosis of 18 infertility and fertility treatment and preservation to persons residing within the commonwealth. 19 Said benefits shall meet all other terms and conditions of the policy of insurance, provided 20 however there shall be no conditions to receive said benefits based on required waiting periods, 21 number of attempts, prior treatment, age, sexual orientation or familial status. 22 For purposes of this section, “infertility” shall mean the condition of an individual, 23 whereby an individual is unable to become pregnant or to carry a pregnancy to live birth, or 24 whereby an individual is unable to cause pregnancy and live birth in the individual’s partner. An 25 individual qualifies for the diagnosis of infertility and fertility treatment and preservation under 26 this section if the following conditions are met: (1) a board-certified or board-eligible 27 obstetrician-gynecologist, subspecialist in reproductive endocrinology, oncologist, urologist or 28 andrologist verifies that the individual has a need for infertility treatment; or (2) the individual 29 has not been able to carry a pregnancy to live birth. Coverage under this section, and any 30 limitations thereon, shall be based on standards or guidelines developed by the American Society 31 for Reproductive Medicine or the Society for Assisted Reproductive Technology. Provided 32 further, that standard fertility preservation services, consistent with established medical practices 33 and professional guidelines, shall be covered (a) when the enrollee has a diagnosed medical or 3 of 7 34 genetic condition that may directly or indirectly cause (b) impairment of fertility by affecting 35 reproductive organs or processes. Said coverage will include the coverage for procurement, 36 cryopreservation, and storage of gametes, embryos or other reproductive tissue. 37 SECTION 2. Chapter 176A of the General Laws, as appearing in the 2020 Official 38 Edition, is hereby amended by striking section 8K and inserting in place thereof the following:- 39 Section 8K. Any contract, except contracts providing supplemental coverage to medicare 40 or other governmental programs, between a subscriber and the corporation under an individual or 41 group hospital service plan that is delivered, issued for delivery or renewed in the 42 commonwealth while this provision is effective and that provides pregnancy-related benefits 43 shall provide as a benefit for all individual subscribers or members within the commonwealth 44 and all group members having a principal place of employment within the commonwealth, to the 45 same extent that benefits are provided for other pregnancy-related procedures, coverage for 46 medically necessary expenses of diagnosis of infertility and fertility treatment and preservation. 47 Said benefits shall meet all other terms and conditions of the subscriber certificate, provided 48 however there shall be no conditions to receive said benefits based on required waiting periods, 49 number of attempts, prior treatment, age, sexual orientation or familial status. 50 For purposes of this section, “infertility” shall mean the condition of an individual, 51 whereby an individual is unable to become pregnant or to carry a pregnancy to live birth, or 52 whereby an individual is unable to cause pregnancy and live birth in the individual’s partner. An 53 individual qualifies for the diagnosis of infertility and fertility treatment and preservation under 54 this section if the following conditions are met: (1) a board-certified or board-eligible 55 obstetrician-gynecologist, subspecialist in reproductive endocrinology, oncologist, urologist or 4 of 7 56 andrologist verifies that the individual has a need for infertility treatment; or (2) the individual 57 has not been able to carry a pregnancy to live birth. Coverage under this section, and any 58 limitations thereon, shall be based on standards or guidelines developed by the American Society 59 for Reproductive Medicine or the Society for Assisted Reproductive Technology. Provided 60 further, that standard fertility preservation services, consistent with established medical practices 61 and professional guidelines, shall be covered (a) when the enrollee has a diagnosed medical or 62 genetic condition that may directly or indirectly cause (b) impairment of fertility by affecting 63 reproductive organs or processes. Said coverage will include the coverage for procurement, 64 cryopreservation, and storage of gametes, embryos or other reproductive tissue. 65 SECTION 3. Chapter 176B of the General Laws is hereby amended by striking out 66 section 4J and inserting in place thereof the following new section:- 67 Section 4J. Any subscription certificate under an individual or group medical service 68 agreement, except certificates that provide supplemental coverage to medicare or other 69 governmental programs, that is delivered, issued for delivery or renewed in the commonwealth 70 while this section is effective shall provide as a benefit for all individual subscribers or members 71 within the commonwealth and all group members having a principal place of employment within 72 the commonwealth, to the same extent that benefits are provided for other pregnancy-related 73 procedures and subject to the other terms and conditions of the subscription certificate, coverage 74 for medically necessary expenses of diagnosis of infertility and fertility treatment and 75 preservation. Said benefits shall meet all other terms and conditions of the subscription 76 certificate, provided however there shall be no conditions to receive said benefits based on 77 required waiting periods, number of attempts, prior treatment, age, sexual orientation or familial 78 status. 