SENATE, No. 2189

By Ms. Wilkerson, a petition (accompanied by bill, Senate, No. 2189) of Dianne Wilkerson for legislation to provide for greater insurance coverage of prostate cancer exams. Health Care Financing.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT PROVIDING FOR GREATER INSURANCE COVERAGE OF PROSTATE CANCER EXAMS

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. Chapter 175 of the General Laws as appearing in the 2000 Official Edition, is hereby amended by inserting after section 47S the following section:—
Section 47T. Any individual policy of accident and sickness insurance issued pursuant to section 108 which provides hospital expense and surgical expense insurance and any group blanket policy of accident and sickness insurance issued pursuant to section 110 which provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for individuals and group members having a principal place of employment within the commonwealth for the expenses incurred in
conducting a medically recognized screening examination. For purposes of this section, a screening examination shall include a digital rectal exam and a blood test called the prostate-specific antigen or “PSA” test or the most reliable, medically recognized screening test available:
(1) for men aged 50 and older who have been counseled by their physician about the potential risks of prostate cancer, benefits of early detection, and treatment of prostate cancer;
(2) when used for the purpose of guiding patient management in monitoring the response to prostate cancer treatment;
(3) when used for staging in determining the need for a bone scan in patients with prostate cancer, or
(4) when used for male patients 40 and older who are a high risk for prostate cancer and have been counseled by their physician about the risks and benefits of prostate cancer screening, including men who are African American or who have a significant family history of prostate cancer, as determined by the treating physician.
The benefits provided in this section shall be subject to the same terms and conditions as for any other medical condition covered by said individual or group blanket policy.  

SECTION 2. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8S the following section:—
Section 8T. Any contract between a subscriber and the corporation under an individual or group hospital service plan which provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for residents of the commonwealth and all group members having a principal place of employment within the commonwealth for the expenses incurred in conducting a medically recognized screening examination. For purposes of this section, a screening examination shall include a digital rectal exam and a blood test called the prostate-specific antigen or “
PSA” test or the most reliable, medically recognized screening test available:
(1) for men aged 50 and older who have been counseled by their physician about the potential risks of prostate cancer, benefits of early detection, and treatment of prostate cancer;
(2) when used for the purpose of guiding patient management in monitoring the response to prostate cancer treatment;
(3) when used for staging in determining the need for a bone scan in patients with prostate cancer; or
(4) when used for male patients 40 and older who are a high risk for prostate cancer and have been counseled by their physician about the risks and benefits of prostate cancer screening, including men who are African American or who have a significant family history of prostate cancer, as determined by the treating physician.
The benefits provided in this section shall be subject to the same terms and conditions as for any other medical condition covered by said individual or group blanket policy.

 SECTION 3.
Chapter 176B of the General Laws, as so appearing, is amended by inserting after section 4Q the following section:—
Section 4R. Any subscription certificate under an individual or group medical service agreement which provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for residents of the commonwealth and to all group members having a principal place of employment within the commonwealth for the expenses incurred in conducting a medically recognized screening examination. For purposes of this section, a screening examination shall include a digital rectal exam and a blood test called the prostate-specific antigen or “
PSA” test or the most reliable, medically recognized screening test available:
(1) for men aged 50 and older who have been counseled by their physician about the potential risks of prostate cancer, benefits of early detection, and treatment of prostate cancer;
(2) when used for the purpose of guiding patient management in monitoring the response to prostate cancer treatment;
(3) when used for staging in determining the need for a bone scan in patients with prostate cancer; or
(4) when used for male patients 40 and older who are a high risk for prostate cancer and have been counseled by their physician about the risks and benefits of prostate cancer screening, including men who are African American or who have a significant family history of prostate cancer, as determined by the treating physician.
The benefits provided in this section shall be subject to the same terms and conditions as for any other medical condition covered by said individual or group blanket policy.

SECTION 4.  Chapter 176G, as so appearing, is hereby amended by inserting after section 4I the following section:—
Section 4J. Any individual or group health maintenance contract, which provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for residents of the commonwealth and to all group members having a principal place of employment within the commonwealth for the expenses incurred in conducting a medically recognized screening examination. For purposes of this section, a screening examination shall include a digital rectal exam and a blood test called the prostate-specific antigen or “
PSA” test or the most reliable, medically recognized screening test available:
(1) for men aged 50 and older who have been counseled by their physician about the potential risks of prostate cancer, benefits of early detection, and treatment of prostate cancer;
(2) when used for the purpose of guiding patient management in monitoring the response to prostate cancer treatment;
(3) when used for staging in determining the need for a bone scan in patients with prostate cancer, or
(4) when used for male patients 40 and older who are a high risk for prostate cancer and have been counseled by their physician about the risks and benefits of prostate cancer screening, including men who are African American or who have a significant family history of prostate cancer, as determined by the treating physician.
The benefits provided in this section shall be subject to the same terms and conditions as for any other medical condition covered by said individual or group blanket policy