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2 | 2 | | HOUSE DOCKET, NO. 2507 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1228 |
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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 | | Michael P. Kushmerek |
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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 support behavioral health prevention for children. |
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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:Michael P. Kushmerek3rd Worcester1/16/2025 1 of 7 |
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16 | 16 | | HOUSE DOCKET, NO. 2507 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1228 |
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18 | 18 | | By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1228) |
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19 | 19 | | of Michael P. Kushmerek relative to behavioral health prevention for children. Financial |
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20 | 20 | | 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 support behavioral health prevention for children. |
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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 32A of the General Laws, is hereby amended by inserting after |
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30 | 30 | | 2section 33 the following section:- |
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31 | 31 | | 3 Section 34. (a) For the purpose of this section, the following term shall have the |
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32 | 32 | | 4following meaning: |
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33 | 33 | | 5 “Preventive behavioral health services”, short-term interventions in supportive group, |
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34 | 34 | | 6individual, or family settings that cultivate coping skills and strategies for symptoms of |
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35 | 35 | | 7depression, anxiety, and other social and emotional concerns, which may prevent the |
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36 | 36 | | 8development of behavioral health conditions for members who are under 21 years old who have |
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37 | 37 | | 9a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive |
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38 | 38 | | 10post-partum depression screening, even if the individual does not meet criteria for behavioral |
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39 | 39 | | 11health diagnosis. 2 of 7 |
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40 | 40 | | 12 (b)(1) Any coverage offered by the commission to an active or retired employee of the |
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41 | 41 | | 13commonwealth under the group insurance commission shall provide coverage for no fewer than |
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42 | 42 | | 14six sessions of preventive behavioral health services provided by a qualified licensed behavioral |
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43 | 43 | | 15health clinician, or a non-licensed clinician or trainee under supervision, without requiring prior |
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44 | 44 | | 16authorization. Coverage shall include individual, family and group sessions when delivered by a |
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45 | 45 | | 17behavioral health clinician practicing in an integrated pediatric primary care setting and group |
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46 | 46 | | 18sessions when delivered in community-based outpatient and school settings. Preventive |
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47 | 47 | | 19behavioral health services shall be covered with no patient cost-sharing; provided, however, that |
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48 | 48 | | 20cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue |
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49 | 49 | | 21Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this |
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50 | 50 | | 22service. |
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51 | 51 | | 23 (2) The commission and its contracted carriers shall accept an alternative diagnosis code, |
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52 | 52 | | 24including a Social Determinants of Health Z-code, as the primary diagnosis from eligible |
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53 | 53 | | 25providers submitting claims for preventive behavioral health services. |
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54 | 54 | | 26 SECTION 2. Chapter 175 of the General Laws, is hereby amended by inserting after |
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55 | 55 | | 27section 47UU the following section:- |
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56 | 56 | | 28 Section 47VV. (a) For the purpose of this section, the following term shall have the |
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57 | 57 | | 29following meaning: |
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58 | 58 | | 30 “Preventive behavioral health services”, short-term interventions in supportive group, |
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59 | 59 | | 31individual, or family settings that cultivate coping skills and strategies for symptoms of |
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60 | 60 | | 32depression, anxiety, and other social and emotional concerns, which may prevent the |
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61 | 61 | | 33development of behavioral health conditions for members who are under 21 years old who have 3 of 7 |
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62 | 62 | | 34a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive |
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63 | 63 | | 35post-partum depression screening, even if the individual does not meet criteria for behavioral |
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64 | 64 | | 36health diagnosis. |
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65 | 65 | | 37 (b)(1) A policy, contract, agreement, plan or certificate of insurance issued, delivered or |
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66 | 66 | | 38renewed within the commonwealth shall provide coverage for no fewer than six sessions of |
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67 | 67 | | 39preventive behavioral health services provided by a qualified licensed behavioral health |
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68 | 68 | | 40clinician, or a non-licensed clinician or trainee under supervision, without requiring prior |
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69 | 69 | | 41authorization. Coverage shall include individual, family and group sessions when delivered by a |
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70 | 70 | | 42behavioral health clinician practicing in an integrated pediatric primary care setting and group |
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71 | 71 | | 43sessions when delivered in community-based outpatient and school settings. Preventive |
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72 | 72 | | 44behavioral health services shall be covered with no patient cost-sharing; provided, however, that |
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73 | 73 | | 45cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue |
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74 | 74 | | 46Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this |
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75 | 75 | | 47service. |
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76 | 76 | | 48 (2) Payers covered under this section shall accept an alternative diagnosis code, including |
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77 | 77 | | 49a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers |
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78 | 78 | | 50submitting claims for preventive behavioral health services. |
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79 | 79 | | 51 SECTION 3. Chapter 176A of the General Laws, is hereby amended by inserting after |
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80 | 80 | | 52section 8VV the following section:- |
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81 | 81 | | 53 Section 8WW. (a) For the purpose of this section, the following term shall have the |
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82 | 82 | | 54following meaning: 4 of 7 |
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83 | 83 | | 55 “Preventive behavioral health services”, short-term interventions in supportive group, |
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84 | 84 | | 56individual, or family settings that cultivate coping skills and strategies for symptoms of |
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85 | 85 | | 57depression, anxiety, and other social and emotional concerns, which may prevent the |
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86 | 86 | | 58development of behavioral health conditions for members who are under 21 years old who have |
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87 | 87 | | 59a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive |
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88 | 88 | | 60post-partum depression screening, even if the individual does not meet criteria for behavioral |
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89 | 89 | | 61health diagnosis. |
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90 | 90 | | 62 (b)(1) Any contract between a subscriber and a corporation subject to this chapter, |
