HOUSE . . . . . . . No. 4930
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, June 28, 2022.
The committee on Ways and Means, to whom was referred the Bill to improve access to emergency contraception (House, No. 2264), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4930).
For the committee,
AARON MICHELWITZ.
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FILED ON: 6/28/2022
HOUSE . . . . . . . . . . . . . . . No. 4930
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act expanding protections for reproductive rights.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
1 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to 2 expand protections for reproductive rights, therefore it is hereby declared to be an emergency 3 law, necessary for the immediate preservation of the public convenience.
4 Be it enacted by the Senate and House of Representatives in General Court assembled, 5 and by the authority of the same, as follows:
6 SECTION 1. Section 1 of chapter 9A of the General Laws, as appearing in the 2020 7 Official Edition, is hereby amended by inserting after the definition of “Application assistant” 8 the following 3 definitions:-
9 “Gender-affirming health care services”, all supplies, care and services of a medical, 10 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 11 rehabilitative or supportive nature relating to the treatment of gender dysphoria.
12 “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted 13 exercise and enjoyment, by any person of rights to reproductive health care services or gender-
14 affirming health care services secured by the constitution or laws of the commonwealth; or (ii) 15 any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in 16 the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive 17 health care services or gender-affirming health care services secured by the constitution or laws 18 of the commonwealth, or to provide insurance coverage for such services; provided, however, 19 that the provision of such a health care service by a person duly licensed under the laws of the 20 commonwealth and physically present in the commonwealth, and the provision of insurance 21 coverage for such services, shall be legally protected if the service is permitted under the laws of 22 the commonwealth, regardless of the patient’s location.
23 “Reproductive health care services”, all supplies, care and services of a medical, 24 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 25 rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, 26 miscarriage management or the termination of a pregnancy.
27 SECTION 2. Section 2 of said chapter 9A of the General Laws, as so appearing, is 28 hereby amended by striking out subsection (1) and inserting in place thereof the following 29 subsection:-
30 (1)(a) Upon recommendation of an application assistant, an adult person, a parent or 31 guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person 32 may apply to the secretary to have an address designated by the secretary serve as the person’s 33 address or the address of the minor or incapacitated person; or
34 (b) Individuals engaged in the provision, facilitation or promotion of legally-protected 35 health care activity may apply to the secretary to have an address designated by the secretary
36 serve as the health care professional’s address; provided, that in such cases, no recommendation 37 of an application assistant shall be required.
38 SECTION 3. Said chapter 9A of the General Laws is hereby further amended by striking 39 out section 7 and inserting in place thereof the following section:-
40 Section 7. The secretary shall promulgate regulations to implement this chapter and in 41 doing so may consult with the secretary of health and human services and Jane Doe Inc.; The 42 Massachusetts Coalition Against Sexual Assault and Domestic Violence, GLBTQ Legal 43 Advocates & Defenders, Inc., Planned Parenthood League of Massachusetts, Inc. and 44 Reproductive Equity Now, Inc.
45 SECTION 4. Chapter 12 of the General Laws is hereby amended by inserting after 46 section 11I the following 2 sections:-
47 Section 11I½. (a) As used in this section, the following words shall, unless the context 48 clearly requires otherwise, have the following meanings:
49 “Gender-affirming health care services”, all supplies, care and services of a medical, 50 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 51 rehabilitative or supportive nature relating to the treatment of gender dysphoria.
52 “Abusive litigation”, litigation or other action to deter, prevent, sanction or punish any 53 person engaging in legally-protected health care activity that is: (i) filed or prosecuted in any 54 state other than the commonwealth where liability, in whole or part, directly or indirectly, is 55 based on legally-protected health care activity that occurred in the commonwealth, including any 56 action in which liability is based on any theory of vicarious, joint or several liability derived
57 therefrom; or (ii) an attempt to enforce any order or judgment issued in connection with any such 58 action by any party to the action or any person acting on behalf of a party to the action; provided, 59 however, that a lawsuit shall be considered to be based on conduct that occurred in the 60 commonwealth if any part of any act or omission involved in the course of conduct that forms 61 the basis for liability in the lawsuit occurs or is initiated in the commonwealth, whether or not 62 such act or omission is alleged or included in any pleading or other filing in the lawsuit.
