Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S722 Compare Versions

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22 SENATE DOCKET, NO. 961 FILED ON: 1/18/2023
33 SENATE . . . . . . . . . . . . . . No. 722
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John C. Velis
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the practice of acupuncture.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 5
1616 SENATE DOCKET, NO. 961 FILED ON: 1/18/2023
1717 SENATE . . . . . . . . . . . . . . No. 722
1818 By Mr. Velis, a petition (accompanied by bill, Senate, No. 722) of John C. Velis for legislation
1919 relative to the practice of acupuncture. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 1458 OF 2021-2022.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to the practice of acupuncture.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Chapter 111 of the general laws, as amended by chapter 47 of the acts of
3131 22017, is hereby amended by adding the following section:-
3232 3 Section 238. There shall be a commission on acupuncture and wellness within the
3333 4department. The commission shall consist of: the commissioner of public health or the
3434 5commissioner’s designee, who shall chair the commission; the commissioner of insurance or the
3535 6commissioner’s designee; the director of MassHealth or the director’s designee; the director of
3636 7the board of registration in medicine or the director’s designee; the senate chair of the joint
3737 8committee on public health; the house chair of the joint committee on public health; a member
3838 9representing a statewide organization of licensed acupuncturists; a member representing a
3939 10statewide organization of medical acupuncturists; a member representing the Massachusetts 2 of 5
4040 11Public Health Association; and 5 members to be selected by the Governor including: no fewer
4141 12than 2 acupuncturists, licensed and practicing in the state of Massachusetts; a member
4242 13representing one of the top five health insurance companies in Massachusetts according to
4343 14market share, a member representing a health care consumer organization, and a member
4444 15currently practicing as a licensed physician in Massachusetts.
4545 16 The commission on acupuncture and wellness shall make an investigation and
4646 17comprehensive study of the potential for better integrated use of acupuncture services to expand
4747 18access, reduce health care costs, and provide improved quality of care to Massachusetts
4848 19residents. The commission shall:
4949 20 (1) Consider strategies to evaluate and implement effective integration of acupuncture
5050 21services in health care delivery in Massachusetts with specific focus on interventions in pain
5151 22management, substance abuse treatment, and wellness promotion.
5252 23 (2) Consider strategies to effectively integrate acupuncture treatment modalities into
5353 24alternative payment models, including, but not limited to, accountable care organizations,
5454 25workplace wellness programs and provider organizations established under chapter 224 of the
5555 26acts of 2012.
5656 27 (3) Consider strategies regarding reimbursement of licensed acupuncturists via third party
5757 28payors or otherwise to facilitate a stable and sustainable integration of acupuncture services into
5858 29the broader system of health care delivery.
5959 30 The commission on acupuncture and wellness shall submit to the secretary of health and
6060 31human services and the joint committee public health, six months after the effective date of this 3 of 5
6161 32act and annually thereafter, a report that includes findings from the commission’s review along
6262 33with recommendations and any suggested legislation to implement those recommendations.
6363 34 SECTION 2. Chapter 175 of the general laws, as so appearing in the 2022 official
6464 35edition, is hereby amended by inserting after section 47II, the following section:-
6565 36 Section 47JJ. (a) All individual or group accident and health insurance policies and health
6666 37service contracts delivered, issued or renewed by an insurer or nonprofit health service
6767 38corporation which provide benefits to individual subscribers and members within the
6868 39commonwealth or to all group members having a principal place of employment within the
6969 40commonwealth shall provide benefits for acupuncture and oriental medicine based diagnosis and
7070 41treatment in the areas of pain management, post-traumatic stress disorder, substance abuse
7171 42treatment, and nausea.
7272 43 SECTION 3. Said chapter 175 is hereby further amended by inserting after section 205
7373 44the following section:-
7474 45 Section 205A. (a) The commissioner shall not approve a policy under section 205 that
7575 46does not provide benefits for acupuncture and oriental medicine based diagnosis and treatment in
7676 47the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and
7777 48nausea.
7878 49 SECTION 4. Chapter 176A of the general laws, as so appearing in the 2022 official
7979 50edition, is hereby amended by inserting after section 8KK, the following section:-
8080 51 Section 8NN. (a) Any contract between a subscriber and the corporation under an
8181 52individual or group hospital service plan delivered, issued or renewed in the commonwealth shall 4 of 5
8282 53provide as benefits to all individual subscribers and members within the commonwealth and to
8383 54all group members having a principal place of employment within the commonwealth
8484 55acupuncture and oriental medicine based diagnosis and treatment in the areas of pain
8585 56management, post-traumatic stress disorder, substance abuse treatment, and nausea.
8686 57 SECTION 5. Chapter 176B of the general laws, as so appearing in the 2022 official
8787 58edition, is hereby amended by inserting after section 4KK, the following section:-
8888 59 Section 4NN. (a) Any subscription certificate under an individual or group medical
8989 60service agreement delivered, issued or renewed in the commonwealth shall provide benefits to all
9090 61individual subscribers and members within the commonwealth and to all group members having
9191 62a principal place of employment within the commonwealth for acupuncture and oriental
9292 63medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress
9393 64disorder, substance abuse treatment, and nausea.
9494 65 SECTION 6. Chapter 176G of the general laws, as so appearing in the 2022 official
9595 66edition, is hereby amended by inserting after section 4CC, the following section:-
9696 67 Section 4DD. (a) Any group health maintenance contract shall provide coverage for
9797 68acupuncture and oriental medicine based diagnosis and treatment in the areas of pain
9898 69management, post-traumatic stress disorder, substance abuse treatment, and nausea.
9999 70 SECTION 7. Chapter 32A of the general laws, as so appearing in the 2022 official
100100 71edition, is hereby amended by inserting after Section 17O, the following section:-
101101 72 Section 17R. The commission shall provide to an active or retired employee of the
102102 73commonwealth who is insured under the group insurance commission coverage for acupuncture 5 of 5
103103 74and oriental medicine based diagnosis and treatment in the areas of pain management, post-
104104 75traumatic stress disorder, substance abuse treatment, and nausea.
105105 76 SECTION 8. Notwithstanding any general or special law to the contrary, no third party
106106 77payer of health care services shall differentiate reimbursement rates for acupuncture services by
107107 78provider type. Only licensed acupuncturists or medical doctors shall be reimbursed for
108108 79acupuncture services.