1 | 1 | | 1 of 1 |
---|
2 | 2 | | HOUSE DOCKET, NO. 375 FILED ON: 1/8/2025 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1319 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Adam J. Scanlon and Kate Donaghue |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act related to comprehensive clinical and extended support services. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | 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 |
---|
16 | 16 | | HOUSE DOCKET, NO. 375 FILED ON: 1/8/2025 |
---|
17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1319 |
---|
18 | 18 | | By Representatives Scanlon of North Attleborough and Donaghue of Westborough, a petition |
---|
19 | 19 | | (accompanied by bill, House, No. 1319) of Adam J. Scanlon, James B. Eldridge and James K. |
---|
20 | 20 | | Hawkins relative to insurance coverage for comprehensive clinical and extended support |
---|
21 | 21 | | services. Financial Services. |
---|
22 | 22 | | The Commonwealth of Massachusetts |
---|
23 | 23 | | _______________ |
---|
24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
---|
25 | 25 | | (2025-2026) |
---|
26 | 26 | | _______________ |
---|
27 | 27 | | An Act related to comprehensive clinical and extended support services. |
---|
28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
29 | 29 | | of the same, as follows: |
---|
30 | 30 | | 1 SECTION 1. Section 17N of chapter 32A of the General Laws, as appearing in the 2022 |
---|
31 | 31 | | 2Official Edition, is hereby amended by inserting after the definition of “Clinical stabilization |
---|
32 | 32 | | 3services” the following definition:- |
---|
33 | 33 | | 4 “Transitional support services”, short-term, residential support services, as |
---|
34 | 34 | | 5defined by the department of public health, usually following clinical stabilization services, |
---|
35 | 35 | | 6which provide a safe and structured environment to support adults or adolescents through the |
---|
36 | 36 | | 7addiction recovery process and the transition to outpatient or other step-down addiction recovery |
---|
37 | 37 | | 8care. |
---|
38 | 38 | | 9 SECTION 2. Section 17N of chapter 32A is further amended by striking out the |
---|
39 | 39 | | 10fourth paragraph and inserting in place thereof the following paragraph:- 2 of 11 |
---|
40 | 40 | | 11 The commission shall provide for medically necessary acute treatment services, |
---|
41 | 41 | | 12medically necessary clinical stabilization services and medically necessary transitional support |
---|
42 | 42 | | 13services to an active or retired employee of the commonwealth who is insured under the group |
---|
43 | 43 | | 14insurance commission coverage for up to 30 days and shall not require preauthorization prior to |
---|
44 | 44 | | 15obtaining such acute treatment services, clinical stabilization services or transitional support |
---|
45 | 45 | | 16services. The facility providing such services shall notify the carrier of admission and the initial |
---|
46 | 46 | | 17treatment plan within 48 hours of admission, and within a reasonable time thereafter, shall |
---|
47 | 47 | | 18provide the carrier with a projected discharge plan for the member. The carrier’s utilization |
---|
48 | 48 | | 19review procedures may be initiated on day 14; provided, however, that a carrier shall not make |
---|
49 | 49 | | 20any utilization review decisions that impose any restriction or deny any future medically |
---|
50 | 50 | | 21necessary acute treatment, clinical stabilization or transitional support services unless a patient |
---|
51 | 51 | | 22has received at least 30 consecutive days of said services; and, provided further, that the |
---|
52 | 52 | | 23commission shall provide, without preauthorization, to any active or retired employee of the |
---|
53 | 53 | | 24commonwealth who is insured under the group insurance commission coverage for substance use |
---|
54 | 54 | | 25disorder evaluations ordered pursuant to section 51½ of chapter 111. Upon receipt of notification |
---|
55 | 55 | | 26by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the |
---|
56 | 56 | | 27treating clinician and member to offer care management and support services. |
---|
57 | 57 | | 28 Medical necessity shall be determined by the treating clinician in consultation |
---|
58 | 58 | | 29with the patient and noted in the patient’s medical record. |
---|
59 | 59 | | 30 SECTION 3. Section 10H of chapter 118E of the General Laws, inserted by |
---|
60 | 60 | | 31section 19 of chapter 258 of the acts of 2014, is hereby repealed. 3 of 11 |
---|
61 | 61 | | 32 SECTION 4. Said chapter 118E is hereby further amended by inserting after |
---|
62 | 62 | | 33section 10N the following section:- |
---|
63 | 63 | | 34 Section 10O. For the purposes of this section, the following words shall have the |
