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2 | 2 | | HOUSE DOCKET, NO. 2728 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1096 |
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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 | | Natalie M. Blais |
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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 relative to rate equity for community health centers. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Blais1st Franklin1/16/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/25/2025Hadley Luddy4th Barnstable1/25/2025Russell E. Holmes6th Suffolk2/6/2025David T. Vieira3rd Barnstable2/24/2025 1 of 8 |
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16 | 16 | | HOUSE DOCKET, NO. 2728 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1096 |
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18 | 18 | | By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 1096) of |
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19 | 19 | | Natalie M. Blais and others relative to rates for community health centers. Financial Services. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to rate equity for community health centers. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 Official |
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29 | 29 | | 2Edition, is hereby amended by inserting after section 33 the following new section:- |
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30 | 30 | | 3 Section 34. (a) For the purposes of this section, the following terms shall have the |
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31 | 31 | | 4following meanings unless the context clearly requires otherwise: |
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32 | 32 | | 5 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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33 | 33 | | 6 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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34 | 34 | | 71396d(a)(2)(C), and as further defined in 101 CMR 304.00. |
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35 | 35 | | 8 (b) Notwithstanding any general or special law to the contrary, the Commission shall |
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36 | 36 | | 9ensure that the rate of payment for any Federally Qualified Health Center services provided to a |
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37 | 37 | | 10patient by a community health center, shall be reimbursed in an amount at least equivalent to the |
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38 | 38 | | 11annual aggregate revenue that the health center would have received if reimbursed by 2 of 8 |
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39 | 39 | | 12MassHealth pursuant to methodology that conforms with 42 U.S.C. § 1396a(bb) and |
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40 | 40 | | 131396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2025. |
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41 | 41 | | 14 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2022 Official |
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42 | 42 | | 15Edition, is hereby amended by inserting after section 13d ½ the following new section:- |
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43 | 43 | | 16 Section 13d ¾. (a) For purposes of this section, the term “community health center” shall |
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44 | 44 | | 17mean any entity reimbursed as a community health center under this chapter. |
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45 | 45 | | 18 (b) Notwithstanding any general or special law to the contrary, reimbursement for |
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46 | 46 | | 19community health centers under this chapter, shall be through a methodology that conforms with |
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47 | 47 | | 2042 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as appearing in Title 42 of the United States Code |
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48 | 48 | | 21as of January 1, 2025. |
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49 | 49 | | 22 SECTION 3. Chapter 175 of the General Laws, as appearing in the 2022 Official Edition, |
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50 | 50 | | 23is hereby amended by inserting after section 47UU the following new section:- |
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51 | 51 | | 24 Section 47VV. (a) For the purposes of this section, the following terms shall have the |
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52 | 52 | | 25following meanings unless the context clearly requires otherwise: |
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53 | 53 | | 26 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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54 | 54 | | 27 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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55 | 55 | | 281396d(a)(2)(C), and as further defined in 101 CMR 304.00. |
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56 | 56 | | 29 (b) Notwithstanding any general or special law to the contrary, insurers organized under |
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57 | 57 | | 30this chapter shall ensure that the rate of payment for any Federally Qualified Health Center |
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58 | 58 | | 31services provided to a patient by a community health center, shall be reimbursed in an amount at |
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59 | 59 | | 32least equivalent to the annual aggregate revenue that the health center would have received if 3 of 8 |
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60 | 60 | | 33reimbursed by MassHealth pursuant to methodology that conforms with 42 U.S.C. § 1396a(bb) |
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61 | 61 | | 34and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, |
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62 | 62 | | 352025. |
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63 | 63 | | 36 (c) The Division of Insurance shall issue regulations governing issuance of payments to |
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64 | 64 | | 37community health centers to conform with this section. The Division of Insurance shall consult |
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65 | 65 | | 38with MassHealth to receive technical assistance regarding the per visit payment rate for each |
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66 | 66 | | 39individual Federally Qualified Health Center for a given year. MassHealth shall provide the |
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67 | 67 | | 40Division of Insurance with a proxy rate for any Federally Qualified Health Center who has not |
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68 | 68 | | 41received an individual prospective payment system rate and the Division of Insurance shall make |
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69 | 69 | | 42available to health plans upon request the necessary prospective payment system rate information |
