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2 | 2 | | HOUSE DOCKET, NO. 3239 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1134 |
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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 | | Marjorie C. Decker |
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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 to improve access and care coordination for people with pain. |
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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:Marjorie C. Decker25th Middlesex1/16/2025 1 of 6 |
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16 | 16 | | HOUSE DOCKET, NO. 3239 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1134 |
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18 | 18 | | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1134) of |
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19 | 19 | | Marjorie C. Decker for legislation to improve access and care coordination for people with pain. |
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20 | 20 | | Financial Services. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to improve access and care coordination for people with pain. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting after |
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30 | 30 | | 2section 10Q the following new section:- |
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31 | 31 | | 3 Section 10R. Coverage for non-opioid pain medications. |
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32 | 32 | | 4 (a) As used in this section, the following word shall, unless the context clearly requires |
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33 | 33 | | 5otherwise, have the following meaning: |
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34 | 34 | | 6 “Non-opioid drug” means a non-opioid drug approved by the federal Food and Drug |
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35 | 35 | | 7Administration for the treatment or management of pain. |
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36 | 36 | | 8 (b) The division and its contracted health insurers, health plans, health maintenance |
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37 | 37 | | 9organizations, behavioral health management firms and third-party administrators under contract |
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38 | 38 | | 10to a Medicaid managed care organization or primary care clinician plan shall provide coverage |
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39 | 39 | | 11such that no non-opioid drug shall be disadvantaged or discouraged with respect to coverage 2 of 6 |
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40 | 40 | | 12relative to any opioid or narcotic drug for the treatment or management of pain, where |
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41 | 41 | | 13impermissible disadvantaging or discouragement includes, without limitation: |
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42 | 42 | | 14 (1) designating any such non-opioid drug as a non-preferred drug if any opioid or |
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43 | 43 | | 15narcotic drug is designated as a preferred drug on the MassHealth Drug List; or |
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44 | 44 | | 16 (2) establishing more restrictive or more extensive utilization management procedures, |
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45 | 45 | | 17including, but not limited to, more restrictive or more extensive prior authorization or step |
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46 | 46 | | 18therapy protocols, for such non-opioid drug than the least restrictive or extensive utilization |
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47 | 47 | | 19management procedures applicable to any such opioid or narcotic drug. |
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48 | 48 | | 20 SECTION 2. (a) Notwithstanding any general or special law to the contrary, the division |
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49 | 49 | | 21of medical assistance shall ensure the availability of accessible, quality health care for |
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50 | 50 | | 22individuals with chronic pain who are enrolled in Medicaid managed care organizations or |
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51 | 51 | | 23accountable care organizations that have a contract with the division to provide services to |
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52 | 52 | | 24individuals enrolled under MassHealth pursuant to section 9 of chapter 118E of the General |
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53 | 53 | | 25Laws. Such health care shall include, but not be limited to the following: |
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54 | 54 | | 26 (1) comprehensive integrated care management for chronic pain patients, including |
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55 | 55 | | 27primary care, medical specialty care (including but not limited to pain management specialists, |
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56 | 56 | | 28neurologists, rheumatologists), and specialized treatment providers (including but not limited to |
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57 | 57 | | 29physical therapists, occupational therapists, chiropractors, acupuncturists, psychologists, massage |
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58 | 58 | | 30therapists) as specified in individualized pain treatment plans; |
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59 | 59 | | 31 (2) social work services as well as education on chronic pain management for patients, |
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60 | 60 | | 32caregivers, and providers; and 3 of 6 |
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61 | 61 | | 33 (3) support navigating health insurance coverage and support with transportation to |
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62 | 62 | | 34primary care and specialty providers. |
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63 | 63 | | 35 (b) Not later than the fiscal year 2026 contract year, the division of medical assistance |
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64 | 64 | | 36shall require Medicaid managed care or accountable care organizations to implement a chronic |
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65 | 65 | | 37pain quality strategy for children and adults with chronic pain that includes, but is not limited to, |
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66 | 66 | | 38the following components: |
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67 | 67 | | 39 (1) measurable goals to improve the identification of members with chronic pain within |
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68 | 68 | | 4090 days after enrolling in the contracted health plan; |
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69 | 69 | | 41 (2) to the extent practicable, adequate provider network capacity to ensure timely access |
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70 | 70 | | 42to chronic pain specialty service providers as listed above; |
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71 | 71 | | 43 (3) care coordination strategies and supports to help members with chronic pain access |
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72 | 72 | | 44appropriate providers including primary care, medical specialists, other specialized care |
