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H 1308

An Act relative to protecting reproductive destiny

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 3 co-sponsors

Requires capacity-based consent for adult sterilization and expands Medicaid to cover sterilization, waiving the 30-day wait when decision counseling and signed consent are complete.

Hearing scheduled for 09/17/2025 from 12:30 PM-04:30 PM in Gardner Auditorium
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Bill Summary · H 1308

Summary of Massachusetts H.1308: An Act relative to protecting reproductive destiny

Status and Scheduling
- Bill Number: H.1308
- Title: An Act relative to protecting reproductive destiny
- Introduced: February 27, 2025
- Latest Legislative Actions: Referred to the Committee on Financial Services (02/27/2025); Senate concurred (02/27/2025); Hearing scheduled for September 17, 2025, 12:30 PM–4:30 PM in Gardner Auditorium
- Related: Similar matter previously filed as House Bill 1138 in 2023-2024

Purpose and intent
- The bill has two main aims:
1) Strengthen protections for informed consent in sterilization decisions for adults (18+) by ensuring sterilization is not performed when a physician has reason to believe the individual cannot provide informed consent, including individuals under guardianship or in state institutions.
2) Expand Medicaid coverage for voluntary female sterilization, removing or waiving the federally required 30-day waiting period when decision counseling has occurred and informed written consent is obtained.

Key Provisions

1) Consent safeguards (Section 1)
- Amends Section 12W of Chapter 112.
- New provision: If a physician has reason to believe a person 18 or older cannot give informed consent, including individuals under guardianship (Chapter 190B) or in a state institution, no sterilization may be performed.
- Purpose: Reinforce emphasis on patient capacity and informed decision-making prior to sterilization.

2) Expanded Medicaid coverage for voluntary female sterilization (Section 2)
- Creates Section 10O appended to Chapter 118E (Expanded Medicaid Coverage for Voluntary Female Sterilization).
- Definitions introduced:
- Decision Counseling: A counseling model to ensure patients are fully informed about effects and permanency of sterilization.
- Informed Written Consent: A written form signed by the patient acknowledging understanding and agreement.
- Voluntary Female Sterilization: Any procedure or operation performed at the patient’s request to render them permanently unable to reproduce.
- Coverage requirements:
- Medicaid division, contracted insurers, health plans, HMOs, behavioral health managers, and third-party administrators under Medicaid managed care or primary care clinician plans must cover voluntary female sterilization.
- Coverage may occur even if the federally required 30-day waiting period has not been completed, provided the patient has completed Decision Counseling and signed an informed written consent.

Affected Parties and Impact

  • Individuals:
    • Women (and other eligible patients under Medicaid) seeking voluntary female sterilization may have the 30-day waiting period waived if Decision Counseling is completed and informed consent is signed.
    • Emphasizes enhanced information and consent processes prior to sterilization.
  • Providers:
    • Physicians must assess the patient’s capacity to consent; sterilization cannot be performed if consent is not informed.
    • Encourages standardized Decision Counseling and documented informed consent.
  • Payers and Programs:
    • Medicaid division, managed care organizations, plans, HMOs, and related entities must implement coverage consistent with the new Section 10O.
    • Potential reduction of delay caused by waiting periods when criteria are met.

Procedural and Timeline Considerations

  • Hearing: September 17, 2025, Gardner Auditorium (12:30 PM–4:30 PM).
  • Legislative path: Introduced and referred to Financial Services; concurrent actions in the Senate noted as “concurred.”
  • Implementation: If enacted, provisions would modify consent standards in sterilization cases and adjust Medicaid coverage rules for sterilization services.

Notes

  • The bill builds on prior similar legislation (HD 1138, 2023-2024) and reflects ongoing policy discussions about reproductive autonomy, informed consent, and Medicaid coverage for sterilization services.
  • No specific fiscal figures are provided in the text provided.

Compiled from official sources — confirm details with the bill’s official record.

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