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70 | 70 | | 43regarding their contracted Federally Qualified Health Centers such that the health plan can |
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71 | 71 | | 44ensure compliance with this requirement. The Division of Insurance shall promulgate regulations |
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72 | 72 | | 45no later than January 1, 2027 in order to implement the provisions of this Chapter. |
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73 | 73 | | 46 (d) Any entity licensed by the Division of Insurance and providing reimbursement to |
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74 | 74 | | 47federally qualified health centers for services provided to patients, including, but not limited to, |
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75 | 75 | | 48non-profit hospital service corporations, medical service corporations, dental service |
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76 | 76 | | 49corporations, health maintenance organizations, and preferred provider organizations, or any |
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77 | 77 | | 50other entity not specifically enumerated hereunder licensed by the Division of Insurance and |
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78 | 78 | | 51providing reimbursement to federally qualified health centers for services provided to patients, |
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79 | 79 | | 52shall submit an annual report to the Division of Insurance as a condition of their licensure |
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80 | 80 | | 53evidencing that the total reimbursement to Federally Qualified Health Centers for services |
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81 | 81 | | 54provided to patients in the prior year was equivalent to the annual aggregate revenue the health |
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82 | 82 | | 55center would have received if reimbursed by MassHealth. 4 of 8 |
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83 | 83 | | 56 SECTION 4. Chapter 176A of the General Laws, as appearing in the 2022 Official |
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84 | 84 | | 57Edition, is hereby amended by inserting after Section 38 the following new section:- |
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85 | 85 | | 58 Section 39. (a) For the purposes of this section, the following terms shall have the |
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86 | 86 | | 59following meanings unless the context clearly requires otherwise: |
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87 | 87 | | 60 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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88 | 88 | | 61 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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89 | 89 | | 621396d(a)(2)(C), and as further defined in 101 CMR 304.00. |
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90 | 90 | | 63 (b) Notwithstanding any general or special law to the contrary, any corporation organized |
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91 | 91 | | 64under this chapter shall ensure that the rate of payment for any Federally Qualified Health Center |
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92 | 92 | | 65services provided to a patient by a community health center, shall be reimbursed in an amount at |
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93 | 93 | | 66least equivalent to the annual aggregate revenue that the health center would have received if |
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94 | 94 | | 67reimbursed by MassHealth pursuant to methodology that conforms with 42 U.S.C. § 1396a(bb) |
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95 | 95 | | 68and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, |
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96 | 96 | | 692025. |
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97 | 97 | | 70 SECTION 5. Section 1 of Chapter 176B of the General Laws, as appearing in the 2022 |
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98 | 98 | | 71Official Edition, is hereby amended by inserting after the definition of “Dependent” the |
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99 | 99 | | 72following new definitions:- |
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100 | 100 | | 73 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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101 | 101 | | 74 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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102 | 102 | | 751396d(a)(2)(C), and as further defined in 101 CMR 304.00. 5 of 8 |
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103 | 103 | | 76 SECTION 6. Chapter 176B of the General Laws, as so appearing is hereby further |
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104 | 104 | | 77amended by inserting after Section 25 the following new section:- |
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105 | 105 | | 78 Section 26: (a) Notwithstanding any general or special law to the contrary, any medical |
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106 | 106 | | 79service plan organized under this chapter shall ensure that the rate of payment for any Federally |
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107 | 107 | | 80Qualified Health Center services provided to a patient by a community health center, shall be |
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108 | 108 | | 81reimbursed in an amount at least equivalent to the annual aggregate revenue that the health |
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109 | 109 | | 82center would have received if reimbursed by MassHealth pursuant to methodology that conforms |
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110 | 110 | | 83with 42 U.S.C. § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United |
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111 | 111 | | 84States Code as of January 1, 2025. |
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112 | 112 | | 85 SECTION 7. Section 1 of Chapter 176E of the General Laws, as appearing in the 2022 |
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113 | 113 | | 86Official Edition, is hereby amended by inserting after the definition of “Dental Service |
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114 | 114 | | 87Corporation” the following new definitions:- |
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115 | 115 | | 88 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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116 | 116 | | 89 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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117 | 117 | | 901396d(a)(2)(C), and as further defined in 101 CMR 304.00. |
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118 | 118 | | 91 SECTION 8. Said Chapter 176E is further amended by inserting after section 15A the |
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119 | 119 | | 92following new section:- |
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120 | 120 | | 93 Section 15B. (a) Notwithstanding any general or special law to the contrary, any Dental |
