Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1120 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 101 FILED ON: 1/9/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1120
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Smitty Pignatelli
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 the practice of acupuncture.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Smitty Pignatelli3rd Berkshire1/9/2023John Barrett, III1st Berkshire1/17/2023Christopher Hendricks11th Bristol1/19/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Brian W. Murray10th Worcester1/25/2023Josh S. Cutler6th Plymouth1/26/2023Brian M. Ashe2nd Hampden1/30/2023Carlos González10th Hampden2/2/2023Carol A. Doherty3rd Bristol2/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Natalie M. Higgins4th Worcester2/22/2023 1 of 5
16	16	HOUSE DOCKET, NO. 101 FILED ON: 1/9/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1120
18	18	By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 1120) of
19	19	Smitty Pignatelli and others relative to the practice and insurance coverage of acupuncture.
20	20	Financial Services.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the practice of acupuncture.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 111 of the general laws, as amended by chapter 47 of the acts of
30	30	22017, is hereby amended by adding the following section:-
31	31	3 Section 238. There shall be a commission on acupuncture and wellness within the
32	32	4department. The commission shall consist of: the commissioner of public health or the
33	33	5commissioner’s designee, who shall chair the commission; the commissioner of insurance or the
34	34	6commissioner’s designee; the director of MassHealth or the director’s designee; the director of
35	35	7the board of registration in medicine or the director’s designee; the senate chair of the joint
36	36	8committee on public health; the house chair of the joint committee on public health; a member
37	37	9representing a statewide organization of licensed acupuncturists; a member representing a
38	38	10statewide organization of medical acupuncturists; a member representing the Massachusetts
39	39	11Public Health Association; and 5 members to be selected by the Governor including: no fewer
40	40	12than 2 acupuncturists, licensed and practicing in the state of Massachusetts; a member 2 of 5
41	41	13representing one of the top five health insurance companies in Massachusetts according to
42	42	14market share, a member representing a health care consumer organization, and a member
43	43	15currently practicing as a licensed physician in Massachusetts.
44	44	16 The commission on acupuncture and wellness shall make an investigation and
45	45	17comprehensive study of the potential for better integrated use of acupuncture services to expand
46	46	18access, reduce health care costs, and provide improved quality of care to Massachusetts
47	47	19residents. The commission shall:
48	48	20 (1) Consider strategies to evaluate and implement effective integration of acupuncture
49	49	21services in health care delivery in Massachusetts with specific focus on interventions in pain
50	50	22management, substance abuse treatment, and wellness promotion.
51	51	23 (2) Consider strategies to effectively integrate acupuncture treatment modalities into
52	52	24alternative payment models, including, but not limited to, accountable care organizations,
53	53	25workplace wellness programs and provider organizations established under chapter 224 of the
54	54	26acts of 2012.
55	55	27 (3) Consider strategies regarding reimbursement of licensed acupuncturists via third party
56	56	28payors or otherwise to facilitate a stable and sustainable integration of acupuncture services into
57	57	29the broader system of health care delivery.
58	58	30 The commission on acupuncture and wellness shall submit to the secretary of health and
59	59	31human services and the joint committee public health, six months after the effective date of this
60	60	32act and annually thereafter, a report that includes findings from the commission’s review along
61	61	33with recommendations and any suggested legislation to implement those recommendations. 3 of 5
62	62	34 SECTION 2. Chapter 175 of the general laws, as so appearing in the 2016 official
63	63	35edition, is hereby amended by inserting after section 47II, the following section:-
64	64	36 Section 47JJ. (a) All individual or group accident and health insurance policies and health
65	65	37service contracts delivered, issued or renewed by an insurer or nonprofit health service
66	66	38corporation which provide benefits to individual subscribers and members within the
67	67	39commonwealth or to all group members having a principal place of employment within the
68	68	40commonwealth shall provide benefits for acupuncture and oriental medicine based diagnosis and
69	69	41treatment in the areas of pain management, post-traumatic stress disorder, substance abuse
70	70	42treatment, and nausea.
71	71	43 SECTION 3. Said chapter 175 is hereby further amended by inserting after section 205
72	72	44the following section:-
73	73	45 Section 205A. (a) The commissioner shall not approve a policy under section 205 that
74	74	46does not provide benefits for acupuncture and oriental medicine based diagnosis and treatment in
75	75	47the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and
76	76	48nausea.
77	77	49 SECTION 4. Chapter 176A of the general laws, as so appearing in the 2016 official
78	78	50edition, is hereby amended by inserting after section 8KK, the following section:-
79	79	51 Section 8LL. (a) Any contract between a subscriber and the corporation under an
80	80	52individual or group hospital service plan delivered, issued or renewed in the commonwealth shall
81	81	53provide as benefits to all individual subscribers and members within the commonwealth and to
82	82	54all group members having a principal place of employment within the commonwealth 4 of 5
83	83	55acupuncture and oriental medicine based diagnosis and treatment in the areas of pain
84	84	56management, post-traumatic stress disorder, substance abuse treatment, and nausea.
85	85	57 SECTION 5. Chapter 176B of the general laws, as so appearing in the 2016 official
86	86	58edition, is hereby amended by inserting after section 4KK, the following section:-
87	87	59 Section 4LL. (a) Any subscription certificate under an individual or group medical
88	88	60service agreement delivered, issued or renewed in the commonwealth shall provide benefits to all
89	89	61individual subscribers and members within the commonwealth and to all group members having
90	90	62a principal place of employment within the commonwealth for acupuncture and oriental
91	91	63medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress
92	92	64disorder, substance abuse treatment, and nausea.
93	93	65 SECTION 6. Chapter 176G of the general laws, as so appearing in the 2016 official
94	94	66edition, is hereby amended by inserting after section 4CC, the following section:-
95	95	67 Section 4DD. (a) Any group health maintenance contract shall provide coverage for
96	96	68acupuncture and oriental medicine-based diagnosis and treatment in the areas of pain
97	97	69management, post-traumatic stress disorder, substance abuse treatment, and nausea.
98	98	70 SECTION 7. Chapter 32A of the general laws, as so appearing in the 2016 official
99	99	71edition, is hereby amended by inserting after Section 17O, the following section:-
100	100	72 Section 17P. The commission shall provide to an active or retired employee of the
101	101	73commonwealth who is insured under the group insurance commission coverage for acupuncture
102	102	74and oriental medicine-based diagnosis and treatment in the areas of pain management, post-
103	103	75traumatic stress disorder, substance abuse treatment, and nausea. 5 of 5
104	104	76 SECTION 8. Notwithstanding any general or special law to the contrary, no third-party
105	105	77payer of health care services shall differentiate reimbursement rates for acupuncture services by
106	106	78provider type. Only licensed acupuncturists or medical doctors shall be reimbursed for
107	107	79acupuncture services.