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