1 of 1 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.