5 of 7 79 For purposes of this section, “infertility” shall mean the condition of an individual, 80 whereby an individual is unable to become pregnant or to carry a pregnancy to live birth, or 81 whereby an individual is unable to cause pregnancy and live birth in the individual’s partner. An 82 individual qualifies for the diagnosis of infertility and fertility treatment and preservation under 83 this section if the following conditions are met: (1) a board-certified or board-eligible 84 obstetrician-gynecologist, subspecialist in reproductive endocrinology, oncologist, urologist or 85 andrologist verifies that the individual has a need for infertility treatment; or (2) the individual 86 has not been able to carry a pregnancy to live birth. Coverage under this section, and any 87 limitations thereon, shall be based on standards or guidelines developed by the American Society 88 for Reproductive Medicine or the Society for Assisted Reproductive Technology. Provided 89 further, that standard fertility preservation services, consistent with established medical practices 90 and professional guidelines, shall be covered (a) when the enrollee has a diagnosed medical or 91 genetic condition that may directly or indirectly cause (b) impairment of fertility by affecting 92 reproductive organs or processes. Said coverage will include the coverage for procurement, 93 cryopreservation, and storage of gametes, embryos or other reproductive tissue. 94 SECTION 4. (a) The office of health equity shall investigate, analyze and study the 95 affordability, accessibility and practicality of the resources and services available to lesbian, gay, 96 bisexual, transgender and queer, hereinafter LGBTQ, individuals and couples seeking to expand 97 their families and to make recommendations to improve access to benefits and services where 98 necessary. The office shall: (i) examine availability of assistive reproductive technology 99 providers in rural and geographically isolated areas; (ii) assess the funding and programming 100 needed to enhance services to the growing population LGBTQ parents; (iii) examine the 101 feasibility of developing statewide training curricula to improve provider competency in the 6 of 7 102 delivery of health and social support services to LGBTQ parents; (iv) examine the extent to 103 which out-of-pocket cost associated with becoming a parent is impacted by sexual orientation 104 and gender identity; (v) examine policies and practices used by cryobanks related to known 105 donors for non-traditional families and LGBTQ donors; (vi) recommend best practices for 106 increasing access to services and eliminating disparities; (vii) make recommendations to 107 improve resources available to LGBTQ individuals relative to parentage, including but not 108 limited to adoption, surrogacy and assistive reproductive technology; and (viii) make 109 recommendations relative to education for providers of care and services to increase cultural 110 competency and referrals to relevant resources. 111 (b) The office, in formulating its recommendations, shall take into account the best 112 policies and practices in other states and jurisdictions. The office may consult experts, hold 113 regular public meetings, fact-finding hearings and other public forums as it considers necessary. 114 (c) The study may be conducted by an entity with a demonstrated capacity to deliver 115 research results passing an academic peer-review process in analyzing both quantitative and 116 qualitative data and to communicate study results in an accessible manner. 117 (d) The office shall receive data to complete the charge of this study under memorandums 118 of understanding with the center for health information and analysis established under chapter 119 12C of the General Laws, the group insurance commission established under chapter 32A of the 120 General Laws and MassHealth established under chapter 118E of the General Laws, 121 respectively. 122 (e) The office shall submit the findings of the study to clerks of the senate and house of 123 representatives, the joint committee on children, youth, and families, the joint committee on 7 of 7 124 public health, the joint committee on health care financing and the house and senate committees 125 on ways and means not later than December 31, 2021. 126 SECTION 5. Chapter 112 of the General Laws is hereby amended by inserting after 127 section 5N the following section:- 128 Section 5O. The board of registration in medicine established pursuant to section 5B 129 shall, in collaboration with experts in lesbian, gay, bisexual, transgender and queer, hereinafter 130 LGBTQ, family building, and in coordination with the American Society for Reproductive 131 Medicine or the Society for Assisted Reproductive Technology, develop or provide for, and 132 make available to any physician, a professional development training module regarding 133 resources and services available to LGBTQ couples seeking to expand their families. The goal of 134 the training module shall be to encourage physicians to speak with their patients, and to increase 135 a physician's competency in having effective discussions with patients and families in an 136 appropriate manner. The training module shall include information on: (i) the prevention and 137 elimination of discrimination based on sexual orientation, gender identity and expression in 138 medical settings; (ii) improving access to services for LGBTQ individuals; and (iii) options for 139 LGBTQ individuals seeking to start or grow their family. 140 The training module developed shall be accepted by the board as up to 2 continuing 141 professional development credits. 142 SECTION 6. The training curriculum established pursuant to section 5N of chapter 112 143 of the General Laws shall be completed within 9 months of enactment of the legislation.