Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1319 Compare Versions

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22 HOUSE DOCKET, NO. 375 FILED ON: 1/8/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1319
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Adam J. Scanlon and Kate Donaghue
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 related to comprehensive clinical and extended support services.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Adam J. Scanlon14th Bristol1/8/2025James B. EldridgeMiddlesex and Worcester2/9/2025James K. Hawkins2nd Bristol2/12/2025 1 of 11
1616 HOUSE DOCKET, NO. 375 FILED ON: 1/8/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1319
1818 By Representatives Scanlon of North Attleborough and Donaghue of Westborough, a petition
1919 (accompanied by bill, House, No. 1319) of Adam J. Scanlon, James B. Eldridge and James K.
2020 Hawkins relative to insurance coverage for comprehensive clinical and extended support
2121 services. Financial Services.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act related to comprehensive clinical and extended support services.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 17N of chapter 32A of the General Laws, as appearing in the 2022
3131 2Official Edition, is hereby amended by inserting after the definition of “Clinical stabilization
3232 3services” the following definition:-
3333 4 “Transitional support services”, short-term, residential support services, as
3434 5defined by the department of public health, usually following clinical stabilization services,
3535 6which provide a safe and structured environment to support adults or adolescents through the
3636 7addiction recovery process and the transition to outpatient or other step-down addiction recovery
3737 8care.
3838 9 SECTION 2. Section 17N of chapter 32A is further amended by striking out the
3939 10fourth paragraph and inserting in place thereof the following paragraph:- 2 of 11
4040 11 The commission shall provide for medically necessary acute treatment services,
4141 12medically necessary clinical stabilization services and medically necessary transitional support
4242 13services to an active or retired employee of the commonwealth who is insured under the group
4343 14insurance commission coverage for up to 30 days and shall not require preauthorization prior to
4444 15obtaining such acute treatment services, clinical stabilization services or transitional support
4545 16services. The facility providing such services shall notify the carrier of admission and the initial
4646 17treatment plan within 48 hours of admission, and within a reasonable time thereafter, shall
4747 18provide the carrier with a projected discharge plan for the member. The carrier’s utilization
4848 19review procedures may be initiated on day 14; provided, however, that a carrier shall not make
4949 20any utilization review decisions that impose any restriction or deny any future medically
5050 21necessary acute treatment, clinical stabilization or transitional support services unless a patient
5151 22has received at least 30 consecutive days of said services; and, provided further, that the
5252 23commission shall provide, without preauthorization, to any active or retired employee of the
5353 24commonwealth who is insured under the group insurance commission coverage for substance use
5454 25disorder evaluations ordered pursuant to section 51½ of chapter 111. Upon receipt of notification
5555 26by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the
5656 27treating clinician and member to offer care management and support services.
5757 28 Medical necessity shall be determined by the treating clinician in consultation
5858 29with the patient and noted in the patient’s medical record.
5959 30 SECTION 3. Section 10H of chapter 118E of the General Laws, inserted by
6060 31section 19 of chapter 258 of the acts of 2014, is hereby repealed. 3 of 11
6161 32 SECTION 4. Said chapter 118E is hereby further amended by inserting after
6262 33section 10N the following section:-
6363 34 Section 10O. For the purposes of this section, the following words shall have the
6464 35following meanings unless the context clearly requires otherwise:
6565 36 “Acute treatment services”, 24-hour medically supervised addiction treatment for
6666 37adults or adolescents provided in a medically managed or medically monitored inpatient facility,
6767 38as defined by the department of public health, which provides evaluation and withdrawal
6868 39management and that may include biopsychosocial assessment, individual and group counseling,
6969 40psychoeducational groups and discharge planning.
7070 41 “Clinical stabilization services”, 24-hour clinically managed post detoxification
7171 42treatment for adults or adolescents, as defined by the department of public health, usually
7272 43following acute treatment services for substance abuse for individuals beginning to engage in
7373 44recovery from addiction, which may include intensive education and counseling regarding the
7474 45nature of addiction and its consequences, relapse prevention, outreach to families and significant
7575 46others and aftercare planning, for individuals beginning to engage in recovery from addiction.
