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| 2 | 2 | | SENATE DOCKET, NO. 1932 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 759 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | John F. Keenan |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act requiring equitable access to behavioral health services for MassHealth consumers. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and Plymouth 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 1932 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 759 |
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| 18 | 18 | | By Mr. Keenan, a petition (accompanied by bill, Senate, No. 759) of John F. Keenan for |
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| 19 | 19 | | legislation to provide equitable access to behavorial health for MassHealth consumers. Health |
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| 20 | 20 | | Care Financing. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 776 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act requiring equitable access to behavioral health services for MassHealth consumers. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 12 of chapter 118E of the General Laws, as appearing in the 2020 |
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| 32 | 32 | | 2Official Edition, is hereby amended by inserting after the ninth paragraph the following |
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| 33 | 33 | | 3paragraphs:- |
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| 34 | 34 | | 4 The division shall certify and ensure that all contracted accountable care organizations, |
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| 35 | 35 | | 5contracted health insurers, health plans, health maintenance organizations, and behavioral health |
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| 36 | 36 | | 6management firms and third party administrators under contract to a Medicaid managed care |
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| 37 | 37 | | 7organization or primary care clinician plan provide equal access to behavioral health services, |
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| 38 | 38 | | 8benefits and medications of comparable quality in providing medical assistance to recipients. 2 of 2 |
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| 39 | 39 | | 9 The division shall obtain the approval of the secretary of the executive office of health |
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| 40 | 40 | | 10and human services for all behavioral health services, benefits, and medications, including, but |
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| 41 | 41 | | 11not limited to, policies, protocols, standards, contract specifications, utilization review and |
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| 42 | 42 | | 12utilization management criteria and outcome measurements, used by all contracted accountable |
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| 43 | 43 | | 13care organizations, contracted insurers, health plans, health maintenance organizations, |
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| 44 | 44 | | 14behavioral health management firms and third party administrators under contract to a Medicaid |
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| 45 | 45 | | 15managed care organization or primary care clinician plan. |
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| 46 | 46 | | 16 Notwithstanding the provision of any general or special law to the contrary, all contracted |
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| 47 | 47 | | 17accountable care organizations, contracted health insurers, health plans, health maintenance |
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| 48 | 48 | | 18organizations and behavioral health management firms and third-party administrators under |
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| 49 | 49 | | 19contract to a Medicaid managed care clinician plan shall submit its method of determining |
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| 50 | 50 | | 20reimbursement levels to all network inpatient mental health and substance use providers and how |
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| 51 | 51 | | 21such methodology is sufficient to meet the costs of providing inpatient care. Such method shall |
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| 52 | 52 | | 22include, but not be limited to, the range of payment amounts including the median payment |
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| 53 | 53 | | 23levels and how such payments are regularly updated. A report including this information shall be |
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| 54 | 54 | | 24submitted to the division and the house and senate committees on ways and means; the |
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| 55 | 55 | | 25committee on health care financing, and the committee on mental health, substance use and |
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| 56 | 56 | | 26recovery no later than 90 days after the effective date of this act. |
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