To eliminate fees for the removal of a child’s body by the Office of the Chief Medical Examiner
Summary
House Bill 4833, titled "An Act to eliminate fees for the removal of a child’s body by the Office of the Chief Medical Examiner," would create a new chapter in the General Laws, Chapter 38A, known as "The Benson Bill." The bill defines a "child" as any individual age 5 or younger and directs the Office of the Chief Medical Examiner to stop charging families any fees or charges related to the removal, transportation, or handling of a deceased child’s body. The prohibition expressly includes fees such as cremation viewings and applies notwithstanding any conflicting law, rule, or regulation.
The bill also requires the Office to submit an annual report by December 31 to the House and Senate clerks and the Joint Committee on Public Health. That report must include the number of child cases handled, costs absorbed by the office for these services, and any recommendations for additional funding if needed. The act would take effect 90 days after passage.
Impact
If enacted, the bill would amend the Massachusetts General Laws by adding Chapter 38A and imposing a new statewide rule on the Office of the Chief Medical Examiner. It would eliminate direct billing to families for specified services connected to deceased children age 5 or younger, shifting those costs to the office or the Commonwealth. The reporting requirement would also create a new administrative obligation and could inform future appropriations or policy changes related to child death investigations and postmortem handling.
Sentiment
The available context suggests generally favorable sentiment toward the bill. The Public Health Committee reported that the bill "ought to pass," and there is no recorded opposition, vote tally, or transcript indicating controversy in the materials provided. The bill’s framing as a fee elimination measure for grieving families indicates a compassionate policy approach that appears to have broad committee support at this stage.
Contention
No specific points of contention are documented in the provided transcripts or voting history. Potential issues implied by the text are fiscal and administrative: the Office of the Chief Medical Examiner would lose fee revenue and may need additional funding to cover removal, transportation, and handling costs, which the bill anticipates through its annual reporting and recommendation requirement. Any debate would likely center on whether the state should absorb these costs and how to define and administer the age-based eligibility cutoff for a "child" as five years old or younger.
Enacts the "who you gonna call? act"; classifies vehicles of the office of chief medical examiner of the city of New York as an emergency vehicle; classifies any actual or potential scene where the New York city office of chief medical examiner has an official role as an emergency operation; authorizes vehicles of the office of chief medical examiner of the city of New York to affix vehicles with blue, red and white lights.
Enacts the "who you gonna call? act"; classifies vehicles of the office of chief medical examiner of the city of New York as an emergency vehicle; classifies any actual or potential scene where the New York city office of chief medical examiner has an official role as an emergency operation; authorizes vehicles of the office of chief medical examiner of the city of New York to affix vehicles with blue, red and white lights.