1 | 1 | | 1 of 1 |
---|
2 | 2 | | HOUSE DOCKET, NO. 2160 FILED ON: 1/19/2023 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1042 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Vanna Howard |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act relative to parity of treatment with substance abuse. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Vanna Howard17th Middlesex1/10/2023 1 of 7 |
---|
16 | 16 | | HOUSE DOCKET, NO. 2160 FILED ON: 1/19/2023 |
---|
17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1042 |
---|
18 | 18 | | By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 1042) of |
---|
19 | 19 | | Vanna Howard relative to substance abuse healthcare coverage. Financial Services. |
---|
20 | 20 | | The Commonwealth of Massachusetts |
---|
21 | 21 | | _______________ |
---|
22 | 22 | | In the One Hundred and Ninety-Third General Court |
---|
23 | 23 | | (2023-2024) |
---|
24 | 24 | | _______________ |
---|
25 | 25 | | An Act relative to parity of treatment with substance abuse. |
---|
26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
27 | 27 | | of the same, as follows: |
---|
28 | 28 | | 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after |
---|
29 | 29 | | 2section 17S the following section:- |
---|
30 | 30 | | 3 Section 17T. The commission shall provide, to an active or retired employee of the |
---|
31 | 31 | | 4commonwealth who is insured under the group insurance commission, coverage for expenses |
---|
32 | 32 | | 5arising from treatment for chemical dependency, including alcoholism, and for mental or nervous |
---|
33 | 33 | | 6conditions at the same level as, and subject to limitations no more restrictive than, those imposed |
---|
34 | 34 | | 7on coverage or reimbursement of expenses arising from treatment for other medical conditions. |
---|
35 | 35 | | 8 The coverage shall not be subject to treatment limitations, limits on total payments for |
---|
36 | 36 | | 9treatment, limits on duration of treatment or financial requirements unless similar limitations or |
---|
37 | 37 | | 10requirements are imposed on coverage of other medical conditions. The coverage of eligible |
---|
38 | 38 | | 11expenses may be limited to treatment that is medically necessary as determined under the policy |
---|
39 | 39 | | 12for other medical conditions. 2 of 7 |
---|
40 | 40 | | 13 Nothing in this section shall require coverage for: |
---|
41 | 41 | | 14 (i) educational or correctional services or sheltered living provided by a school or |
---|
42 | 42 | | 15halfway house; |
---|
43 | 43 | | 16 (ii) a long-term residential mental health program that lasts longer than 45 days; |
---|
44 | 44 | | 17 (iii) psychoanalysis or psychotherapy received as part of an educational or training |
---|
45 | 45 | | 18program, regardless of diagnosis or symptoms that may be present; |
---|
46 | 46 | | 19 (iv) a court-ordered sex offender treatment program. |
---|
47 | 47 | | 20 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
---|
48 | 48 | | 21section 10Q the following section:- |
---|
49 | 49 | | 22 Section 10R. The division and its contracted health insurers, health plans, health |
---|
50 | 50 | | 23maintenance organizations, behavioral health management firms and third-party administrators |
---|
51 | 51 | | 24under contract to a Medicaid managed care organization or primary care clinician plan shall |
---|
52 | 52 | | 25provide coverage for expenses arising from treatment for chemical dependency, including |
---|
53 | 53 | | 26alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations |
---|
54 | 54 | | 27no more restrictive than, those imposed on coverage or reimbursement of expenses arising from |
---|
55 | 55 | | 28treatment for other medical conditions. |
---|
56 | 56 | | 29 The coverage shall not be subject to treatment limitations, limits on total payments for |
---|
57 | 57 | | 30treatment, limits on duration of treatment or financial requirements unless similar limitations or |
---|
58 | 58 | | 31requirements are imposed on coverage of other medical conditions. The coverage of eligible |