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121 | 121 | | 94Service Corporation organized under this chapter shall ensure that the rate of payment for any |
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122 | 122 | | 95Federally Qualified Health Center services provided to a patient by a community health center, |
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123 | 123 | | 96shall be reimbursed in an amount at least equivalent to the annual aggregate revenue that the 6 of 8 |
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124 | 124 | | 97health center would have received if reimbursed by MassHealth pursuant to methodology that |
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125 | 125 | | 98conforms with 42 U.S.C. § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the |
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126 | 126 | | 99United States Code as of January 1, 2025. |
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127 | 127 | | 100 SECTION 9. Section 1 of Chapter 176G of the General Laws, as appearing in the 2022 |
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128 | 128 | | 101Official Edition, is hereby amended by inserting after the definition of “Evidence of Coverage” |
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129 | 129 | | 102the following new definitions:- |
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130 | 130 | | 103 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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131 | 131 | | 104 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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132 | 132 | | 1051396d(a)(2)(C), and as further defined in 101 CMR 304.00. |
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133 | 133 | | 106 SECTION 10. Said Chapter 176G is further amended by inserting after section 33 the |
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134 | 134 | | 107following new section:- |
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135 | 135 | | 108 Section 34. (a) Notwithstanding any general or special law to the contrary, any Health |
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136 | 136 | | 109Maintenance Organization organized under the laws of the Commonwealth shall ensure that the |
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137 | 137 | | 110rate of payment for any Federally Qualified Health Center services provided to a patient by a |
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138 | 138 | | 111community health center, shall be reimbursed in an amount at least equivalent to the annual |
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139 | 139 | | 112aggregate revenue that the health center would have received if reimbursed by MassHealth |
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140 | 140 | | 113pursuant to methodology that conforms with 42 U.S.C. § 1396a(bb) and 1396b(m)(2)(A)(ix) as |
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141 | 141 | | 114they appear in Title 42 of the United States Code as of January 1, 2025. |
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142 | 142 | | 115 SECTION 11. Section 1 of Chapter 176I of the General Laws, as appearing in the 2022 |
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143 | 143 | | 116Official Edition, is hereby amended by inserting after the definition of “Emergency Care” the |
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144 | 144 | | 117following new definitions:- 7 of 8 |
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145 | 145 | | 118 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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146 | 146 | | 119 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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147 | 147 | | 1201396d(a)(2)(C), and as further defined in 101 CMR 304.00. |
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148 | 148 | | 121 SECTION 12. Said Chapter 176I, as so appearing, is further amended by inserting after |
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149 | 149 | | 122section 13 the following new section:- |
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150 | 150 | | 123 Section 14. (a) Notwithstanding any general or special law to the contrary, any preferred |
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151 | 151 | | 124provider contract shall ensure that the rate of payment for any Federally Qualified Health Center |
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152 | 152 | | 125services provided to a patient by a community health center, shall be reimbursed in an amount at |
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153 | 153 | | 126least equivalent to the annual aggregate revenue that the health center would have received if |
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154 | 154 | | 127reimbursed by MassHealth pursuant to methodology that conforms with 42 U.S.C. § 1396a(bb) |
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155 | 155 | | 128and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, |
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156 | 156 | | 1292025. |
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157 | 157 | | 130 SECTION 13. Chapter 15A of the General Laws, as appearing in the 2022 Official |
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158 | 158 | | 131Edition, is hereby amended by inserting after section 18 the following new section:- |
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159 | 159 | | 132 Section 18A. (a) For the purposes of this section, the following terms shall have the |
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160 | 160 | | 133following meanings unless the context clearly requires otherwise: |
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161 | 161 | | 134 “Federally Qualified Health Center”, any entity receiving a grant under 42 U.S.C. 254B. |
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162 | 162 | | 135 “Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. |
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163 | 163 | | 1361396(a)(2)(C), and as further defined in 101 CMR 304.00. |
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164 | 164 | | 137 (b) Notwithstanding any general or special law to the contrary, any student health |
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165 | 165 | | 138insurance program or plan authorized under Section 18 of Chapter 15A shall ensure that the rate 8 of 8 |
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166 | 166 | | 139of payment for any Federally Qualified Health Center services provided to a patient by a |
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167 | 167 | | 140community health center, shall be reimbursed in an amount at least equivalent to the annual |
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168 | 168 | | 141aggregate revenue that the health center would have received if reimbursed by MassHealth |
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169 | 169 | | 142pursuant to methodology that conforms with 42 U.S.C. § 1396a(bb) and 1396b(m)(2)(A)(ix) as |
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170 | 170 | | 143they appear in Title 42 of the United States Code as of January 1, 2025. |
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