Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1042 Compare Versions

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22 HOUSE DOCKET, NO. 2160 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1042
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Vanna Howard
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to parity of treatment with substance abuse.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Vanna Howard17th Middlesex1/10/2023 1 of 7
1616 HOUSE DOCKET, NO. 2160 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1042
1818 By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 1042) of
1919 Vanna Howard relative to substance abuse healthcare coverage. Financial Services.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act relative to parity of treatment with substance abuse.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after
2929 2section 17S the following section:-
3030 3 Section 17T. The commission shall provide, to an active or retired employee of the
3131 4commonwealth who is insured under the group insurance commission, coverage for expenses
3232 5arising from treatment for chemical dependency, including alcoholism, and for mental or nervous
3333 6conditions at the same level as, and subject to limitations no more restrictive than, those imposed
3434 7on coverage or reimbursement of expenses arising from treatment for other medical conditions.
3535 8 The coverage shall not be subject to treatment limitations, limits on total payments for
3636 9treatment, limits on duration of treatment or financial requirements unless similar limitations or
3737 10requirements are imposed on coverage of other medical conditions. The coverage of eligible
3838 11expenses may be limited to treatment that is medically necessary as determined under the policy
3939 12for other medical conditions. 2 of 7
4040 13 Nothing in this section shall require coverage for:
4141 14 (i) educational or correctional services or sheltered living provided by a school or
4242 15halfway house;
4343 16 (ii) a long-term residential mental health program that lasts longer than 45 days;
4444 17 (iii) psychoanalysis or psychotherapy received as part of an educational or training
4545 18program, regardless of diagnosis or symptoms that may be present;
4646 19 (iv) a court-ordered sex offender treatment program.
4747 20 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
4848 21section 10Q the following section:-
4949 22 Section 10R. The division and its contracted health insurers, health plans, health
5050 23maintenance organizations, behavioral health management firms and third-party administrators
5151 24under contract to a Medicaid managed care organization or primary care clinician plan shall
5252 25provide coverage for expenses arising from treatment for chemical dependency, including
5353 26alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations
5454 27no more restrictive than, those imposed on coverage or reimbursement of expenses arising from
5555 28treatment for other medical conditions.
5656 29 The coverage shall not be subject to treatment limitations, limits on total payments for
5757 30treatment, limits on duration of treatment or financial requirements unless similar limitations or
5858 31requirements are imposed on coverage of other medical conditions. The coverage of eligible
5959 32expenses may be limited to treatment that is medically necessary as determined under the policy
6060 33for other medical conditions. 3 of 7
6161 34 Nothing in this section shall require coverage for:
6262 35 (i) educational or correctional services or sheltered living provided by a school or
6363 36halfway house;
6464 37 (ii) a long-term residential mental health program that lasts longer than 45 days;
6565 38 (iii) psychoanalysis or psychotherapy received as part of an educational or training
6666 39program, regardless of diagnosis or symptoms that may be present;
6767 40 (iv) a court-ordered sex offender treatment program.
6868 41 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after
6969 42section 47TT the following section:-
7070 43 Section 47UU. Any policy, contract, agreement, plan or certificate of insurance issued,
7171 44delivered or renewed within or without the commonwealth shall provide coverage for expenses
7272 45arising from treatment for chemical dependency, including alcoholism, and for mental or nervous
7373 46conditions at the same level as, and subject to limitations no more restrictive than, those imposed
7474 47on coverage or reimbursement of expenses arising from treatment for other medical conditions.
7575 48 The coverage shall not be subject to treatment limitations, limits on total payments for
7676 49treatment, limits on duration of treatment or financial requirements unless similar limitations or
7777 50requirements are imposed on coverage of other medical conditions. The coverage of eligible
7878 51expenses may be limited to treatment that is medically necessary as determined under the policy
7979 52for other medical conditions.
