PATCH BILL

An Act to protect access to confidential healthcare(HD 3059/SB 591)

Lead Sponsors: Representative Kate Hogan; Senator Karen Spilka

An Act to protect access to confidential healthcare would ensure that when multiple people are on the same insurance plan, confidential health care information is only shared with the patient. By requiring an insurer to send a “member-level” EOB to an address of the patient’s choosing, rather than to a family member, this bill would ensure greater privacy and alleviate fears of being punished or stigmatized for accessing needed services. Removing barriers to accessing care will in turn promote timely treatment and reduced health care costs.

On behalf of the Protecting Access to Confidential Health Care (PATCH) Alliance, we write to request that you cosponsorAn Act to protect access to confidential healthcare(, sponsored by Representative Hogan for the 2017-2018 session.If you cosponsored this bill in the last session, we thank you for your support to ensure access to safe, confidential healthcare through this critical legislation. This bill is supported by a broad coalition of providers and advocates, as well as Blue Cross Blue Shield of MA, the Massachusetts Association of Health Plans, and the Office of the Attorney General.

Patient confidentiality is a foundation of the patient-provider relationship and is essential in helping patients feel comfortable accessing care and communicating with their health care providers. Health plans typically send an Explanation of Benefits form (EOB) detailing the type and cost of medical services received to the primary subscriber each time an enrollee on the plan accesses care. In some instances, the EOB may contain information on sensitive health care services, such as care related to domestic violence or sexual assault, mental health or substance use disorders, sexual and reproductive health or HIV/AIDS, and can unintentionally compromise patient confidentiality for anyone enrolled as a dependent on another person’s health insurance policy, such as a young adult or spouse.

When patients are concerned about confidentiality they are more likely to delay or forgo receiving necessary health services. Additional concerns arise in the context of violence and abuse when the primary subscriber may be the coercive, controlling or abusive party. Fear that the controlling partner or family member will learn of the treatment and further exacerbate the abuse deters many from seeking care altogether.

This bill passed the Senate with bi-partisan support last session and received a favorable report from the House Committee on Ways and Means at the end of the session.

Contact: Margaret Haffey, Legislative Advocacy Committee Co-chair, NASW-MA

PATCH Alliance:

AIDS Action Committee

Action for Boston Community Development

Association for Behavioral Healthcare

ACLU of Massachusetts

Boston Area Rape Crisis Center

Boston Children’s Hospital, Division of Adolescent/Young Adult Medicine

Boston Public Health Commission

Cambridge Health Alliance

Citizens for Citizens

College Health Association of Administrators & Nurse Directors

Conference of Boston Teaching Hospitals

Connors Center for Women's Health & Gender Biology, Brigham & Women's

Eastern MA Abortion Fund

Fenway Health

Gay & Lesbian Advocates & Defenders

Health Care For All

Health Law Advocates

Health Quarters

Ibis Reproductive Health

Jane Doe Inc.

Judicial Consent for Minors Lawyer Referral Panel

MA Alliance on Teen Pregnancy

MA Assoc. for School-Based Health Care

MA Family Planning Association

MA Law Reform Institute

MA Psychiatric Society

MA Organization for Addiction Recovery

NARAL Pro-Choice Massachusetts

National Alliance on Mental Illness Mass

National Association of Social Workers – MA Chapter

National Family Planning & Reproductive Health Association

Partners HealthCare System

Planned Parenthood Advocacy Fund of MA

Southern Jamaica Plain Health Center

Tapestry Health

The Dimock Center

The Second Step

Victim Rights Law Center

Women’s Bar Association