Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1228 Compare Versions

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22 HOUSE DOCKET, NO. 2507 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1228
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael P. Kushmerek
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 support behavioral health prevention for children.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/16/2025 1 of 7
1616 HOUSE DOCKET, NO. 2507 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1228
1818 By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1228)
1919 of Michael P. Kushmerek relative to behavioral health prevention for children. Financial
2020 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 support behavioral health prevention for children.
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 32A of the General Laws, is hereby amended by inserting after
3030 2section 33 the following section:-
3131 3 Section 34. (a) For the purpose of this section, the following term shall have the
3232 4following meaning:
3333 5 “Preventive behavioral health services”, short-term interventions in supportive group,
3434 6individual, or family settings that cultivate coping skills and strategies for symptoms of
3535 7depression, anxiety, and other social and emotional concerns, which may prevent the
3636 8development of behavioral health conditions for members who are under 21 years old who have
3737 9a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive
3838 10post-partum depression screening, even if the individual does not meet criteria for behavioral
3939 11health diagnosis. 2 of 7
4040 12 (b)(1) Any coverage offered by the commission to an active or retired employee of the
4141 13commonwealth under the group insurance commission shall provide coverage for no fewer than
4242 14six sessions of preventive behavioral health services provided by a qualified licensed behavioral
4343 15health clinician, or a non-licensed clinician or trainee under supervision, without requiring prior
4444 16authorization. Coverage shall include individual, family and group sessions when delivered by a
4545 17behavioral health clinician practicing in an integrated pediatric primary care setting and group
4646 18sessions when delivered in community-based outpatient and school settings. Preventive
4747 19behavioral health services shall be covered with no patient cost-sharing; provided, however, that
4848 20cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue
4949 21Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this
5050 22service.
5151 23 (2) The commission and its contracted carriers shall accept an alternative diagnosis code,
5252 24including a Social Determinants of Health Z-code, as the primary diagnosis from eligible
5353 25providers submitting claims for preventive behavioral health services.
5454 26 SECTION 2. Chapter 175 of the General Laws, is hereby amended by inserting after
5555 27section 47UU the following section:-
5656 28 Section 47VV. (a) For the purpose of this section, the following term shall have the
5757 29following meaning:
5858 30 “Preventive behavioral health services”, short-term interventions in supportive group,
5959 31individual, or family settings that cultivate coping skills and strategies for symptoms of
6060 32depression, anxiety, and other social and emotional concerns, which may prevent the
6161 33development of behavioral health conditions for members who are under 21 years old who have 3 of 7
6262 34a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive
6363 35post-partum depression screening, even if the individual does not meet criteria for behavioral
6464 36health diagnosis.
6565 37 (b)(1) A policy, contract, agreement, plan or certificate of insurance issued, delivered or
6666 38renewed within the commonwealth shall provide coverage for no fewer than six sessions of
6767 39preventive behavioral health services provided by a qualified licensed behavioral health
6868 40clinician, or a non-licensed clinician or trainee under supervision, without requiring prior
6969 41authorization. Coverage shall include individual, family and group sessions when delivered by a
7070 42behavioral health clinician practicing in an integrated pediatric primary care setting and group
7171 43sessions when delivered in community-based outpatient and school settings. Preventive
7272 44behavioral health services shall be covered with no patient cost-sharing; provided, however, that
7373 45cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue
7474 46Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this
7575 47service.
7676 48 (2) Payers covered under this section shall accept an alternative diagnosis code, including
7777 49a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers
7878 50submitting claims for preventive behavioral health services.
7979 51 SECTION 3. Chapter 176A of the General Laws, is hereby amended by inserting after
8080 52section 8VV the following section:-
8181 53 Section 8WW. (a) For the purpose of this section, the following term shall have the
8282 54following meaning: 4 of 7
8383 55 “Preventive behavioral health services”, short-term interventions in supportive group,
8484 56individual, or family settings that cultivate coping skills and strategies for symptoms of
8585 57depression, anxiety, and other social and emotional concerns, which may prevent the
8686 58development of behavioral health conditions for members who are under 21 years old who have
8787 59a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive
8888 60post-partum depression screening, even if the individual does not meet criteria for behavioral
8989 61health diagnosis.
