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2 | 2 | | HOUSE DOCKET, NO. 817 FILED ON: 1/17/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1221 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | David Paul Linsky |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act ensuring protections for physicians and hospitals that contract with Medicaid managed |
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13 | 13 | | care organizations. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/17/2023 1 of 2 |
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17 | 17 | | HOUSE DOCKET, NO. 817 FILED ON: 1/17/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1221 |
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19 | 19 | | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1221) of David |
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20 | 20 | | Paul Linsky relative to physicians and hospitals that contract with Medicaid managed care |
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21 | 21 | | organizations. Health Care Financing. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 1289 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act ensuring protections for physicians and hospitals that contract with Medicaid managed |
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30 | 30 | | care organizations. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Section 12 of Chapter 118E of the General Laws, is hereby amended by |
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34 | 34 | | 2inserting after the last paragraph the following paragraph:- |
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35 | 35 | | 3 Reimbursement from managed care organizations that contract with the executive office |
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36 | 36 | | 4for hospital and physician services provided to beneficiaries under this chapter shall be subject to |
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37 | 37 | | 5negotiation between providers of medical services and managed care organizations and shall not |
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38 | 38 | | 6be limited or determined through contracts between the executive office and managed care |
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39 | 39 | | 7organizations, including accountable care organizations and dual-eligible health plans. 2 of 2 |
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40 | 40 | | 8 SECTION 2. The last sentence of the first paragraph of Section 13E1/2 of Chapter 118E |
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41 | 41 | | 9of the General Laws, is hereby amended by inserting after the word “services” the following |
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42 | 42 | | 10words:- |
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43 | 43 | | 11 provided further, that acute hospital and non-acute hospital reimbursement from managed |
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44 | 44 | | 12care organizations that contract with the executive office shall for health services provided to |
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45 | 45 | | 13beneficiaries under this chapter be subject to negotiation between those hospitals and managed |
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46 | 46 | | 14care organizations and shall not be limited or determined through contracts between the |
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47 | 47 | | 15executive office and managed care organizations, including accountable care organizations and |
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48 | 48 | | 16dual-eligible health plans. |
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49 | 49 | | 17 SECTION 3. Section 13F of Chapter 118E of the General Laws, is hereby amended by |
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50 | 50 | | 18inserting after subsection c the following subsection:- |
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51 | 51 | | 19 (d) the executive office shall not, in its contracts with acute hospitals and non-acute |
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52 | 52 | | 20hospitals or through any other rule or regulation, require hospitals to accept fee-for-service rates |
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53 | 53 | | 21established by the office of Medicaid for non-emergency services provided to beneficiaries |
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54 | 54 | | 22enrolled in managed care organizations including for accountable care organizations and dual- |
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55 | 55 | | 23eligible health plans. The office may require hospitals that are not in a managed care |
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56 | 56 | | 24organization’s provider network to accept fee-for-service rates established by the office for |
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57 | 57 | | 25emergency services only. |
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