---|
64 | 64 | | 35following meanings unless the context clearly requires otherwise: |
---|
65 | 65 | | 36 “Acute treatment services”, 24-hour medically supervised addiction treatment for |
---|
66 | 66 | | 37adults or adolescents provided in a medically managed or medically monitored inpatient facility, |
---|
67 | 67 | | 38as defined by the department of public health, which provides evaluation and withdrawal |
---|
68 | 68 | | 39management and that may include biopsychosocial assessment, individual and group counseling, |
---|
69 | 69 | | 40psychoeducational groups and discharge planning. |
---|
70 | 70 | | 41 “Clinical stabilization services”, 24-hour clinically managed post detoxification |
---|
71 | 71 | | 42treatment for adults or adolescents, as defined by the department of public health, usually |
---|
72 | 72 | | 43following acute treatment services for substance abuse for individuals beginning to engage in |
---|
73 | 73 | | 44recovery from addiction, which may include intensive education and counseling regarding the |
---|
74 | 74 | | 45nature of addiction and its consequences, relapse prevention, outreach to families and significant |
---|
75 | 75 | | 46others and aftercare planning, for individuals beginning to engage in recovery from addiction. |
---|
76 | 76 | | 47 “Transitional support services”, short-term, residential support services, as |
---|
77 | 77 | | 48defined by the department of public health, usually following clinical stabilization services, |
---|
78 | 78 | | 49which provide a safe and structured environment to support adults or adolescents through the |
---|
79 | 79 | | 50addiction recovery process and the transition to outpatient or other step-down addiction recovery |
---|
80 | 80 | | 51care. |
---|
81 | 81 | | 52 The division and its contracted health insurers, health plans, health maintenance |
---|
82 | 82 | | 53organizations, behavioral health management firms and third-party administrators under contract 4 of 11 |
---|
83 | 83 | | 54to a Medicaid managed care organization or primary care clinician plan shall cover the cost of |
---|
84 | 84 | | 55medically necessary acute treatment services and shall not require preauthorization prior to |
---|
85 | 85 | | 56obtaining treatment. |
---|
86 | 86 | | 57 The division and its contracted health insurers, health plans, health maintenance |
---|
87 | 87 | | 58organizations, behavioral health management firms and third-party administrators under contract |
---|
88 | 88 | | 59to a Medicaid managed care organization or primary care clinician plan shall cover the cost of |
---|
89 | 89 | | 60medically necessary clinical stabilization services and medically necessary transitional support |
---|
90 | 90 | | 61services for up to 30 days and shall not require preauthorization prior to obtaining clinical |
---|
91 | 91 | | 62stabilization services or transitional support services. The facility providing such services shall |
---|
92 | 92 | | 63notify the carrier of admission and the initial treatment plan within 48 hours of admission and |
---|
93 | 93 | | 64within a reasonable time thereafter shall provide the carrier with a projected discharge plan for |
---|
94 | 94 | | 65the member. The carrier’s utilization review procedures may be initiated on day 14; provided, |
---|
95 | 95 | | 66however, that a carrier shall not make any utilization review decisions that impose any restriction |
---|
96 | 96 | | 67or deny any future medically necessary acute treatment, clinical stabilization or transitional |
---|
97 | 97 | | 68support services unless a patient has received at least 30 consecutive days of said services; and, |
---|
98 | 98 | | 69provided further, that the division and its contracted health insurers, health plans, health |
---|
99 | 99 | | 70maintenance organizations, behavioral health management firms and third party administrators |
---|
100 | 100 | | 71under contract to a Medicaid managed care organization or primary care clinician plan shall |
---|
101 | 101 | | 72cover, without preauthorization, substance use disorder evaluations ordered pursuant to section |
---|
102 | 102 | | 7351½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the |
---|
103 | 103 | | 74discharge plan, the carrier may provide outreach to the treating clinician and member to offer |
---|
104 | 104 | | 75care management and support services. 5 of 11 |
---|
105 | 105 | | 76 Medical necessity shall be determined by the treating clinician in consultation |
---|
106 | 106 | | 77with the patient and noted in the patient’s medical record. |
---|
107 | 107 | | 78 SECTION 5. Section 47GG of chapter 175 is hereby amended by inserting after |
---|
108 | 108 | | 79the definition of “Clinical stabilization services” the following definition:- |