63 “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted 64 exercise and enjoyment, by any person of rights to reproductive health care services or gender 65 affirming health care services secured by the constitution or laws of the commonwealth; or (ii) 66 any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in 67 the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive 68 health care services or gender-affirming health care services secured by the constitution or laws 69 of the commonwealth, or to provide insurance coverage for such services; provided, however, 70 that the provision of such a health care service by a person duly licensed under the laws of the 71 commonwealth and physically present in the commonwealth, and the provision of insurance 72 coverage for such services, shall be legally protected if the service is permitted under the laws of 73 the commonwealth, regardless of the patient’s location.
74 “Reproductive health care services”, all supplies, care and services of a medical, 75 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 76 rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, 77 miscarriage management or the termination of a pregnancy.
78 (b) Access to reproductive health care services and gender-affirming health care services 79 is recognized and declared to be a right secured by the constitution or laws of the 80 commonwealth. Interference with this right, whether or not under the color of law, is against the 81 public policy of the commonwealth.
82 (c) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, 83 sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a 84 person, entity or carrier that seeks, receives, causes, aids in access to, aids or abets or provides, 85 or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide 86 reproductive health care services or gender-affirming health care services, shall be an 87 interference with the exercise and enjoyment of the rights secured by the constitution and laws of 88 the commonwealth and shall be a violation of the public policy of the commonwealth.
89 (d) If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not 90 acting under color of law, abusive litigation, or attempts of abusive litigation, with legally 91 protected health care activity, any aggrieved person, entity or carrier, including any defendant in 92 such abusive litigation, may institute and prosecute a civil action for injunctive, monetary or 93 other appropriate relief within 3 years after notice of the cause of action accrues.
94 If the court finds for the petitioner in an action authorized by this section, recovery shall 95 be in the amount of actual damages, which shall include damages for the amount of any 96 judgment issued in connection with any abusive litigation, and any and all other expenses, costs 97 or reasonable attorney’s fees incurred in connection with the abusive litigation.
98 (e) A court may exercise jurisdiction over a person in an action authorized by this section 99 if: (i) personal jurisdiction is found under section 3 of chapter 223A; (ii) the person has
100 commenced any action in any court in the commonwealth and, during the pendency of that 101 action or any appeal therefrom, a summons and complaint is served on the person or the attorney 102 appearing on the person’s behalf in that action or as otherwise permitted by law; or (iii) the 103 exercise of jurisdiction is permitted under the Constitution of the United States.
104 (f) This section shall not apply to a lawsuit or judgment entered in another state that is 105 based on conduct for which a cause of action exists under the laws of the commonwealth if the 106 course of conduct that forms the basis for liability had occurred entirely in the commonwealth, 107 including any contract, tort, common law or statutory claims.
108 Section 11I¾. Notwithstanding any general or special law or common law conflict of law 109 rule to the contrary, the laws of the commonwealth shall govern in any case or controversy heard 110 in the commonwealth related to reproductive health care services or gender-affirming health care 111 services, as those terms are defined in section 11I½, except as may be required by federal law.
112 SECTION 5. Section 17C of chapter 32A of the General Laws, as appearing in the 2020 113 Official Edition, is hereby amended by inserting after the word “for”, in line 3, the following 114 words:- abortion as defined in section 12K of chapter 112, abortion-related care,.
115 SECTION 6. Said section 17C of said chapter 32A, as so appearing, is hereby further 116 amended by inserting after the second paragraph the following 2 paragraphs:-
117 Coverage provided under this section for abortion or abortion-related care shall not be 118 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 119 Coverage for abortion or abortion-related care offered under this section shall not impose 120 unreasonable restrictions or delays in the coverage.
121 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 122 spouse and covered dependents.
123 SECTION 7. Chapter 94C of the General Laws is hereby amended by striking out section 124 19A, as appearing in the 2020 Official Edition, and inserting in place thereof the following 125 section:-
126 Section 19A. (a) As used in this section, “emergency contraception” shall, unless the 127 context clearly requires otherwise, mean any drug approved by the federal Food and Drug 128 Administration as a contraceptive method for use after sexual intercourse, whether provided 129 over-the-counter or by prescription.
130 (b) The department shall ensure that a statewide standing order is issued to authorize the 131 dispensing of emergency contraception by a licensed pharmacist. The statewide standing order 132 shall include, but not be limited to, written, standardized procedures or protocols for the 133 dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or 134 special law to the contrary, the commissioner, or a physician designated by the commissioner 135 who is registered to distribute or dispense a controlled substance in the course of professional 136 practice pursuant to section 7, shall issue a statewide standing order that may be used by a 137 licensed pharmacist to dispense emergency contraception under this section.