7676 47 “Transitional support services”, short-term, residential support services, as
7777 48defined by the department of public health, usually following clinical stabilization services,
7878 49which provide a safe and structured environment to support adults or adolescents through the
7979 50addiction recovery process and the transition to outpatient or other step-down addiction recovery
8080 51care.
8181 52 The division and its contracted health insurers, health plans, health maintenance
8282 53organizations, behavioral health management firms and third-party administrators under contract 4 of 11
8383 54to a Medicaid managed care organization or primary care clinician plan shall cover the cost of
8484 55medically necessary acute treatment services and shall not require preauthorization prior to
8585 56obtaining treatment.
8686 57 The division and its contracted health insurers, health plans, health maintenance
8787 58organizations, behavioral health management firms and third-party administrators under contract
8888 59to a Medicaid managed care organization or primary care clinician plan shall cover the cost of
8989 60medically necessary clinical stabilization services and medically necessary transitional support
9090 61services for up to 30 days and shall not require preauthorization prior to obtaining clinical
9191 62stabilization services or transitional support services. The facility providing such services shall
9292 63notify the carrier of admission and the initial treatment plan within 48 hours of admission and
9393 64within a reasonable time thereafter shall provide the carrier with a projected discharge plan for
9494 65the member. The carrier’s utilization review procedures may be initiated on day 14; provided,
9595 66however, that a carrier shall not make any utilization review decisions that impose any restriction
9696 67or deny any future medically necessary acute treatment, clinical stabilization or transitional
9797 68support services unless a patient has received at least 30 consecutive days of said services; and,
9898 69provided further, that the division and its contracted health insurers, health plans, health
9999 70maintenance organizations, behavioral health management firms and third party administrators
100100 71under contract to a Medicaid managed care organization or primary care clinician plan shall
101101 72cover, without preauthorization, substance use disorder evaluations ordered pursuant to section
102102 7351½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the
103103 74discharge plan, the carrier may provide outreach to the treating clinician and member to offer
104104 75care management and support services. 5 of 11
105105 76 Medical necessity shall be determined by the treating clinician in consultation
106106 77with the patient and noted in the patient’s medical record.
107107 78 SECTION 5. Section 47GG of chapter 175 is hereby amended by inserting after
108108 79the definition of “Clinical stabilization services” the following definition:-
109109 80 “Transitional support services”, short-term, residential support services, as
110110 81defined by the department of public health, usually following clinical stabilization services,
111111 82which provide a safe and structured environment to support adults or adolescents through the
112112 83addiction recovery process and the transition to outpatient or other step-down addiction recovery
113113 84care.
114114 85 SECTION 6. Section 47GG of said chapter 175 is hereby further amended by
115115 86striking out the fourth paragraph and inserting in place thereof the following paragraph:-
116116 87 Any policy, contract, agreement, plan or certificate of insurance issued, delivered
117117 88or renewed within the commonwealth, which is considered creditable coverage under section 1
118118 89of chapter 111M, shall provide coverage for medically necessary acute treatment services,
119119 90medically necessary clinical stabilization services and medically necessary transitional support
120120 91services for up to 30 days and shall not require preauthorization prior to obtaining acute
121121 92treatment services, clinical stabilization services or transitional support services. The facility
122122 93providing such services shall provide the carrier notification of admission and the initial
123123 94treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide
124124 95the carrier with a projected discharge plan for the member. The carrier’s utilization review
125125 96procedures may be initiated on day 14; provided, however, that a carrier shall not make any
126126 97utilization review decisions that impose any restriction or deny any future medically necessary 6 of 11
127127 98acute treatment, clinical stabilization or transitional support services unless a patient has received
128128 99at least 30 consecutive days of said services; provided further, any policy, contract, agreement,
129129 100plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is
130130 101considered creditable coverage pursuant to section 1 of chapter 111M, shall cover, without
131131 102preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of chapter
132132 103111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the
133133 104carrier may provide outreach to the treating clinician and member to offer care management and
134134 105support services.