---|
109 | 109 | | 80 “Transitional support services”, short-term, residential support services, as |
---|
110 | 110 | | 81defined by the department of public health, usually following clinical stabilization services, |
---|
111 | 111 | | 82which provide a safe and structured environment to support adults or adolescents through the |
---|
112 | 112 | | 83addiction recovery process and the transition to outpatient or other step-down addiction recovery |
---|
113 | 113 | | 84care. |
---|
114 | 114 | | 85 SECTION 6. Section 47GG of said chapter 175 is hereby further amended by |
---|
115 | 115 | | 86striking out the fourth paragraph and inserting in place thereof the following paragraph:- |
---|
116 | 116 | | 87 Any policy, contract, agreement, plan or certificate of insurance issued, delivered |
---|
117 | 117 | | 88or renewed within the commonwealth, which is considered creditable coverage under section 1 |
---|
118 | 118 | | 89of chapter 111M, shall provide coverage for medically necessary acute treatment services, |
---|
119 | 119 | | 90medically necessary clinical stabilization services and medically necessary transitional support |
---|
120 | 120 | | 91services for up to 30 days and shall not require preauthorization prior to obtaining acute |
---|
121 | 121 | | 92treatment services, clinical stabilization services or transitional support services. The facility |
---|
122 | 122 | | 93providing such services shall provide the carrier notification of admission and the initial |
---|
123 | 123 | | 94treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide |
---|
124 | 124 | | 95the carrier with a projected discharge plan for the member. The carrier’s utilization review |
---|
125 | 125 | | 96procedures may be initiated on day 14; provided, however, that a carrier shall not make any |
---|
126 | 126 | | 97utilization review decisions that impose any restriction or deny any future medically necessary 6 of 11 |
---|
127 | 127 | | 98acute treatment, clinical stabilization or transitional support services unless a patient has received |
---|
128 | 128 | | 99at least 30 consecutive days of said services; provided further, any policy, contract, agreement, |
---|
129 | 129 | | 100plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is |
---|
130 | 130 | | 101considered creditable coverage pursuant to section 1 of chapter 111M, shall cover, without |
---|
131 | 131 | | 102preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of chapter |
---|
132 | 132 | | 103111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the |
---|
133 | 133 | | 104carrier may provide outreach to the treating clinician and member to offer care management and |
---|
134 | 134 | | 105support services. |
---|
135 | 135 | | 106 Medical necessity shall be determined by the treating clinician in consultation |
---|
136 | 136 | | 107with the patient and noted in the patient’s medical record. |
---|
137 | 137 | | 108 SECTION 7. Section 8II of chapter 176A is hereby amended by inserting after the |
---|
138 | 138 | | 109definition of “Clinical stabilization services” the following definition:- |
---|
139 | 139 | | 110 “Transitional support services”, short-term, residential support services, as |
---|
140 | 140 | | 111defined by the department of public health, usually following clinical stabilization services, |
---|
141 | 141 | | 112which provide a safe and structured environment to support adults or adolescents through the |
---|
142 | 142 | | 113addiction recovery process and the transition to outpatient or other step-down addiction recovery |
---|
143 | 143 | | 114care. |
---|
144 | 144 | | 115 SECTION 8. Section 8II of said chapter 176A is hereby further amended by |
---|
145 | 145 | | 116striking out the fourth paragraph and inserting in place thereof the following paragraph:- |
---|
146 | 146 | | 117 Any contract between a subscriber and the corporation under an individual or |
---|
147 | 147 | | 118group hospital service plan that is delivered, issued or renewed within the commonwealth shall |
---|
148 | 148 | | 119provide coverage for medically necessary acute treatment services, medically necessary clinical 7 of 11 |
---|
149 | 149 | | 120stabilization services and medically necessary transitional support services for up to 30 days and |
---|
150 | 150 | | 121shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization |
---|
151 | 151 | | 122services or transitional support services. The facility providing such services shall provide the |
---|
152 | 152 | | 123carrier notification of admission and the initial treatment plan within 48 hours of admission and |
---|
153 | 153 | | 124within a reasonable time thereafter shall provide the carrier with a projected discharge plan for |
---|