138 (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may 139 dispense emergency contraception in accordance with the statewide standing order issued under 140 subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, 141 acting in good faith, dispenses emergency contraception shall not be subject to any criminal or
142 civil liability or any professional disciplinary action by the board of registration in pharmacy 143 related to the use or administration of emergency contraception.
144 (d) Before dispensing emergency contraception authorized under this section, a 145 pharmacist may complete a training program approved by the commissioner on emergency 146 contraception; provided, however, that the training shall include, but not be limited to, proper 147 documentation, quality assurance and referral to additional services, including appropriate 148 recommendation that the patient follow-up with a medical practitioner.
149 (e) A pharmacist dispensing emergency contraception under this section shall annually 150 provide to the department the number of times such emergency contraception is dispensed. 151 Reports made pursuant to this section shall not identify any individual patient, shall be 152 confidential and shall not be public records as defined by clause Twenty-sixth of section 7 of 153 chapter 4 or section 10 of chapter 66.
154 (f) Except for an act of gross negligence or willful misconduct, the commissioner or a 155 physician who issues the statewide standing order under subsection (b) and any medical 156 practitioner who, acting in good faith, directly or through the standing order, prescribes or 157 dispenses emergency contraception shall not be subject to any criminal or civil liability or any 158 professional disciplinary action.
159 SECTION 8. Chapter 112 of the General Laws is hereby amended by inserting after 160 section 5F the following section:-
161 Section 5F½. Notwithstanding any general or special law to the contrary, no person shall 162 be subject to discipline by the board, including the revocation, suspension or cancellation of the 163 certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the
164 provision of reproductive health care services or gender-affirming health care services, as those 165 terms are defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction 166 arising from such health care services if the services as provided would have been lawful and 167 consistent with good medical practice if they occurred entirely in the commonwealth.
168 The board shall not make available for public dissemination on a physician’s individual 169 profile record of any criminal conviction or charge for a felony or serious misdemeanor, final 170 disciplinary action by a licensing board in another state or a medical malpractice court judgment, 171 arbitration award or settlement that resulted from providing or assisting in the provision of 172 reproductive health care services or gender-affirming health care services or for any judgment, 173 discipline or other sanction arising from such health care services if the services as provided 174 would have been lawful and consistent with good medical practice if they occurred entirely in 175 the commonwealth. The board shall not take adverse action on an application for registration of a 176 qualified physician based on a criminal or civil action, disciplinary action by a licensing board of 177 another state or a medical malpractice claim in another state arising from the provision of 178 reproductive health care services or gender-affirming health care services that, as provided, 179 would have been lawful and consistent with good medical practice if they occurred entirely in 180 the commonwealth.
181 Nothing in this section shall be construed to regulate the practice of medicine in any other 182 state.
183 SECTION 9. Section 9H of said chapter 112, as appearing in the 2020 Official Edition, is 184 hereby amended by inserting after the word “sections”, in line 4, the following words:- ; 185 provided, however, that notwithstanding any general or special law to the contrary, no person
186 shall be subject to discipline by the board, including the revocation, suspension or cancellation of 187 the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in 188 the provision of reproductive health care services or gender-affirming health care services, as 189 those terms are defined in section 11I½ of chapter 12, or for any judgment, discipline or other 190 sanction arising from such health care services if the services as provided would have been 191 lawful and consistent with the standards of conduct for physician assistants if they occurred 192 entirely in the commonwealth; provided further, that the board shall not take adverse action on 193 an application for registration of a qualified physician assistant based on a criminal or civil 194 action or disciplinary action by a licensing board of another state that arises from such health 195 care services that, as provided, would have been lawful and consistent with the standards of 196 conduct for physician assistants if they occurred entirely in the commonwealth.
197 Nothing in this section shall be construed to regulate the practice of physician assistants 198 in any other state.
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.