---|
59 | 59 | | 32expenses may be limited to treatment that is medically necessary as determined under the policy |
---|
60 | 60 | | 33for other medical conditions. 3 of 7 |
---|
61 | 61 | | 34 Nothing in this section shall require coverage for: |
---|
62 | 62 | | 35 (i) educational or correctional services or sheltered living provided by a school or |
---|
63 | 63 | | 36halfway house; |
---|
64 | 64 | | 37 (ii) a long-term residential mental health program that lasts longer than 45 days; |
---|
65 | 65 | | 38 (iii) psychoanalysis or psychotherapy received as part of an educational or training |
---|
66 | 66 | | 39program, regardless of diagnosis or symptoms that may be present; |
---|
67 | 67 | | 40 (iv) a court-ordered sex offender treatment program. |
---|
68 | 68 | | 41 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
---|
69 | 69 | | 42section 47TT the following section:- |
---|
70 | 70 | | 43 Section 47UU. Any policy, contract, agreement, plan or certificate of insurance issued, |
---|
71 | 71 | | 44delivered or renewed within or without the commonwealth shall provide coverage for expenses |
---|
72 | 72 | | 45arising from treatment for chemical dependency, including alcoholism, and for mental or nervous |
---|
73 | 73 | | 46conditions at the same level as, and subject to limitations no more restrictive than, those imposed |
---|
74 | 74 | | 47on coverage or reimbursement of expenses arising from treatment for other medical conditions. |
---|
75 | 75 | | 48 The coverage shall not be subject to treatment limitations, limits on total payments for |
---|
76 | 76 | | 49treatment, limits on duration of treatment or financial requirements unless similar limitations or |
---|
77 | 77 | | 50requirements are imposed on coverage of other medical conditions. The coverage of eligible |
---|
78 | 78 | | 51expenses may be limited to treatment that is medically necessary as determined under the policy |
---|
79 | 79 | | 52for other medical conditions. |
---|
80 | 80 | | 53 Nothing in this section shall require coverage for: 4 of 7 |
---|
81 | 81 | | 54 (i) educational or correctional services or sheltered living provided by a school or |
---|
82 | 82 | | 55halfway house; |
---|
83 | 83 | | 56 (ii) a long-term residential mental health program that lasts longer than 45 days; |
---|
84 | 84 | | 57 (iii) psychoanalysis or psychotherapy received as part of an educational or training |
---|
85 | 85 | | 58program, regardless of diagnosis or symptoms that may be present; |
---|
86 | 86 | | 59 (iv) a court-ordered sex offender treatment program. |
---|
87 | 87 | | 60 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after |
---|
88 | 88 | | 61section 8UU the following section:- |
---|
89 | 89 | | 62 Section 8VV. A contract between a subscriber and the corporation under an individual or |
---|
90 | 90 | | 63group hospital service plan that is delivered, issued or renewed within the commonwealth shall |
---|
91 | 91 | | 64provide coverage for expenses arising from treatment for chemical dependency, including |
---|
92 | 92 | | 65alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations |
---|
93 | 93 | | 66no more restrictive than, those imposed on coverage or reimbursement of expenses arising from |
---|
94 | 94 | | 67treatment for other medical conditions. |
---|
95 | 95 | | 68 The coverage shall not be subject to treatment limitations, limits on total payments for |
---|
96 | 96 | | 69treatment, limits on duration of treatment or financial requirements unless similar limitations or |
---|
97 | 97 | | 70requirements are imposed on coverage of other medical conditions. The coverage of eligible |
---|
98 | 98 | | 71expenses may be limited to treatment that is medically necessary as determined under the policy |
---|
99 | 99 | | 72for other medical conditions. |
---|
100 | 100 | | 73 Nothing in this section shall require coverage for: 5 of 7 |
---|
101 | 101 | | 74 (i) educational or correctional services or sheltered living provided by a school or |
---|
102 | 102 | | 75halfway house; |
---|