135135 106 Medical necessity shall be determined by the treating clinician in consultation
136136 107with the patient and noted in the patient’s medical record.
137137 108 SECTION 7. Section 8II of chapter 176A is hereby amended by inserting after the
138138 109definition of “Clinical stabilization services” the following definition:-
139139 110 “Transitional support services”, short-term, residential support services, as
140140 111defined by the department of public health, usually following clinical stabilization services,
141141 112which provide a safe and structured environment to support adults or adolescents through the
142142 113addiction recovery process and the transition to outpatient or other step-down addiction recovery
143143 114care.
144144 115 SECTION 8. Section 8II of said chapter 176A is hereby further amended by
145145 116striking out the fourth paragraph and inserting in place thereof the following paragraph:-
146146 117 Any contract between a subscriber and the corporation under an individual or
147147 118group hospital service plan that is delivered, issued or renewed within the commonwealth shall
148148 119provide coverage for medically necessary acute treatment services, medically necessary clinical 7 of 11
149149 120stabilization services and medically necessary transitional support services for up to 30 days and
150150 121shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization
151151 122services or transitional support services. The facility providing such services shall provide the
152152 123carrier notification of admission and the initial treatment plan within 48 hours of admission and
153153 124within a reasonable time thereafter shall provide the carrier with a projected discharge plan for
154154 125the member. The carrier’s utilization review procedures may be initiated on day 14; provided,
155155 126however, that a carrier shall not make any utilization review decisions that impose any restriction
156156 127or deny any future medically necessary acute treatment, clinical stabilization or transitional
157157 128support services unless a patient has received at least 30 consecutive days of said services;
158158 129provided further, any contract between a subscriber and the corporation under an individual or
159159 130group hospital service plan that is delivered, issued or renewed within the commonwealth, shall
160160 131cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section
161161 13251½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the
162162 133discharge plan, the carrier may provide outreach to the treating clinician and member to offer
163163 134care management and support services.
164164 135 Medical necessity shall be determined by the treating clinician in consultation
165165 136with the patient and noted in the patient’s medical record.
166166 137 SECTION 9. Section 4II of chapter 176B is hereby amended by inserting after the
167167 138definition of “Clinical stabilization services” the following definition:-
168168 139 “Transitional support services”, short-term, residential support services, as
169169 140defined by the department of public health, usually following clinical stabilization services,
170170 141which provide a safe and structured environment to support adults or adolescents through the 8 of 11
171171 142addiction recovery process and the transition to outpatient or other step-down addiction recovery
172172 143care.
173173 144 SECTION 10. Section 4II of said chapter 176B is hereby further amended by
174174 145striking out the fourth paragraph and inserting in place thereof the following paragraph:-
175175 146 Any subscription certificate under an individual or group medical service
176176 147agreement delivered, issued or renewed within the commonwealth shall provide coverage for
177177 148medically necessary acute treatment services, medically necessary clinical stabilization services
178178 149and medically necessary transitional support services for up to 30 days and shall not require
179179 150preauthorization prior to obtaining acute treatment services, clinical stabilization services or
180180 151transitional support services. The facility providing such services shall provide the carrier
181181 152notification of admission and the initial treatment plan within 48 hours of admission and within a
182182 153reasonable time thereafter shall provide the carrier with a projected discharge plan for the
183183 154member. The carrier’s utilization review procedures may be initiated on day 14; provided,
184184 155however, that a carrier shall not make any utilization review decisions that impose any restriction
185185 156or deny any future medically necessary acute treatment, clinical stabilization or transitional
186186 157support services unless a patient has received at least 30 consecutive days of said services;
187187 158provided further, any subscription certificate under an individual or group medical service
188188 159agreement delivered, issued or renewed within the commonwealth shall provide coverage for,
189189 160without preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of
190190 161chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge
191191 162plan, the carrier may provide outreach to the treating clinician and member to offer care
192192 163management and support services. 9 of 11
193193 164 Medical necessity shall be determined by the treating clinician in consultation
194194 165with the patient and noted in the patient’s medical record.