204 SECTION 12. Section 32 of said chapter 112, as so appearing, is hereby amended by 205 striking out, in lines 6 and 7, the words “one hundred and thirty-eight” and inserting in place 206 thereof the following words:- 138; provided, however, that notwithstanding any general or 207 special law to the contrary, no person, pharmacy or pharmacy department shall be subject to
208 discipline by the board, including the revocation, suspension or cancellation of the certificate of 209 registration or reprimand, censure or monetary fine, for providing or assisting, including 210 dispensing of medication, in the provision of reproductive health care services or gender 211 affirming health care services, as those terms are defined in section 11I½ of chapter 12, or for 212 any judgment, discipline or other sanction arising from such health care services if the services 213 as provided would have been lawful and consistent with the code of professional conduct for 214 pharmacists if they occurred entirely in the commonwealth; provided further, that the board shall 215 not take adverse action on an application for registration of a qualified pharmacist based on a 216 criminal or civil action or disciplinary action by a licensing board of another state that arises 217 from such health care services, including the dispensing of medication, that, as provided, would 218 have been lawful and consistent with the code of professional conduct for pharmacists if they 219 occurred entirely in the commonwealth.
220 Nothing in this section shall be construed to regulate the practice of pharmacists in any 221 other state.
222 SECTION 13. Section 77 of said chapter 112, as so appearing, is hereby amended by 223 adding the following paragraph:-
224 Notwithstanding any general or special law to the contrary, no person shall be subject to 225 discipline by the board, including the revocation, suspension or cancellation of the certificate of 226 registration or reprimand, censure or monetary fine, for providing or assisting in the provision of 227 reproductive health care services or gender-affirming health care services, as those terms are 228 defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising 229 from such health care services if the services as provided would have been lawful and consistent
230 with the standard of conduct for nurses if they occurred entirely in the commonwealth. The board 231 shall not take adverse action on an application for registration of a qualified nurse based on a 232 criminal or civil action or disciplinary action by a licensing board of another state that arises 233 from such health care services that, as provided, would have been lawful and consistent with the 234 standard of conduct for nurses if they occurred entirely in the commonwealth.
235 Nothing in this section shall be construed to regulate the practice of nursing in any other 236 state.
237 SECTION 14. Section 128 of said chapter 112, as so appearing, is hereby amended by 238 inserting after the word “inclusive”, in line 4, the following words:- ; provided, however, that 239 notwithstanding any general or special law to the contrary, no person shall be subject to 240 discipline by the board, including the revocation, suspension or cancellation of the certificate of 241 registration or reprimand, censure or monetary fine, for providing or assisting in the provision of 242 reproductive health care services or gender-affirming health care services, as those terms are 243 defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising 244 from such health care services if the services as provided would have been lawful and consistent 245 with the standard of conduct adopted by the board by regulation if they occurred entirely in the 246 commonwealth; provided further, that the board shall not take adverse action on an application 247 for registration of a qualified psychologist based on a criminal or civil action or disciplinary 248 action by a licensing board of another state that arises from such health care services that, as 249 provided, would have been lawful and consistent with the standard of conduct adopted by the 250 board by regulation if they occurred entirely in the commonwealth.
251 Nothing in this section shall be construed to regulate the practice of psychology in any 252 other state.
253 SECTION 15. Section 137 of said chapter 112, as so appearing, is hereby amended by 254 inserting after the word “practice”, in line 8, the following words:- ; provided, however, that 255 notwithstanding any general or special law to the contrary, no person shall be subject to 256 discipline by the board, including the revocation, suspension or cancellation of the certificate of 257 registration or reprimand, censure or monetary fine, for providing or assisting in the provision of 258 reproductive health care services or gender-affirming health care services, as those terms are 259 defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising 260 from such health care services if the services as provided would have been lawful and consistent 261 with the standards of professional practice and conduct for social workers if they occurred 262 entirely in the commonwealth; provided further, that the board shall not take adverse action on 263 an application for registration of a qualified social worker based on a criminal or civil action or 264 disciplinary action by a licensing board of another state that arises from such health care services 265 that, as provided, would have been lawful and consistent with the standards of professional 266 practice and conduct for social workers if they occurred entirely in the commonwealth.
267 Nothing in this section shall be construed to regulate the practice of social work in any 268 other state.
269 SECTION 16. Section 10A of chapter 118E of the General Laws, as so appearing, is 270 hereby amended by inserting after the words “coverage for”, in line 1, the following words:- 271 abortion, as defined in section 12K of chapter 112, abortion-related care,.