103 | 103 | | 76 (ii) a long-term residential mental health program that lasts longer than 45 days; |
---|
104 | 104 | | 77 (iii) psychoanalysis or psychotherapy received as part of an educational or training |
---|
105 | 105 | | 78program, regardless of diagnosis or symptoms that may be present; |
---|
106 | 106 | | 79 (iv) a court-ordered sex offender treatment program. |
---|
107 | 107 | | 80 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after |
---|
108 | 108 | | 81section 4UU the following section:- |
---|
109 | 109 | | 82 Section 4VV. Any subscription certificate under an individual or group medical service |
---|
110 | 110 | | 83agreement delivered, issued or renewed within the commonwealth shall provide coverage for |
---|
111 | 111 | | 84expenses arising from treatment for chemical dependency, including alcoholism, and for mental |
---|
112 | 112 | | 85or nervous conditions at the same level as, and subject to limitations no more restrictive than, |
---|
113 | 113 | | 86those imposed on coverage or reimbursement of expenses arising from treatment for other |
---|
114 | 114 | | 87medical conditions. |
---|
115 | 115 | | 88 The coverage shall not be subject to treatment limitations, limits on total payments for |
---|
116 | 116 | | 89treatment, limits on duration of treatment or financial requirements unless similar limitations or |
---|
117 | 117 | | 90requirements are imposed on coverage of other medical conditions. The coverage of eligible |
---|
118 | 118 | | 91expenses may be limited to treatment that is medically necessary as determined under the policy |
---|
119 | 119 | | 92for other medical conditions. |
---|
120 | 120 | | 93 Nothing in this section shall require coverage for: 6 of 7 |
---|
121 | 121 | | 94 (i) educational or correctional services or sheltered living provided by a school or |
---|
122 | 122 | | 95halfway house; |
---|
123 | 123 | | 96 (ii) a long-term residential mental health program that lasts longer than 45 days; |
---|
124 | 124 | | 97 (iii) psychoanalysis or psychotherapy received as part of an educational or training |
---|
125 | 125 | | 98program, regardless of diagnosis or symptoms that may be present; |
---|
126 | 126 | | 99 (iv) a court-ordered sex offender treatment program. |
---|
127 | 127 | | 100 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after |
---|
128 | 128 | | 101section 4MM the following section:- |
---|
129 | 129 | | 102 Section 4NN. Any individual or group health maintenance contract that is issued or |
---|
130 | 130 | | 103renewed within or without the commonwealth shall provide coverage for expenses arising from |
---|
131 | 131 | | 104treatment for chemical dependency, including alcoholism, and for mental or nervous conditions |
---|
132 | 132 | | 105at the same level as, and subject to limitations no more restrictive than, those imposed on |
---|
133 | 133 | | 106coverage or reimbursement of expenses arising from treatment for other medical conditions. |
---|
134 | 134 | | 107 The coverage shall not be subject to treatment limitations, limits on total payments for |
---|
135 | 135 | | 108treatment, limits on duration of treatment or financial requirements unless similar limitations or |
---|
136 | 136 | | 109requirements are imposed on coverage of other medical conditions. The coverage of eligible |
---|
137 | 137 | | 110expenses may be limited to treatment that is medically necessary as determined under the policy |
---|
138 | 138 | | 111for other medical conditions. |
---|
139 | 139 | | 112 Nothing in this section shall require coverage for: |
---|
140 | 140 | | 113 (i) educational or correctional services or sheltered living provided by a school or |
---|
141 | 141 | | 114halfway house; 7 of 7 |
---|
142 | 142 | | 115 (ii) a long-term residential mental health program that lasts longer than 45 days; |
---|
143 | 143 | | 116 (iii) psychoanalysis or psychotherapy received as part of an educational or training |
---|
144 | 144 | | 117program, regardless of diagnosis or symptoms that may be present; |
---|
145 | 145 | | 118 (iv) a court-ordered sex offender treatment program. |
---|