1 of 1 HOUSE DOCKET, NO. 2618 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 1288 The Commonwealth of Massachusetts _________________ PRESENTED BY: Edward R. Philips _________________ 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 telehealth parity for nutrition counseling. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 6 HOUSE DOCKET, NO. 2618 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 1288 By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1288) of Edward R. Philips relative to telehealth parity for nutrition counseling. Financial Services. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to telehealth parity for nutrition counseling. 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. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of 2chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 3 “Medical nutrition therapy” the provision of nutrition care services, including nutrition 4counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 5as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 6management, or treatment of a disease or condition. 7 SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by 8section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection 9(g) and inserting in place thereof the following subsection:- 10 (g) The commission shall ensure that the rate of payment for in-network providers of 11behavioral health services and in-network providers of medical nutrition therapy delivered via 12interactive audio-video technology and audio-only telephone shall be no less than the rate of 2 of 6 13payment for the same service delivered via in-person methods; provided, that this subsection 14shall apply to providers of behavioral health services and medical nutrition therapy covered as 15required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of 16chapter 176O. 17 SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40 18of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 19 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition 20counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 21as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 22management, or treatment of a disease or condition. 23 SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by 24section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out 25subsection (g) and inserting in place thereof the following subsection:- 26 (g) The division shall ensure that the rate of payment for in-network providers of 27behavioral health services and in-network providers of medical nutrition therapy delivered via 28interactive audio-video technology and audio-only telephone shall be no less than the rate of 29payment for the same service delivered via in-person methods; provided, that this subsection 30shall apply to providers of behavioral health services and providers of medical nutrition therapy 31covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of 32section 6 of chapter 176O. 3 of 6 33 SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as 34inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting the 35following definition:- 36 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition 37counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 38as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 39management, or treatment of a disease or condition. 40 SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by 41section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out 42subsection (g) and inserting in place thereof the following subsection:- 43 (g) Insurance companies organized under this chapter shall ensure that the rate of 44payment for in-network providers of behavioral health services and in-network providers of 45medical nutrition therapy delivered via interactive audio-video technology and audio-only 46telephone shall be no less than the rate of payment for the same service delivered via in-person 47 methods; provided, that this subsection shall apply to providers of behavioral health 48services and providers of medical nutrition therapy covered as required under subclause (i) of 49clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O. 50 SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49 51of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 52 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition 53counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 4 of 6 54as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 55management, or treatment of a disease or condition. 56 SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by 57section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out 58subsection (g) and inserting in place thereof the following subsection:- 59 (g) Hospital service corporations shall ensure that the rate of payment for in-network 60providers of behavioral health services and in-network providers of medical nutrition therapy 61delivered via interactive audio-video technology and audio-only telephone shall be no less than 62the rate of payment for the same service delivered via in-person methods; provided, that this 63subsection shall apply to providers of behavioral health services and providers of medical 64nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of 65subsection (a) of section 6 of chapter 176O. 66 SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51 67of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 68 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition 69counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 70 as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 71management, or treatment of a disease or condition. 72 SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by 73section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out 74subsection (g) and inserting in place thereof the following subsection:- 5 of 6 75 (g) Medical service corporations shall ensure that the rate of payment for in-network 76providers of behavioral health services and in-network providers of medical nutrition therapy 77delivered via interactive audio-video technology and audio-only telephone shall be no less than 78the rate of payment for the same service delivered via in-person methods; provided, that this 79subsection shall apply to providers of behavioral health services and providers of medical 80nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of 81subsection (a) of section 6 of chapter 176O. 82 SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51 83of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 84 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition 85counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 86as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 87management, or treatment of a disease or condition. 88 SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by 89section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out 90subsection (g) and inserting in place thereof the following subsection:- 91 (g) Health maintenance organizations shall ensure that the rate of payment for in-network 92providers of behavioral health services and in-network providers of medical nutrition therapy 93delivered via interactive audio-video technology and audio-only telephone shall be no 94 less than the rate of payment for the same service delivered via in-person methods; 95provided, that this subsection shall apply to providers of behavioral health services and providers 6 of 6 96of medical nutrition therapy covered as required under subclause (i) of clause (4) of the second 97sentence of subsection (a) of section 6 of chapter 176O. 98 SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51 99of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 100 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition 101counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition 102as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, 103management, or treatment of a disease or condition. 104 SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section 10540 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) 106and inserting in place thereof the following subsection:- 107 (g) Organizations shall ensure that the rate of payment for in-network providers of 108behavioral health services and in-network providers of medical nutrition therapy delivered via 109interactive audio-video technology and audio-only telephone shall be no less than the rate of 110payment for the same service delivered via in-person methods; provided, that this subsection 111shall apply to providers of behavioral health services and providers of medical nutrition therapy 112covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of 113section 6 of chapter 176O.