154 | 154 | | 125the member. The carrier’s utilization review procedures may be initiated on day 14; provided, |
---|
155 | 155 | | 126however, that a carrier shall not make any utilization review decisions that impose any restriction |
---|
156 | 156 | | 127or deny any future medically necessary acute treatment, clinical stabilization or transitional |
---|
157 | 157 | | 128support services unless a patient has received at least 30 consecutive days of said services; |
---|
158 | 158 | | 129provided further, any contract between a subscriber and the corporation under an individual or |
---|
159 | 159 | | 130group hospital service plan that is delivered, issued or renewed within the commonwealth, shall |
---|
160 | 160 | | 131cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section |
---|
161 | 161 | | 13251½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the |
---|
162 | 162 | | 133discharge plan, the carrier may provide outreach to the treating clinician and member to offer |
---|
163 | 163 | | 134care management and support services. |
---|
164 | 164 | | 135 Medical necessity shall be determined by the treating clinician in consultation |
---|
165 | 165 | | 136with the patient and noted in the patient’s medical record. |
---|
166 | 166 | | 137 SECTION 9. Section 4II of chapter 176B is hereby amended by inserting after the |
---|
167 | 167 | | 138definition of “Clinical stabilization services” the following definition:- |
---|
168 | 168 | | 139 “Transitional support services”, short-term, residential support services, as |
---|
169 | 169 | | 140defined by the department of public health, usually following clinical stabilization services, |
---|
170 | 170 | | 141which provide a safe and structured environment to support adults or adolescents through the 8 of 11 |
---|
171 | 171 | | 142addiction recovery process and the transition to outpatient or other step-down addiction recovery |
---|
172 | 172 | | 143care. |
---|
173 | 173 | | 144 SECTION 10. Section 4II of said chapter 176B is hereby further amended by |
---|
174 | 174 | | 145striking out the fourth paragraph and inserting in place thereof the following paragraph:- |
---|
175 | 175 | | 146 Any subscription certificate under an individual or group medical service |
---|
176 | 176 | | 147agreement delivered, issued or renewed within the commonwealth shall provide coverage for |
---|
177 | 177 | | 148medically necessary acute treatment services, medically necessary clinical stabilization services |
---|
178 | 178 | | 149and medically necessary transitional support services for up to 30 days and shall not require |
---|
179 | 179 | | 150preauthorization prior to obtaining acute treatment services, clinical stabilization services or |
---|
180 | 180 | | 151transitional support services. The facility providing such services shall provide the carrier |
---|
181 | 181 | | 152notification of admission and the initial treatment plan within 48 hours of admission and within a |
---|
182 | 182 | | 153reasonable time thereafter shall provide the carrier with a projected discharge plan for the |
---|
183 | 183 | | 154member. The carrier’s utilization review procedures may be initiated on day 14; provided, |
---|
184 | 184 | | 155however, that a carrier shall not make any utilization review decisions that impose any restriction |
---|
185 | 185 | | 156or deny any future medically necessary acute treatment, clinical stabilization or transitional |
---|
186 | 186 | | 157support services unless a patient has received at least 30 consecutive days of said services; |
---|
187 | 187 | | 158provided further, any subscription certificate under an individual or group medical service |
---|
188 | 188 | | 159agreement delivered, issued or renewed within the commonwealth shall provide coverage for, |
---|
189 | 189 | | 160without preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of |
---|
190 | 190 | | 161chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge |
---|
191 | 191 | | 162plan, the carrier may provide outreach to the treating clinician and member to offer care |
---|
192 | 192 | | 163management and support services. 9 of 11 |
---|
193 | 193 | | 164 Medical necessity shall be determined by the treating clinician in consultation |
---|
194 | 194 | | 165with the patient and noted in the patient’s medical record. |
---|
195 | 195 | | 166 SECTION 11. Section 4AA of chapter 176G is hereby amended by inserting after |
---|
196 | 196 | | 167the definition of “Clinical stabilization services” the following definition:- |
---|
197 | 197 | | 168 “Transitional support services”, short-term, residential support services, as |
---|
198 | 198 | | 169defined by the department of public health, usually following clinical stabilization services, |
---|
199 | 199 | | 170which provide a safe and structured environment to support adults or adolescents through the |
