The Mass Medical Society wishes to be recorded in support of
S. 498, “An Act Relative to Communications Between Health Insurers and
Patients.” The Society is grateful to Senator Michael Brady for sponsoring this
important piece of legislation.
S. 498 would create a new patient protection by prohibiting
those with a potential incentive to discourage patients from seeking ongoing
treatment from contacting patients without the knowledge or presence of a treating
physician. The legislation applies to insurers, Accountable Care Organizations
(ACO’s) and other entities with financial responsibility for patient’s care.
The intent is to make certain that if patients are contacted on their end of
life choices, for example, by insurers and others with similar incentives, that
treating physicians are aware of this contact prior to its taking place. This
will give physicians and opportunity to respond in an informed manner to their
patient’s questions regarding such communications.
The language does not apply to incentives from health care
entities or parties other than those enumerated who engage patients in
discussions regarding end of life care, including health care proxies, the
MOLST initiative, religious counseling or other discussions outside the context
of coverage for services.
The MMS encourages the Financial Services Committee to
support S. 498 and to report the bill out of committee favorably.
