Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1134 Compare Versions

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22 HOUSE DOCKET, NO. 3239 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1134
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Marjorie C. Decker
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 to improve access and care coordination for people with pain.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025 1 of 6
1616 HOUSE DOCKET, NO. 3239 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1134
1818 By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1134) of
1919 Marjorie C. Decker for legislation to improve access and care coordination for people with pain.
2020 Financial Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act to improve access and care coordination for people with pain.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting after
3030 2section 10Q the following new section:-
3131 3 Section 10R. Coverage for non-opioid pain medications.
3232 4 (a) As used in this section, the following word shall, unless the context clearly requires
3333 5otherwise, have the following meaning:
3434 6 “Non-opioid drug” means a non-opioid drug approved by the federal Food and Drug
3535 7Administration for the treatment or management of pain.
3636 8 (b) The division and its contracted health insurers, health plans, health maintenance
3737 9organizations, behavioral health management firms and third-party administrators under contract
3838 10to a Medicaid managed care organization or primary care clinician plan shall provide coverage
3939 11such that no non-opioid drug shall be disadvantaged or discouraged with respect to coverage 2 of 6
4040 12relative to any opioid or narcotic drug for the treatment or management of pain, where
4141 13impermissible disadvantaging or discouragement includes, without limitation:
4242 14 (1) designating any such non-opioid drug as a non-preferred drug if any opioid or
4343 15narcotic drug is designated as a preferred drug on the MassHealth Drug List; or
4444 16 (2) establishing more restrictive or more extensive utilization management procedures,
4545 17including, but not limited to, more restrictive or more extensive prior authorization or step
4646 18therapy protocols, for such non-opioid drug than the least restrictive or extensive utilization
4747 19management procedures applicable to any such opioid or narcotic drug.
4848 20 SECTION 2. (a) Notwithstanding any general or special law to the contrary, the division
4949 21of medical assistance shall ensure the availability of accessible, quality health care for
5050 22individuals with chronic pain who are enrolled in Medicaid managed care organizations or
5151 23accountable care organizations that have a contract with the division to provide services to
5252 24individuals enrolled under MassHealth pursuant to section 9 of chapter 118E of the General
5353 25Laws. Such health care shall include, but not be limited to the following:
5454 26 (1) comprehensive integrated care management for chronic pain patients, including
5555 27primary care, medical specialty care (including but not limited to pain management specialists,
5656 28neurologists, rheumatologists), and specialized treatment providers (including but not limited to
5757 29physical therapists, occupational therapists, chiropractors, acupuncturists, psychologists, massage
5858 30therapists) as specified in individualized pain treatment plans;
5959 31 (2) social work services as well as education on chronic pain management for patients,
6060 32caregivers, and providers; and 3 of 6
6161 33 (3) support navigating health insurance coverage and support with transportation to
6262 34primary care and specialty providers.
6363 35 (b) Not later than the fiscal year 2026 contract year, the division of medical assistance
6464 36shall require Medicaid managed care or accountable care organizations to implement a chronic
6565 37pain quality strategy for children and adults with chronic pain that includes, but is not limited to,
6666 38the following components:
6767 39 (1) measurable goals to improve the identification of members with chronic pain within
6868 4090 days after enrolling in the contracted health plan;
6969 41 (2) to the extent practicable, adequate provider network capacity to ensure timely access
7070 42to chronic pain specialty service providers as listed above;
7171 43 (3) care coordination strategies and supports to help members with chronic pain access
7272 44appropriate providers including primary care, medical specialists, other specialized care
7373 45providers of therapies included in the treatment plan and other related care supports; and
7474 46 (4) delivery of a training curriculum approved by the division of medical assistance to
7575 47educate primary care providers on the treatment of those with chronic pain, including
7676 48information on the components of comprehensive chronic pain treatment including but not
7777 49limited to pain assessment and diagnosis, administration of a validated pain rating tool, the
7878 50development, implementation and revision of an individualized treatment plan, medication
7979 51management, any necessary chronic pain crisis management, and care coordination and
8080 52communication among providers furnishing various treatments; and on multidisciplinary pain
8181 53care encompassing the full range of evidence-based treatments in five areas: restorative 4 of 6
8282 54therapies, medications, interventional procedures, behavioral therapies and complementary
8383 55treatments.
8484 56 (c) The division of medical assistance shall also, not later than January 1, 2026, and in
8585 57partnership with Medicaid managed care organizations and accountable care organizations,
8686 58identify, document, and share best practices regarding chronic pain care management and care
8787 59coordination with Medicaid-enrolled primary care and specialty providers with a goal of
8888 60improving services for members with chronic pain and their families.
8989 61 SECTION 3. Chapter 12C of the General Laws is hereby amended by inserting after
9090 62section 24 the following new section:-
9191 63 Section 25. Data collection and reports on the incidence and prevalence of chronic pain in
9292 64the commonwealth.
9393 65 (a) The center shall utilize available federal and state data, including health care data
9494 66collected under sections 8, 9, and 10, to clarify the incidence and prevalence of chronic pain
9595 67experienced by individuals in the commonwealth from any source, including injuries, surgeries,
9696 68diseases and conditions.
9797 69 (b) The center shall also identify gaps in the available research data and collect
9898 70deidentified population research data using medical claims and survey data to fill gaps in
9999 71available research data.
100100 72 (c) In its review of the relevant research data, the center shall identify information
101101 73concerning: 5 of 6
102102 74 (1) incidence and prevalence of chronic pain and of all specific known chronic pain
103103 75conditions as well as of diseases and conditions that include or lead to chronic pain;
104104 76 (2) demographics and other information, such as age, race, ethnicity, gender, and
105105 77geographic location overall and for specific known chronic pain conditions;
106106 78 (3) risk factors that may be associated with chronic pain conditions, such as genetic and
107107 79environmental risk factors and other information, as appropriate;
108108 80 (4) diagnosis and progression markers;
109109 81 (5) direct health care costs of chronic pain treatment, both traditional and alternative, and
110110 82indirect costs of chronic pain; (such as missed work, public and private disability, and reduction
111111 83in productivity);
112112 84 (6) the epidemiology of the conditions;
113113 85 (7) the detection, management, and treatment of the conditions;
114114 86 (8) the epidemiology, detection, management, and treatment of secondary or co-occurring
115115 87conditions, such as depressive, anxiety, and substance use disorders;
116116 88 (9) the utilization of medical and social services by patients with chronic pain conditions;
117117 89and
118118 90 (10) the effectiveness of evidence-based treatment approaches for chronic pain
119119 91conditions.
120120 92 (d) Not later than 2 years after the date of enactment of this Act, and every two years
121121 93thereafter, the center shall publish a report concerning the incidence, prevalence and 6 of 6
122122 94demographics of chronic pain and specific chronic pain conditions experienced by individuals in
123123 95the commonwealth. Such report shall address the information outlined in subsection (c). Such
124124 96report shall also include an analysis of any data gaps identified by the center, and any
125125 97recommendations with respect to efforts to address such gaps.