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