9090 62 (b)(1) Any contract between a subscriber and a corporation subject to this chapter,
9191 63pursuant to an individual or group hospital service plan that is delivered, issued or renewed
9292 64within or without the commonwealth shall provide coverage for no fewer than six sessions of
9393 65preventive behavioral health services provided by a qualified licensed behavioral health
9494 66clinician, or a non-licensed clinician or trainee under supervision, without requiring prior
9595 67authorization. Coverage shall include individual, family and group sessions when delivered by a
9696 68behavioral health clinician practicing in an integrated pediatric primary care setting and group
9797 69sessions when delivered in community-based outpatient and school settings. Preventive
9898 70behavioral health services shall be covered with no patient cost-sharing; provided, however, that
9999 71cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue
100100 72Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this
101101 73service.
102102 74 (2) Payers covered under this section shall accept an alternative diagnosis code, including
103103 75a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers
104104 76submitting claims for preventive behavioral health services. 5 of 7
105105 77 SECTION 4. Chapter 176B of the General Laws, is hereby amended by inserting after
106106 78section 4VV the following section:-
107107 79 Section 4WW. (a) For the purpose of this section, the following term shall have the
108108 80following meaning:
109109 81 “Preventive behavioral health services”, short-term interventions in supportive group,
110110 82individual, or family settings that cultivate coping skills and strategies for symptoms of
111111 83depression, anxiety, and other social and emotional concerns, which may prevent the
112112 84development of behavioral health conditions for members who are under 21 years old who have
113113 85a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive
114114 86post-partum depression screening, even if the individual does not meet criteria for behavioral
115115 87health diagnosis.
116116 88 (b)(1) Any subscription certificate under an individual or group medical service
117117 89agreement that is delivered, issued or renewed within or without the commonwealth shall
118118 90provide coverage for no fewer than six sessions of preventive behavioral health services
119119 91provided by a qualified licensed behavioral health clinician, or a non-licensed clinician or trainee
120120 92under supervision, without requiring prior authorization. Coverage shall include individual,
121121 93family and group sessions when delivered by a behavioral health clinician practicing in an
122122 94integrated pediatric primary care setting and group sessions when delivered in community-based
123123 95outpatient and school settings. Preventive behavioral health services shall be covered with no
124124 96patient cost-sharing; provided, however, that cost-sharing shall be required if the applicable plan
125125 97is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a
126126 98result of the prohibition on cost-sharing for this service. 6 of 7
127127 99 (2) Payers covered under this section shall accept an alternative diagnosis code, including
128128 100a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers
129129 101submitting claims for preventive behavioral health services.
130130 102 SECTION 5. Chapter 176G of the General Laws, is hereby amended by inserting after
131131 103section 4NN the following section:-
132132 104 Section 4OO. (a) For the purpose of this section, the following term shall have the
133133 105following meaning:
134134 106 “Preventive behavioral health services”, short-term interventions in supportive group,
135135 107individual, or family settings that cultivate coping skills and strategies for symptoms of
136136 108depression, anxiety, and other social and emotional concerns, which may prevent the
137137 109development of behavioral health conditions for members who are under 21 years old who have
138138 110a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive
139139 111post-partum depression screening, even if the individual does not meet criteria for behavioral
140140 112health diagnosis.
141141 113 (b)(1) Any individual or group health maintenance contract that is issued or renewed
142142 114within or without the commonwealth shall provide coverage for no fewer than six sessions of
143143 115preventive behavioral health services provided by a qualified licensed behavioral health
144144 116clinician, or a non-licensed clinician or trainee under supervision, without requiring prior
145145 117authorization. Coverage shall include individual, family and group sessions when delivered by a
146146 118behavioral health clinician practicing in an integrated pediatric primary care setting and group
147147 119sessions when delivered in community-based outpatient and school settings. Preventive
148148 120behavioral health services shall be covered with no patient cost-sharing; provided, however, that 7 of 7
149149 121cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue
150150 122Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this
151151 123service.
152152 124 (2) Payers covered under this section shall accept an alternative diagnosis code, including
153153 125a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers
154154 126submitting claims for preventive behavioral health services.
155155 127 SECTION 6. The division of insurance, in consultation with the office of Medicaid, shall
156156 128develop guidance to implement coverage of preventive behavioral health services