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