195195 166 SECTION 11. Section 4AA of chapter 176G is hereby amended by inserting after
196196 167the definition of “Clinical stabilization services” the following definition:-
197197 168 “Transitional support services”, short-term, residential support services, as
198198 169defined by the department of public health, usually following clinical stabilization services,
199199 170which provide a safe and structured environment to support adults or adolescents through the
200200 171addiction recovery process and the transition to outpatient or other step-down addiction recovery
201201 172care.
202202 173 SECTION 12. Said section 4AA is hereby further amended by striking out the
203203 174fourth paragraph and inserting in place thereof the following paragraph:-
204204 175 An individual or group health maintenance contract that is issued or renewed shall
205205 176provide coverage for medically necessary acute treatment services, medically necessary clinical
206206 177stabilization services and medically necessary transitional support services for up to 30 days and
207207 178shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization
208208 179services or transitional support services. The facility providing such services shall provide the
209209 180carrier notification of admission and the initial treatment plan within 48 hours of admission and
210210 181within a reasonable time thereafter shall provide the carrier with a projected discharge plan for
211211 182the member. The carrier’s utilization review procedures may be initiated on day 14; provided,
212212 183however, that a carrier shall not make any utilization review decisions that impose any restriction
213213 184or deny any future medically necessary acute treatment, clinical stabilization or transitional
214214 185support services unless a patient has received at least 30 consecutive days of said services; 10 of 11
215215 186provided further, an individual or group health maintenance contract that is issued or renewed
216216 187shall provide coverage for, without preauthorization, a substance abuse evaluation ordered
217217 188pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and
218218 189receipt of the discharge plan, the carrier may provide outreach to the treating clinician and
219219 190member to offer care management and support services.
220220 191 Medical necessity shall be determined by the treating clinician in consultation
221221 192with the patient and noted in the patient’s medical record.
222222 193 SECTION 13. The center for health information and analysis, in consultation with
223223 194the division of insurance, the department of public health, the office of Medicaid and the health
224224 195policy commission, shall conduct reviews on the 14 day mandated coverage of acute treatment
225225 196services, clinical stabilization services and the long-term effects of the increase in covered days
226226 197from 14 days to 30 days related to the mandated benefits for acute treatment services, clinical
227227 198stabilization services and transitional support services on the following areas: (i) the continuum
228228 199of care for substance use disorder treatment; (ii) access to the continuum of care for patients
229229 200eligible for MassHealth and department of public health programs; (iii) access to the continuum
230230 201of care for commercially insured patients; and (iv) any changes in costs to MassHealth, the
231231 202department of public health and health insurance carriers. The center shall provide an initial
232232 203report not later than October 1, 2026 on the effects of the 14 day mandated coverage of acute
233233 204treatment services and clinical stabilization services to the areas listed above and a final report
234234 205not later than October 1, 2028 on the effects of the 30 day mandated coverage of acute treatment
235235 206services, clinical stabilization services and transitional support services to the areas listed above. 11 of 11
236236 207 The initial report and final report shall be posted on the center’s website and shall
237237 208be filed with the clerks of the house of representatives and senate, the house and senate chairs of
238238 209the committee on financial services, the house and senate chairs of the committee on health care
239239 210financing, the house and senate chairs of the committee on public health and the house and
240240 211senate committees on ways and means not later than October 1, 2026 and October 1, 2028,
241241 212respectively.
242242 213 SECTION 14. Sections 1 through 12, inclusive, shall take effect October 1, 2026.