8080 53 Nothing in this section shall require coverage for: 4 of 7
8181 54 (i) educational or correctional services or sheltered living provided by a school or
8282 55halfway house;
8383 56 (ii) a long-term residential mental health program that lasts longer than 45 days;
8484 57 (iii) psychoanalysis or psychotherapy received as part of an educational or training
8585 58program, regardless of diagnosis or symptoms that may be present;
8686 59 (iv) a court-ordered sex offender treatment program.
8787 60 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after
8888 61section 8UU the following section:-
8989 62 Section 8VV. A contract between a subscriber and the corporation under an individual or
9090 63group hospital service plan that is delivered, issued or renewed within the commonwealth shall
9191 64provide coverage for expenses arising from treatment for chemical dependency, including
9292 65alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations
9393 66no more restrictive than, those imposed on coverage or reimbursement of expenses arising from
9494 67treatment for other medical conditions.
9595 68 The coverage shall not be subject to treatment limitations, limits on total payments for
9696 69treatment, limits on duration of treatment or financial requirements unless similar limitations or
9797 70requirements are imposed on coverage of other medical conditions. The coverage of eligible
9898 71expenses may be limited to treatment that is medically necessary as determined under the policy
9999 72for other medical conditions.
100100 73 Nothing in this section shall require coverage for: 5 of 7
101101 74 (i) educational or correctional services or sheltered living provided by a school or
102102 75halfway house;
103103 76 (ii) a long-term residential mental health program that lasts longer than 45 days;
104104 77 (iii) psychoanalysis or psychotherapy received as part of an educational or training
105105 78program, regardless of diagnosis or symptoms that may be present;
106106 79 (iv) a court-ordered sex offender treatment program.
107107 80 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after
108108 81section 4UU the following section:-
109109 82 Section 4VV. Any subscription certificate under an individual or group medical service
110110 83agreement delivered, issued or renewed within the commonwealth shall provide coverage for
111111 84expenses arising from treatment for chemical dependency, including alcoholism, and for mental
112112 85or nervous conditions at the same level as, and subject to limitations no more restrictive than,
113113 86those imposed on coverage or reimbursement of expenses arising from treatment for other
114114 87medical conditions.
115115 88 The coverage shall not be subject to treatment limitations, limits on total payments for
116116 89treatment, limits on duration of treatment or financial requirements unless similar limitations or
117117 90requirements are imposed on coverage of other medical conditions. The coverage of eligible
118118 91expenses may be limited to treatment that is medically necessary as determined under the policy
119119 92for other medical conditions.
120120 93 Nothing in this section shall require coverage for: 6 of 7
121121 94 (i) educational or correctional services or sheltered living provided by a school or
122122 95halfway house;
123123 96 (ii) a long-term residential mental health program that lasts longer than 45 days;
124124 97 (iii) psychoanalysis or psychotherapy received as part of an educational or training
125125 98program, regardless of diagnosis or symptoms that may be present;
126126 99 (iv) a court-ordered sex offender treatment program.
127127 100 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after
128128 101section 4MM the following section:-
129129 102 Section 4NN. Any individual or group health maintenance contract that is issued or
130130 103renewed within or without the commonwealth shall provide coverage for expenses arising from
131131 104treatment for chemical dependency, including alcoholism, and for mental or nervous conditions
132132 105at the same level as, and subject to limitations no more restrictive than, those imposed on
133133 106coverage or reimbursement of expenses arising from treatment for other medical conditions.
134134 107 The coverage shall not be subject to treatment limitations, limits on total payments for
135135 108treatment, limits on duration of treatment or financial requirements unless similar limitations or
136136 109requirements are imposed on coverage of other medical conditions. The coverage of eligible
137137 110expenses may be limited to treatment that is medically necessary as determined under the policy
138138 111for other medical conditions.
139139 112 Nothing in this section shall require coverage for:
140140 113 (i) educational or correctional services or sheltered living provided by a school or
141141 114halfway house; 7 of 7
142142 115 (ii) a long-term residential mental health program that lasts longer than 45 days;
143143 116 (iii) psychoanalysis or psychotherapy received as part of an educational or training
144144 117program, regardless of diagnosis or symptoms that may be present;
145145 118 (iv) a court-ordered sex offender treatment program.