---|
200 | 200 | | 171addiction recovery process and the transition to outpatient or other step-down addiction recovery |
---|
201 | 201 | | 172care. |
---|
202 | 202 | | 173 SECTION 12. Said section 4AA is hereby further amended by striking out the |
---|
203 | 203 | | 174fourth paragraph and inserting in place thereof the following paragraph:- |
---|
204 | 204 | | 175 An individual or group health maintenance contract that is issued or renewed shall |
---|
205 | 205 | | 176provide coverage for medically necessary acute treatment services, medically necessary clinical |
---|
206 | 206 | | 177stabilization services and medically necessary transitional support services for up to 30 days and |
---|
207 | 207 | | 178shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization |
---|
208 | 208 | | 179services or transitional support services. The facility providing such services shall provide the |
---|
209 | 209 | | 180carrier notification of admission and the initial treatment plan within 48 hours of admission and |
---|
210 | 210 | | 181within a reasonable time thereafter shall provide the carrier with a projected discharge plan for |
---|
211 | 211 | | 182the member. The carrier’s utilization review procedures may be initiated on day 14; provided, |
---|
212 | 212 | | 183however, that a carrier shall not make any utilization review decisions that impose any restriction |
---|
213 | 213 | | 184or deny any future medically necessary acute treatment, clinical stabilization or transitional |
---|
214 | 214 | | 185support services unless a patient has received at least 30 consecutive days of said services; 10 of 11 |
---|
215 | 215 | | 186provided further, an individual or group health maintenance contract that is issued or renewed |
---|
216 | 216 | | 187shall provide coverage for, without preauthorization, a substance abuse evaluation ordered |
---|
217 | 217 | | 188pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and |
---|
218 | 218 | | 189receipt of the discharge plan, the carrier may provide outreach to the treating clinician and |
---|
219 | 219 | | 190member to offer care management and support services. |
---|
220 | 220 | | 191 Medical necessity shall be determined by the treating clinician in consultation |
---|
221 | 221 | | 192with the patient and noted in the patient’s medical record. |
---|
222 | 222 | | 193 SECTION 13. The center for health information and analysis, in consultation with |
---|
223 | 223 | | 194the division of insurance, the department of public health, the office of Medicaid and the health |
---|
224 | 224 | | 195policy commission, shall conduct reviews on the 14 day mandated coverage of acute treatment |
---|
225 | 225 | | 196services, clinical stabilization services and the long-term effects of the increase in covered days |
---|
226 | 226 | | 197from 14 days to 30 days related to the mandated benefits for acute treatment services, clinical |
---|
227 | 227 | | 198stabilization services and transitional support services on the following areas: (i) the continuum |
---|
228 | 228 | | 199of care for substance use disorder treatment; (ii) access to the continuum of care for patients |
---|
229 | 229 | | 200eligible for MassHealth and department of public health programs; (iii) access to the continuum |
---|
230 | 230 | | 201of care for commercially insured patients; and (iv) any changes in costs to MassHealth, the |
---|
231 | 231 | | 202department of public health and health insurance carriers. The center shall provide an initial |
---|
232 | 232 | | 203report not later than October 1, 2026 on the effects of the 14 day mandated coverage of acute |
---|
233 | 233 | | 204treatment services and clinical stabilization services to the areas listed above and a final report |
---|
234 | 234 | | 205not later than October 1, 2028 on the effects of the 30 day mandated coverage of acute treatment |
---|
235 | 235 | | 206services, clinical stabilization services and transitional support services to the areas listed above. 11 of 11 |
---|
236 | 236 | | 207 The initial report and final report shall be posted on the center’s website and shall |
---|
237 | 237 | | 208be filed with the clerks of the house of representatives and senate, the house and senate chairs of |
---|
238 | 238 | | 209the committee on financial services, the house and senate chairs of the committee on health care |
---|
239 | 239 | | 210financing, the house and senate chairs of the committee on public health and the house and |
---|
240 | 240 | | 211senate committees on ways and means not later than October 1, 2026 and October 1, 2028, |
---|
241 | 241 | | 212respectively. |
---|
242 | 242 | | 213 SECTION 14. Sections 1 through 12, inclusive, shall take effect October 1, 2026. |
---|