272 SECTION 17. Said section 10A of said chapter 118E, as so appearing, is hereby further 273 amended by adding the following 2 paragraphs:-
274 Coverage provided under this section for abortion or abortion-related care shall not be 275 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 276 Coverage offered under this section for abortion or abortion-related care shall not impose 277 unreasonable restrictions or delays in the coverage.
278 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 279 spouse and covered dependents.
280 SECTION 18. Chapter 147 of the General Laws is hereby amended by adding the 281 following section:-
282 Section 63. (a) As used in this section, the following words shall have the following 283 meanings unless the context clearly requires otherwise:
284 “Law enforcement agency of the commonwealth”, any state, municipal, college or 285 university police department, sheriff’s department, correctional facility, prosecutorial office, 286 court, probation office, or a program of more than 1 of any such entity, or any other non-federal 287 entity in the commonwealth charged with the enforcement of laws or the custody of detained 288 persons.
289 (b) Notwithstanding any general or special law to the contrary, and except as required by 290 federal law, no officer or employee of a law enforcement agency of the commonwealth, while 291 acting under color of law, shall provide information or assistance to a federal law enforcement 292 agency or any other state’s law enforcement agency or any private citizen or quasi-law
293 enforcement agent in relation to an investigation or inquiry into services constituting legally 294 protected health care activity, as defined in section 11I½ of chapter 12, if such services would be 295 lawful as provided if they occurred entirely in the commonwealth.
296 SECTION 19. Section 47F of chapter 175 of the General Laws, as appearing in the 2020 297 Official Edition, is hereby amended by inserting after the word “of”, in line 20, the following 298 words:- abortion, as defined in section 12K of chapter 112, abortion-related care,.
299 SECTION 20. Said section 47F of said chapter 175, as so appearing, is hereby further 300 amended by inserting after the third paragraph the following 3 paragraphs:-
301 Coverage provided under this section for abortion or abortion-related care shall not be 302 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 303 Coverage offered under this section for abortion or abortion-related care shall not impose 304 unreasonable restrictions or delays in the coverage.
305 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 306 spouse and covered dependents.
307 A policy of accident and sickness insurance that is purchased by an employer that is a 308 church or qualified church-controlled organization, as those terms are defined in subsection (j) of 309 section 47W, shall be exempt from covering abortion or abortion-related care at the request of 310 the employer. An employer that invokes the exemption under this section shall provide written 311 notice to prospective enrollees prior to enrollment with the plan and such notice shall list the 312 health care methods and services for which the employer will not provide coverage for religious 313 reasons.
314 SECTION 21. Section 193U of said chapter 175, as so appearing, is hereby amended by 315 inserting after the word “specialty”, in line 14, the following words:- ; provided further, that no 316 medical malpractice insurer shall discriminate against a provider or adjust or otherwise calculate 317 a provider’s risk classification or premium charges on the basis that: (i) the health care provider 318 offers or provides reproductive health care services or gender-affirming health care services, as
319 those terms are defined in section 11I½ of chapter 12; (ii) the specific services offered or 320 provided in connection with reproductive health care services or gender-affirming health care 321 services are unlawful in another state; (iii) another state’s laws create potential or actual liability 322 for those services; or (iv) litigation against a provider concerning reproductive health care 323 services or gender-affirming health care services resulted in a judgment against the provider, if 324 such health care services would be lawful and consistent with good medical practice as provided, 325 if they occurred entirely in the commonwealth.
326 SECTION 22. Section 8H of chapter 176A of the General Laws, as so appearing, is 327 hereby amended by inserting after the words “expense for”, in line 8, the following words:- 328 abortion, as defined in section 12K of chapter 112, abortion-related care,.
329 SECTION 23. Said section 8H of said chapter 176A, as so appearing, is hereby further 330 amended by striking out, in lines 9 and 10, the words “to the same extent that benefits are 331 provided for medical conditions not related to pregnancy”.
332 SECTION 24. Said section 8H of said chapter 176A, as so appearing, is hereby further 333 amended by inserting after the third paragraph the following 3 paragraphs:-
334 Coverage provided under this section for abortion or abortion-related care shall not be 335 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement.
336 Coverage offered under this section for abortion or abortion-related care shall not impose 337 unreasonable restrictions or delays in the coverage.
338 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 339 spouse and covered dependents.
