SENATE, No. 611

By Mr. Moore, a petition (accompanied by bill, Senate, No. 611) of Richard T. Moore for legislation to facilitate private insurance coverage and benefits. Financial Services.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT facilitating private insurance coverage and benefits

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 5 of Chapter 176O of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after the first paragraph the following paragraph:

No carrier, including a dental or vision carrier, shall require a health, dental or vision care provider to participate in all of its health benefit plans or product offerings.  A provider shall be given the opportunity to expressly accept or decline participation in a new product and such refusal to participate in a new product shall not affect participation in existing contracts or participation in the carrier’s provider network.  A provider shall also be given the opportunity to expressly accept or reject changes to fee schedules or capitation rates; billing or payment policies and terms; and any payment related administrative requirements prior to the carrier’s amending such terms in existing contracts. 

SECTION 2:  Application of the Act

The provisions of this Act shall be included in all contracts between a carrier and a health care provider entered into, renewed, or amended on or after the effective date of this Act.