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