340 A policy of accident and sickness insurance that is purchased by an employer that is a 341 church or qualified church-controlled organization, as those terms are defined in subsection (j) of 342 section 8W of this chapter, shall be exempt from covering abortion or abortion-related care at the 343 request of the employer. An employer that invokes the exemption under this subsection shall 344 provide written notice to prospective enrollees prior to enrollment with the plan and such notice 345 shall list the health care methods and services for which the employer will not provide coverage 346 for religious reasons.
347 SECTION 25. Section 4H of chapter 176B of the General Laws, as so appearing, is 348 hereby amended by inserting after the words “expense for”, in lines 7 and 8, the following 349 words:- abortion, as defined in section 12K of chapter 112, abortion-related care,.
350 SECTION 26. Said section 4H of said chapter 176B, as so appearing, is hereby further 351 amended by striking out, in lines 8 to 10, inclusive, the words “to the same extent that benefits 352 are provided for medical conditions not related to pregnancy”.
353 SECTION 27. Said section 4H of said chapter 176B, as so appearing, is hereby further 354 amended by inserting after the third paragraph the following 3 paragraphs:-
355 Coverage provided under this section for abortion or abortion-related care shall not be 356 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement.
357 Coverage offered under this section for abortion or abortion-related care shall not impose 358 unreasonable restrictions or delays in the coverage.
359 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 360 spouse and covered dependents.
361 A policy of accident and sickness insurance that is purchased by an employer that is a 362 church or qualified church-controlled organization, as those terms are defined in subsection (j) of 363 section 4W, shall be exempt from covering abortion or abortion-related care at the request of the 364 employer. An employer that invokes the exemption under this subsection shall provide written 365 notice to prospective enrollees prior to enrollment with the plan and such notice shall list the 366 health care methods and services for which the employer will not provide coverage for religious 367 reasons.
368 SECTION 28. Section 4I of chapter 176G of the General Laws, as so appearing, is hereby 369 amended by inserting after the words “coverage for”, in lines 1 and 2, the following words:- 370 abortion, as defined in section 12K of chapter 112, abortion-related care,.
371 SECTION 29. Said section 4I of said chapter 176G, as so appearing, is hereby further 372 amended by inserting after the second paragraph the following 3 paragraphs:-
373 Coverage provided under this section for abortion or abortion-related care shall not be 374 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. 375 Coverage offered under this section for abortion or abortion-related care shall not impose 376 unreasonable restrictions or delays in the coverage.
377 Benefits for an enrollee under this section shall be the same for the enrollee’s covered 378 spouse and covered dependents.
379 A health maintenance contract that is purchased by an employer that is a church or 380 qualified church-controlled organization, as those terms are defined in subsection (j) of section 381 4O, shall be exempt from covering abortion or abortion-related care at the request of the 382 employer. An employer that invokes the exemption under this subsection shall provide written 383 notice to prospective enrollees prior to enrollment with the plan and such notice shall list the 384 health care methods and services for which the employer will not provide coverage for religious 385 reasons.
386 SECTION 30. Section 4A of chapter 218 of the General Laws, as so appearing, is hereby 387 amended by inserting after the word “filing”, in line 20, the following words:- ; provided further, 388 that, except as required by federal law, a judgment creditor shall not file a copy of any foreign 389 judgment under this section if the judgment was issued in connection with any litigation 390 concerning legally-protected health care activity, as defined in section 11I½ of chapter 12.
391 SECTION 31. Subsection (g) of said section 4A of said chapter 218, as so appearing, is 392 hereby amended by adding the following sentence:- In any action filed to enforce a judgment 393 issued in connection with any litigation concerning legally-protected health care activity, as 394 defined in section 11I½ of chapter 12, the court in the commonwealth hearing the action shall not 395 give any force or effect to any judgment issued without jurisdiction.
396 SECTION 32. Section 11 of chapter 223A of the General Laws, as so appearing, is 397 hereby amended by adding the following paragraph:-
398 Notwithstanding any other provision of this section to the contrary and except as required 399 by federal law, a court of this commonwealth shall not order a person who is domiciled or found 400 within this commonwealth to give testimony or statement or produce documents or other things 401 for use in connection with any proceeding in a tribunal outside the commonwealth concerning 402 legally-protected health care activity, as defined in section 11I½ of chapter 12.
403 SECTION 33. Section 59H of chapter 231 of the General Laws, as so appearing, is 404 hereby amended by inserting after the word “case”, in line 1, the following words:- , except a 405 case brought pursuant to section 11I½ of chapter 12,.
