Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H991 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 3060       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 991
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
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 reimbursement for recovery peer specialists.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/20/2023 1 of 7
HOUSE DOCKET, NO. 3060       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 991
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 991) of 
Marjorie C. Decker relative to reimbursement for recovery peer specialists. Financial Services.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to reimbursement for recovery peer specialists.
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 
2Edition, is hereby amended by adding the following new section:-
3 Section 31. (a) The commission shall provide to any active or retired employee of the 
4commonwealth who is insured under the group insurance commission coverage for the provision 
5of behavioral health or substance use disorder services provided by peer support specialists, 
6including but not limited to, peer recovery coaches and recovery support navigators, regardless 
7of the setting these services are provided in. This coverage shall include coverage of peer 
8recovery coaches and recovery support navigators who are employed by health care facilities and 
9who only provide recovery coach or recovery support navigator services for patients while the 
10patient is being treated in an emergency department, acute care hospital, freestanding psychiatric 
11hospital, or substance use disorder facility. The commission shall include reimbursement for the 
12provision of said services via telemedicine, electronic or telephonic consultation. The contractual 
13rate for these services may be no less than the prevailing MassHealth rate for peer recovery  2 of 7
14coach services or recovery support navigator services. The benefits in this section shall not be 
15subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support 
16specialist services, including peer recovery coach services and recovery support navigator 
17services shall be deemed medically necessary and shall not require prior authorization.
18 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official 
19Edition, is hereby amended by adding the following new section:-
20 Section 83. (a) The division and its contracted health insurers, health plans, health 
21maintenance organizations, behavioral health management firms and third-party administrators 
22under contract to a Medicaid managed care organization, accountable care organization, or 
23primary care clinician plan shall provide coverage for the provision of behavioral health or 
24substance use disorder services provided by peer support specialists, including but not limited to, 
25peer recovery coaches, and recovery support navigators, regardless of the setting these services 
26are provided in. This coverage shall include coverage of peer recovery coaches and recovery 
27support navigators who are employed by health care facilities and who only provide recovery 
28coach or recovery support navigator services for patients while the patient is being treated in an 
29emergency department, acute care hospital, freestanding psychiatric hospital, or substance use 
30disorder facility. The division and its contracted health insurers, health plans, health maintenance 
31organizations, behavioral health management firms and third-party administrators shall include 
32reimbursement for the provision of said services via telemedicine, electronic or telephonic 
33consultation. The benefits in this section shall not be subject to any deductible, coinsurance, 
34copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery 
35coach services and recovery support navigator services shall be deemed medically necessary and 
36shall not require prior authorization by an insurer. 3 of 7
37 SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by 
38inserting after section 4TT the following new section:-
39 Section 47UU. (a) Any policy, contract, agreement, plan or certificate of insurance 
40issued, delivered or renewed within the commonwealth, which is considered creditable coverage 
41under section 1 of chapter 118M, shall provide coverage for the provision of behavioral health or 
42substance use disorder services provided by peer support specialists, including but not limited to, 
43peer recovery coaches and recovery support navigators, regardless of the setting these services 
44are provided in. This coverage shall include coverage of peer recovery coaches and recovery 
45support navigators who are employed by health care facilities and who only provide recovery 
46coach or recovery support navigator services for patients while the patient is being treated in an 
47emergency department, acute care hospital, freestanding psychiatric hospital, or substance use 
48disorder facility. The policy, contract, agreement, plan or certificate of insurance shall include 
49reimbursement for the provision of said services via telemedicine, electronic or telephonic 
50consultation. The contractual rate for these services may be no less than the prevailing 
51MassHealth rate for peer recovery coach services or recovery support navigator services. The 
52benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-
53pocket limits. Peer support specialist services, including peer recovery coach services and 
54recovery support navigator services shall be deemed medically necessary and shall not require 
55prior authorization
56 SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by 
57inserting after section 8UU the following new section:- 4 of 7
58 Section 8VV. (a) Any contract between a subscriber and the corporation under an 
59individual or group hospital service plan that is delivered, issued, or renewed within the 
60commonwealth shall provide coverage for the provision of behavioral health or substance use 
61disorder services provided by peer support specialists, including but not limited to, peer recovery 
62coaches and recovery support navigators, regardless of the setting these services are provided in. 
63This coverage shall include coverage of peer recovery coaches and recovery support navigators 
64who are employed by health care facilities and who only provide recovery coach or recovery 
65support navigator services for patients while the patient is being treated in an emergency 
66department, acute care hospital, freestanding psychiatric hospital, or substance use disorder 
67facility. The contract shall include reimbursement for the provision of said services via 
68telemedicine, electronic or telephonic consultation. The contractual rate for these services may 
69be no less than the prevailing MassHealth rate for peer recovery coach services or recovery 
70support navigator services. The benefits in this section shall not be subject to any deductible, 
71coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer 
72recovery coach services and recovery support navigator services shall be deemed medically 
73necessary and shall not require prior authorization.