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73 | 73 | | 45providers of therapies included in the treatment plan and other related care supports; and |
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74 | 74 | | 46 (4) delivery of a training curriculum approved by the division of medical assistance to |
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75 | 75 | | 47educate primary care providers on the treatment of those with chronic pain, including |
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76 | 76 | | 48information on the components of comprehensive chronic pain treatment including but not |
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77 | 77 | | 49limited to pain assessment and diagnosis, administration of a validated pain rating tool, the |
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78 | 78 | | 50development, implementation and revision of an individualized treatment plan, medication |
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79 | 79 | | 51management, any necessary chronic pain crisis management, and care coordination and |
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80 | 80 | | 52communication among providers furnishing various treatments; and on multidisciplinary pain |
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81 | 81 | | 53care encompassing the full range of evidence-based treatments in five areas: restorative 4 of 6 |
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82 | 82 | | 54therapies, medications, interventional procedures, behavioral therapies and complementary |
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83 | 83 | | 55treatments. |
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84 | 84 | | 56 (c) The division of medical assistance shall also, not later than January 1, 2026, and in |
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85 | 85 | | 57partnership with Medicaid managed care organizations and accountable care organizations, |
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86 | 86 | | 58identify, document, and share best practices regarding chronic pain care management and care |
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87 | 87 | | 59coordination with Medicaid-enrolled primary care and specialty providers with a goal of |
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88 | 88 | | 60improving services for members with chronic pain and their families. |
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89 | 89 | | 61 SECTION 3. Chapter 12C of the General Laws is hereby amended by inserting after |
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90 | 90 | | 62section 24 the following new section:- |
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91 | 91 | | 63 Section 25. Data collection and reports on the incidence and prevalence of chronic pain in |
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92 | 92 | | 64the commonwealth. |
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93 | 93 | | 65 (a) The center shall utilize available federal and state data, including health care data |
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94 | 94 | | 66collected under sections 8, 9, and 10, to clarify the incidence and prevalence of chronic pain |
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95 | 95 | | 67experienced by individuals in the commonwealth from any source, including injuries, surgeries, |
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96 | 96 | | 68diseases and conditions. |
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97 | 97 | | 69 (b) The center shall also identify gaps in the available research data and collect |
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98 | 98 | | 70deidentified population research data using medical claims and survey data to fill gaps in |
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99 | 99 | | 71available research data. |
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100 | 100 | | 72 (c) In its review of the relevant research data, the center shall identify information |
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101 | 101 | | 73concerning: 5 of 6 |
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102 | 102 | | 74 (1) incidence and prevalence of chronic pain and of all specific known chronic pain |
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103 | 103 | | 75conditions as well as of diseases and conditions that include or lead to chronic pain; |
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104 | 104 | | 76 (2) demographics and other information, such as age, race, ethnicity, gender, and |
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105 | 105 | | 77geographic location overall and for specific known chronic pain conditions; |
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106 | 106 | | 78 (3) risk factors that may be associated with chronic pain conditions, such as genetic and |
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107 | 107 | | 79environmental risk factors and other information, as appropriate; |
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108 | 108 | | 80 (4) diagnosis and progression markers; |
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109 | 109 | | 81 (5) direct health care costs of chronic pain treatment, both traditional and alternative, and |
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110 | 110 | | 82indirect costs of chronic pain; (such as missed work, public and private disability, and reduction |
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111 | 111 | | 83in productivity); |
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112 | 112 | | 84 (6) the epidemiology of the conditions; |
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113 | 113 | | 85 (7) the detection, management, and treatment of the conditions; |
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114 | 114 | | 86 (8) the epidemiology, detection, management, and treatment of secondary or co-occurring |
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115 | 115 | | 87conditions, such as depressive, anxiety, and substance use disorders; |
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116 | 116 | | 88 (9) the utilization of medical and social services by patients with chronic pain conditions; |
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117 | 117 | | 89and |
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118 | 118 | | 90 (10) the effectiveness of evidence-based treatment approaches for chronic pain |
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119 | 119 | | 91conditions. |
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120 | 120 | | 92 (d) Not later than 2 years after the date of enactment of this Act, and every two years |
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121 | 121 | | 93thereafter, the center shall publish a report concerning the incidence, prevalence and 6 of 6 |
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122 | 122 | | 94demographics of chronic pain and specific chronic pain conditions experienced by individuals in |
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123 | 123 | | 95the commonwealth. Such report shall address the information outlined in subsection (c). Such |
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124 | 124 | | 96report shall also include an analysis of any data gaps identified by the center, and any |
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125 | 125 | | 97recommendations with respect to efforts to address such gaps. |
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