406 SECTION 34. Section 13A of chapter 233 of the General Laws, as so appearing, is 407 hereby amended by inserting after the word “summons”, in line 32, the following words:- , 408 except that no justice or special justice shall issue a summons in a case, except as required by 409 federal law, where prosecution is pending concerning legally-protected health care activity, as 410 defined in section 11I½ of chapter 12, or where a grand jury investigation concerning legally 411 protected health care activity has commenced or is about to commence for a criminal violation of 412 a law of such other state unless the acts forming the basis of the prosecution or investigation 413 would also constitute an offense if occurring entirely in the commonwealth.
414 SECTION 35. Section 21A of chapter 272 of the General Laws, as so appearing, is 415 hereby amended by striking out the fourth sentence and inserting in place thereof the following 416 sentence:- This section shall not be construed to permit the sale or dispensing of prescription 417 drugs or devices for the prevention of pregnancy or conception by a vending machine or similar 418 device.
419 SECTION 36. Section 13 of chapter 276 of the General Laws, as so appearing, is hereby 420 amended by striking out the first paragraph and inserting in place thereof the following 2 421 paragraphs:-
422 The governor may also surrender, on demand of the executive authority of any other 423 state, any person in the commonwealth charged in such other state in the manner provided in 424 section 14 with committing an act in this commonwealth, or in a third state, intentionally 425 resulting in a crime in the state whose executive authority is making the demand, hereafter in this 426 section and in sections 14 to 20P, inclusive, referred to as the demanding state, only when the 427 acts for which extradition is sought would be punishable by the laws of the commonwealth if the 428 consequences claimed to have resulted therefrom in the demanding state had taken effect in this 429 commonwealth and the provisions of sections 11 to 20R, inclusive, not otherwise inconsistent 430 shall apply to such cases even though the accused was not in the demanding state at the time of 431 the commission of the crime and has not fled therefrom; provided, however, that the governor 432 may, in the governor’s discretion, make any such surrender conditional upon agreement by the 433 executive authority of the demanding state that the person so surrendered will be held to answer 434 no criminal charges of any nature except those set forth in the requisition upon which such 435 person is so surrendered, at least until such person has been given reasonable opportunity to 436 return to the commonwealth after the person’s acquittal, if the person shall be acquitted, or after 437 the person shall be released from confinement, if the person shall be convicted.
438 Except as required by federal law, the governor shall not surrender a person charged in 439 another state as a result of engaging in legally-protected health care activity, as defined in section 440 11I½ of chapter 12, unless the executive authority of the demanding state shall allege in writing
441 that the accused was physically present in the demanding state at the time of the commission of 442 the alleged offense and that thereafter the accused fled from the demanding state.
443 SECTION 37. Section 14 of said chapter 276, as so appearing, is hereby amended by 444 inserting the after word “state”, in line 7, the following words:- only when the acts for which the 445 demand for interstate rendition is sought would be punishable by the laws of the commonwealth, 446 if the consequences claimed to have resulted therefrom in the demanding state had taken effect in 447 this commonwealth.
448 SECTION 38. Section 20A of said chapter 276, as so appearing, is hereby amended by 449 inserting after the word “thirteen”, in lines 5 and 12 and 13, the following words:- , with the 450 exception of cases for which the governor shall not surrender a person under said section 13.
451 SECTION 39. Section 20B of said chapter 276, as so appearing, is hereby amended by 452 adding the following sentence:- This section shall not apply to cases arising under section 13 for 453 which the governor shall not surrender a person.
454 SECTION 40. Section 20C of said chapter 276, as so appearing, is hereby amended by 455 inserting after the word “thirteen”, in line 4, the following words:- , with the exception of cases 456 for which the governor shall not surrender a person under said section 13.
457 SECTION 41. Sections 5, 6, 16, 17, 19, 20, 22 to 29, inclusive, shall apply to all policies, 458 contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B 459 and 176G of the General Laws that are delivered, issued or renewed 6 months from the effective 460 date of this act.
461 SECTION 42. (a) Regulations required pursuant to section 12N of chapter 112 of the 462 General Laws, as inserted by section 11, shall not delay the implementation of said section 12N 463 of said chapter 112, including any changes in section 10, and shall take effect upon passage.
464 (b) The department of public health shall promulgate regulations required pursuant to 465 section 12N of chapter 112 of the General Laws, as inserted by section 11, not later than January 466 1, 2023.