74 SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by 
75adding the following new section after section 4UU:
76 Section 4VV. (a) Any subscription certificate 	under an individual or group medical 
77service agreement delivered, issued, or renewed within the commonwealth shall provide 
78coverage for the provision of behavioral health or substance use disorder services provided by 
79peer support specialists, including but not limited to, peer recovery coaches and recovery support 
80navigators, regardless of the setting these services are provided in. This coverage shall include  5 of 7
81coverage of peer recovery coaches and recovery support navigators who are employed by health 
82care facilities and who only provide recovery coach or recovery support navigator services for 
83patients while the patient is being treated in an emergency department, acute care hospital, 
84freestanding psychiatric hospital, or substance use disorder facility. The subscription certificate 
85shall include reimbursement for the provision of said services via telemedicine, electronic or 
86telephonic consultation. The contractual rate for these services may be no less than the prevailing 
87MassHealth rate for peer recovery coach services or recovery support navigator services. The 
88benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-
89pocket limits. Peer support specialist services, including peer recovery coach services and 
90recovery support navigator services shall be deemed medically necessary and shall not require 
91prior authorization.
92 SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by 
93inserting after section 4MM the following new section:-
94 Section 4NN. (a) An individual or group health maintenance contract that is issued or 
95renewed within or without 	the commonwealth shall provide coverage for the provision of 
96behavioral health or substance use disorder services provided by peer support specialists, 
97including but not limited to, peer recovery coaches and recovery support navigators, regardless 
98of the setting these services are provided in. This coverage shall include coverage of peer 
99recovery coaches and recovery support navigators who are employed by health care facilities and 
100who only provide recovery coach or recovery support navigator services for patients while the 
101patient is being treated in an emergency department, acute care hospital, freestanding psychiatric 
102hospital, or substance use disorder facility. The individual or group health maintenance contract 
103shall include reimbursement for the provision of said services via telemedicine, electronic or  6 of 7
104telephonic consultation. The contractual rate for these services may be no less than the prevailing 
105MassHealth rate for peer recovery coach services or recovery support navigator services. The 
106benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-
107pocket limits. Peer support specialist services, including peer recovery coach services and 
108recovery support navigator services shall be deemed medically necessary and shall not require 
109prior authorization.
110 SECTION 7. Notwithstanding any general or special law to the contrary, the division of 
111insurance, in consultation with the division of medical assistance, shall promulgate regulations or 
112issue sub-regulatory guidance to require carriers reimburse acute care hospitals and clinics 
113licensed under chapter 111 of the General laws, for the provision of behavioral health or 
114substance use disorder services provided by peer support specialists, including but not limited to, 
115peer recovery coaches and recovery support navigators. The regulations or sub-regulatory 
116guidance shall include reimbursement for the provision of said services via telemedicine, 
117electronic or telephonic consultation.
118 SECTION 8. Notwithstanding any general or special law to the contrary, the bureau of 
119substance addiction services within the department of public health shall conduct a 
120comprehensive report addressing barriers to certification, credentialing, and other employment 
121and practice requirements of peer recovery specialists, including peer recovery coaches and 
122recovery support navigators. The report shall include, but not be limited to, (i) cost barriers for 
123individuals with lived experience, including but not limited to, application and examination fees 
124for initial certification and credentialing, (ii) cost barriers to certification and credentialing 
125renewals, (iii) cost and reimbursement barriers for hospitals and clinics licensed under chapter 
126111 to hire, train, and retain peer recovery coaches and peer support navigators, (iv) eligibility  7 of 7
127requirements for certification and credentialing, and (v) access to training programs and 
128resources. The report shall also include recommendations to address said barriers. The 
129department shall submit a copy of the report to the executive office of health and human 
130services, the clerks of the senate and house of representatives, and the joint committee on mental 
131health, substance use, and recovery within 90 days of the effective date of this act.
132 SECTION 9. Notwithstanding any general or special law to the contrary, the bureau of 
133substance addiction services within the department of public health shall establish or arrange for 
134a comprehensive peer support program to provide mentorship, technical assistance, and support 
135resources for the wellbeing of peer support specialists, including, but not limited to, peer 
136recovery coaches and recovery support navigators. The program shall include, but not be limited 
137to, a network for peer-to-peer trainings, education, mentorship, counseling and support; 
138educational and other clinical support materials; technical assistance for certification, 
139credentialing, and other employment and practice requirements; and billing technical assistance 
140for organizations that employ peer support specialists, including peer recovery coaches and 
141recovery support navigators.