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S 738

Relates to operating manuals for micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-ion batteries intended for use in such devices

2025 Regular Session Introduced by Cordell Cleare

Provides a medical exemption allowing individuals who cannot use AB-rated generics to keep manufacturer coupons or brand-drug coverage, with PCP proof.

SIGNED CHAP.70
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Bill Summary · S 738

Summary — S.738 (2025): Medical exemption for manufacturer coupons

Status: Enacted — Signed into law (Chapter 70) on February 14, 2025

Purpose

S.738 creates a narrow medical exemption to an existing provision of Massachusetts General Laws, chapter 175H, §3(b)(2). The amendment ensures that individuals who cannot, for medical reasons, be prescribed an AB‑rated FDA equivalent (a therapeutically equivalent generic) may be exempted from the effect of that clause if they provide proof from their primary care practitioner. The stated intent is to preserve access to manufacturer coupons or related coverage exceptions for patients who genuinely require a brand drug rather than its generic equivalent.

Key provision(s)

  • Amends clause (2) of subsection (b) of G.L. c.175H, §3 by inserting the following:
    “This clause shall not apply to any individual that cannot be medically prescribed the AB rated generic equivalent and can provide proof from their primary care practitioner.”
  • Requires patient documentation from a primary care practitioner as proof of medical inability to use the AB‑rated generic.

Who is affected

  • Patients: Individuals who cannot safely or effectively take an AB‑rated generic equivalent and who seek to use manufacturer coupons or otherwise rely on benefits tied to a brand product.
  • Prescribers: Primary care practitioners who may be asked to provide written proof supporting the medical exemption.
  • Payers, insurers, and pharmacy benefit managers (PBMs): Entities subject to G.L. c.175H will need to implement procedures to recognize and process the medical exemption.
  • Pharmacies and drug manufacturers: May see changes in coupon acceptance and dispensing practices for affected patients.

Potential impact

  • Supports patient access and affordability for those with documented medical need for brand medications (by preserving coupon or coverage options).
  • Could increase drug spending for payers if more brand‑name drugs are used in lieu of lower‑cost generics.
  • Administrative impact: insurers/PBMs will need to establish verification processes for practitioner attestations.

Timeline and procedural notes

  • Filed (Senate docket): January 15, 2025 (filed/presented by Sen. Ryan C. Fattman; petition also lists Sen. Bruce E. Tarr).
  • Legislative actions in February 2025 show passage through both chambers; delivered to the Governor on February 12, 2025; signed into law February 14, 2025 (Chapter 70, 2025).
  • The public record provided includes duplicated and inconsistent metadata (duplicate entries, alternate sponsor names that appear unrelated). The authoritative text of the enacted change is the single sentence quoted above amending G.L. c.175H §3(b)(2).

Related measures

  • Companion bill: H.923 / A.923 (listed as companion in the record).
  • Note: If you need the exact current wording and placement within chapter 175H for compliance or regulatory implementation, consult the session laws (Chapter 70 of 2025) or the updated General Laws text.

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

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