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91 | 91 | | 63pursuant to an individual or group hospital service plan that is delivered, issued or renewed |
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92 | 92 | | 64within or without the commonwealth shall provide coverage for no fewer than six sessions of |
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93 | 93 | | 65preventive behavioral health services provided by a qualified licensed behavioral health |
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94 | 94 | | 66clinician, or a non-licensed clinician or trainee under supervision, without requiring prior |
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95 | 95 | | 67authorization. Coverage shall include individual, family and group sessions when delivered by a |
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96 | 96 | | 68behavioral health clinician practicing in an integrated pediatric primary care setting and group |
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97 | 97 | | 69sessions when delivered in community-based outpatient and school settings. Preventive |
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98 | 98 | | 70behavioral health services shall be covered with no patient cost-sharing; provided, however, that |
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99 | 99 | | 71cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue |
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100 | 100 | | 72Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this |
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101 | 101 | | 73service. |
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102 | 102 | | 74 (2) Payers covered under this section shall accept an alternative diagnosis code, including |
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103 | 103 | | 75a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers |
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104 | 104 | | 76submitting claims for preventive behavioral health services. 5 of 7 |
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105 | 105 | | 77 SECTION 4. Chapter 176B of the General Laws, is hereby amended by inserting after |
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106 | 106 | | 78section 4VV the following section:- |
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107 | 107 | | 79 Section 4WW. (a) For the purpose of this section, the following term shall have the |
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108 | 108 | | 80following meaning: |
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109 | 109 | | 81 “Preventive behavioral health services”, short-term interventions in supportive group, |
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110 | 110 | | 82individual, or family settings that cultivate coping skills and strategies for symptoms of |
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111 | 111 | | 83depression, anxiety, and other social and emotional concerns, which may prevent the |
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112 | 112 | | 84development of behavioral health conditions for members who are under 21 years old who have |
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113 | 113 | | 85a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive |
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114 | 114 | | 86post-partum depression screening, even if the individual does not meet criteria for behavioral |
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115 | 115 | | 87health diagnosis. |
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116 | 116 | | 88 (b)(1) Any subscription certificate under an individual or group medical service |
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117 | 117 | | 89agreement that is delivered, issued or renewed within or without the commonwealth shall |
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118 | 118 | | 90provide coverage for no fewer than six sessions of preventive behavioral health services |
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119 | 119 | | 91provided by a qualified licensed behavioral health clinician, or a non-licensed clinician or trainee |
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120 | 120 | | 92under supervision, without requiring prior authorization. Coverage shall include individual, |
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121 | 121 | | 93family and group sessions when delivered by a behavioral health clinician practicing in an |
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122 | 122 | | 94integrated pediatric primary care setting and group sessions when delivered in community-based |
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123 | 123 | | 95outpatient and school settings. Preventive behavioral health services shall be covered with no |
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124 | 124 | | 96patient cost-sharing; provided, however, that cost-sharing shall be required if the applicable plan |
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125 | 125 | | 97is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a |
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126 | 126 | | 98result of the prohibition on cost-sharing for this service. 6 of 7 |
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127 | 127 | | 99 (2) Payers covered under this section shall accept an alternative diagnosis code, including |
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128 | 128 | | 100a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers |
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129 | 129 | | 101submitting claims for preventive behavioral health services. |
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130 | 130 | | 102 SECTION 5. Chapter 176G of the General Laws, is hereby amended by inserting after |
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131 | 131 | | 103section 4NN the following section:- |
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132 | 132 | | 104 Section 4OO. (a) For the purpose of this section, the following term shall have the |
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133 | 133 | | 105following meaning: |
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134 | 134 | | 106 “Preventive behavioral health services”, short-term interventions in supportive group, |
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135 | 135 | | 107individual, or family settings that cultivate coping skills and strategies for symptoms of |
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136 | 136 | | 108depression, anxiety, and other social and emotional concerns, which may prevent the |
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137 | 137 | | 109development of behavioral health conditions for members who are under 21 years old who have |
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138 | 138 | | 110a positive behavioral health screening, or, in the case of an infant, a caregiver with a positive |
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139 | 139 | | 111post-partum depression screening, even if the individual does not meet criteria for behavioral |
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140 | 140 | | 112health diagnosis. |
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141 | 141 | | 113 (b)(1) Any individual or group health maintenance contract that is issued or renewed |
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142 | 142 | | 114within or without the commonwealth shall provide coverage for no fewer than six sessions of |
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143 | 143 | | 115preventive behavioral health services provided by a qualified licensed behavioral health |
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144 | 144 | | 116clinician, or a non-licensed clinician or trainee under supervision, without requiring prior |
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145 | 145 | | 117authorization. Coverage shall include individual, family and group sessions when delivered by a |
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146 | 146 | | 118behavioral health clinician practicing in an integrated pediatric primary care setting and group |
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147 | 147 | | 119sessions when delivered in community-based outpatient and school settings. Preventive |
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148 | 148 | | 120behavioral health services shall be covered with no patient cost-sharing; provided, however, that 7 of 7 |
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149 | 149 | | 121cost-sharing shall be required if the applicable plan is governed by the Federal Internal Revenue |
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150 | 150 | | 122Code and would lose its tax-exempt status as a result of the prohibition on cost-sharing for this |
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151 | 151 | | 123service. |
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152 | 152 | | 124 (2) Payers covered under this section shall accept an alternative diagnosis code, including |
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153 | 153 | | 125a Social Determinants of Health Z-code, as the primary diagnosis from eligible providers |
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154 | 154 | | 126submitting claims for preventive behavioral health services. |
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155 | 155 | | 127 SECTION 6. The division of insurance, in consultation with the office of Medicaid, shall |
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156 | 156 | | 128develop guidance to implement coverage of preventive behavioral health services |
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