1 of 1
HOUSE DOCKET, NO. 3168 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1108
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
James J. O'Day and Michael P. Kushmerek
_________________
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 community behavioral health centers.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/19/2023Michael P. Kushmerek3rd Worcester1/20/2023Daniel M. Donahue16th Worcester1/30/2023Jessica Ann Giannino16th Suffolk1/30/2023Joseph D. McKenna18th Worcester2/10/2023 1 of 5
HOUSE DOCKET, NO. 3168 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1108
By Representatives O'Day of West Boylston and Kushmerek of Fitchburg, a petition
(accompanied by bill, House, No. 1108) of James J. O'Day, Michael P. Kushmerek and others
relative to healthcare coverage for medically necessary behavioral health bundled services
delivered through community behavioral health centers. Financial Services.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to community behavioral health centers.
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, as appearing in the 2020 official edition,
2is hereby amended by inserting after section 30 the following new section:-
3 Section 31. (a) For the purposes of this section, the following words shall have the
4following meanings:
5 “Behavioral health bundled services”, services delivered by a community behavioral
6health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the
7evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with
8mental health, developmental or substance use disorder, provided that services are reimbursed
9through a flat rate per encounter.
10 “Community Behavioral Health Centers”, a clinic licensed by the department of public
11health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00. 2 of 5
12 (b) Any health plan offered by the commission shall provide to an active or retired
13employee of the commonwealth who is insured under the group insurance commission benefits
14on a nondiscriminatory basis for medically necessary behavioral health bundled services
15delivered through community behavioral health centers.
16 SECTION 2. Chapter 175 of the general laws, as appearing in the 2020 official edition, is
17hereby amended by inserting after section 47PP the following new section:-
18 Section 47QQ. (a) For the purposes of this section, the following words shall have the
19following meanings:
20 “Behavioral health bundled services”, services delivered by a community behavioral
21health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the
22evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with
23mental health, developmental or substance use disorder, provided that services are reimbursed
24through a flat rate per encounter.
25 “Community Behavioral Health Centers”, a clinic licensed by the department of public
26health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
27 (b) Any individual policy of accident and sickness insurance issued pursuant to section
28108, which provides hospital expense and surgical expense insurance, and a group blanket or
29general policy of accident and sickness insurance issued pursuant to section 110, which provides
30hospital expense and surgical expense insurance, which is issued or renewed within or without
31the commonwealth, shall provide benefits on a nondiscriminatory basis for medically necessary
32behavioral health bundled services delivered through community behavioral health centers. 3 of 5
33 SECTION 3. Chapter 176A of the general laws, as appearing in the 2020 official edition,
34is hereby amended by inserting after section 38 the following new section:-
35 Section 39. (a) For the purposes of this section, the following words shall have the
36following meanings:
37 “Behavioral health bundled services”, services delivered by a community behavioral
38health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the
39evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with
40mental health,
41 developmental or substance use disorder, provided that services are reimbursed through a
42flat rate per encounter.
43 “Community Behavioral Health Centers”, a clinic licensed by the department of public
44health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
45 (b) Any contract between a subscriber and the corporation under an individual or group
46hospital service plan which is issued or renewed within or without the commonwealth shall
47provide benefits on a nondiscriminatory basis for medically necessary behavioral health bundled
48services delivered through community behavioral health centers.
49 SECTION 4. Chapter 176B of the general laws, as appearing in the 2020 official edition,
50is hereby amended by inserting after section 25 the following new section:-
51 Section 26. (a) For the purposes of this section, the following words shall have the
52following meanings: 4 of 5
53 “Behavioral health bundled services”, services delivered by a community behavioral
54health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the
55evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with
56mental health, developmental or substance use disorder, provided that services are reimbursed
57through a flat rate per encounter.
58 “Community Behavioral Health Centers”, a clinic licensed by the department of public
59health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
60 (b) Any subscription certificate under an individual or group medical service agreement
61which is issued or renewed within or without the commonwealth shall provide benefits on a
62nondiscriminatory basis for medically necessary behavioral health bundled services delivered
63through community behavioral health centers.
64 SECTION 5. Chapter 176G of the general laws, as appearing in the 2020 official edition,
65is hereby amended by inserting after section the following new section 33:-
66 Section 34. (a) For the purposes of this section, the following words shall have the
67following meanings:
68 “Behavioral health bundled services”, services delivered by a community behavioral
69health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the
70evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with
71mental health, developmental or substance use disorder, provided that services are reimbursed
72through a flat rate per encounter. 5 of 5
73 “Community Behavioral Health Centers”, a clinic licensed by the department of public
74health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
75 (b) Any health maintenance contract issued or renewed within or without the
76commonwealth shall provide benefits on a nondiscriminatory basis for medically necessary
77behavioral health bundled services delivered through community behavioral health centers.