Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S618 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 440 FILED ON: 1/15/2023
3	3	SENATE . . . . . . . . . . . . . . No. 618
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 telehealth parity for nutrition counseling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 6
16	16	SENATE DOCKET, NO. 440 FILED ON: 1/15/2023
17	17	SENATE . . . . . . . . . . . . . . No. 618
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 618) of Julian Cyr for legislation
19	19	relative to telehealth parity for nutrition counseling. Financial Services.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to telehealth parity for nutrition counseling.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of
29	29	2chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
30	30	3“behavioral health services” the following definition:-
31	31	4 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
32	32	5therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
33	33	6nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
34	34	7 SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by
35	35	8section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection
36	36	9(g) and inserting in place thereof the following subsection:-
37	37	10 (g) The commission shall ensure that the rate of payment for in-network providers of
38	38	11behavioral health services and in-network providers of nutrition counseling delivered via
39	39	12interactive audio-video technology and audio-only telephone shall be no less than the rate of 2 of 6
40	40	13payment for the same service delivered via in-person methods; provided, that this subsection
41	41	14shall apply to providers of behavioral health services and nutrition counseling covered as
42	42	15required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of
43	43	16chapter 176O.
44	44	17 SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40
45	45	18of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
46	46	19“behavioral health services” the following definition:-
47	47	20 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
48	48	21therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
49	49	22nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
50	50	23 SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by
51	51	24section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
52	52	25subsection (g) and inserting in place thereof the following subsection:-
53	53	26 (g) The division shall ensure that the rate of payment for in-network providers of
54	54	27behavioral health services and in-network providers of nutrition counseling delivered via
55	55	28interactive audio-video technology and audio-only telephone shall be no less than the rate of
56	56	29payment for the same service delivered via in-person methods; provided, that this subsection
57	57	30shall apply to providers of behavioral health services and providers of nutrition counseling
58	58	31covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of
59	59	32section 6 of chapter 176O. 3 of 6
60	60	33 SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as
61	61	34inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting after
62	62	35the definition for “behavioral health services” the following definition:-
63	63	36 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
64	64	37therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
65	65	38nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
66	66	39 SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by
67	67	40section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
68	68	41subsection (g) and inserting in place thereof the following subsection:-
69	69	42 (g) Insurance companies organized under this chapter shall ensure that the rate of
70	70	43payment for in-network providers of behavioral health services and in-network providers of
71	71	44nutrition counseling delivered via interactive audio-video technology and audio-only telephone
72	72	45shall be no less than the rate of payment for the same service delivered via in-person methods;
73	73	46provided, that this subsection shall apply to providers of behavioral health services and providers
74	74	47of nutrition counseling covered as required under subclause (i) of clause (4) of the second
75	75	48sentence of subsection (a) of section 6 of chapter 176O.
76	76	49 SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49
77	77	50of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
78	78	51“behavioral health services” the following definition:-
79	79	52 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
80	80	53therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
81	81	54nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws. 4 of 6
82	82	55 SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by
83	83	56section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
84	84	57subsection (g) and inserting in place thereof the following subsection:-
85	85	58 (g) Hospital service corporations shall ensure that the rate of payment for in-network
86	86	59providers of behavioral health services and in-network providers of nutrition counseling
87	87	60delivered via interactive audio-video technology and audio-only telephone shall be no less than
88	88	61the rate of payment for the same service delivered via in-person methods; provided, that this
89	89	62subsection shall apply to providers of behavioral health services and providers of nutrition
90	90	63counseling covered as required under subclause (i) of clause (4) of the second sentence of
91	91	64subsection (a) of section 6 of chapter 176O.
92	92	65 SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51
93	93	66of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
94	94	67“behavioral health services” the following definition:-
95	95	68 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
96	96	69therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
97	97	70nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
98	98	71 SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by
99	99	72section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
100	100	73subsection (g) and inserting in place thereof the following subsection:-
101	101	74 (g) Medical service corporations shall ensure that the rate of payment for in-network
102	102	75providers of behavioral health services and in-network providers of nutrition counseling
103	103	76delivered via interactive audio-video technology and audio-only telephone shall be no less than 5 of 6
104	104	77the rate of payment for the same service delivered via in-person methods; provided, that this
105	105	78subsection shall apply to providers of behavioral health services and providers of nutrition
106	106	79counseling covered as required under subclause (i) of clause (4) of the second sentence of
107	107	80subsection (a) of section 6 of chapter 176O.
108	108	81 SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51
109	109	82of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
110	110	83“behavioral health services” the following definition:-
111	111	84 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
112	112	85therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
113	113	86nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
114	114	87 SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by
115	115	88section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
116	116	89subsection (g) and inserting in place thereof the following subsection:-
117	117	90 (g) Health maintenance organizations shall ensure that the rate of payment for in-
118	118	91network providers of behavioral health services and in-network providers of nutrition counseling
119	119	92delivered via interactive audio-video technology and audio-only telephone shall be no less than
120	120	93the rate of payment for the same service delivered via in-person methods; provided, that this
121	121	94subsection shall apply to providers of behavioral health services and providers of nutrition
122	122	95counseling covered as required under subclause (i) of clause (4) of the second sentence of
123	123	96subsection (a) of section 6 of chapter 176O. 6 of 6
124	124	97 SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51
125	125	98of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
126	126	99“behavioral health services” the following definition:-
127	127	100 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
128	128	101therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
129	129	102nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
130	130	103 SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section
131	131	10440 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g)
132	132	105and inserting in place thereof the following subsection:-
133	133	106 (g) Organizations shall ensure that the rate of payment for in-network providers of
134	134	107behavioral health services and in-network providers of nutrition counseling delivered via
135	135	108interactive audio-video technology and audio-only telephone shall be no less than the rate of
136	136	109payment for the same service delivered via in-person methods; provided, that this subsection
137	137	110shall apply to providers of behavioral health services and providers of nutrition counseling
138	138	111covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of
139	139	112section 6 of chapter 176O.