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2 | 2 | | HOUSE DOCKET, NO. 2860 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1406 |
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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 | | Lindsay N. Sabadosa |
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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 improve continuity of care for MassHealth members with chronic conditions. |
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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:Lindsay N. Sabadosa1st Hampshire1/16/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2860 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1406 |
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18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1406) |
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19 | 19 | | of Lindsay N. Sabadosa relative to continuity of care for MassHealth members with chronic |
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20 | 20 | | conditions. Health Care Financing. |
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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 improve continuity of care for MassHealth members with chronic conditions. |
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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 118E of the General Laws is hereby amended by adding, before |
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30 | 30 | | 2Chapter D, the following new section: |
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31 | 31 | | 3 Section 9C1/2. Prior Authorization Requirements Related to Community-based Long- |
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32 | 32 | | 4term Care for MassHealth Members with Chronic Conditions. |
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33 | 33 | | 5 (1) For purposes of this section, the following terms shall have the following definitions: |
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34 | 34 | | 6 “Community long-term care services” shall include, but is not limited to: Adult Day |
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35 | 35 | | 7Health, Adult Foster Care, Group Adult Foster Care, Day Habilitation, Home Health Aide, |
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36 | 36 | | 8Personal Care Attendant Services, and all services described in the Frail Elder Waiver that was in |
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37 | 37 | | 9effect as of April 1, 2024, provided that these long-term care services include services itemized |
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38 | 38 | | 10in the Frail Elder Waiver as well as said services included in any other 1915(c) waiver in effect |
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39 | 39 | | 11as of April 1, 2024; 2 of 2 |
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40 | 40 | | 12 “Chronic condition” is a health condition or disease that is persistent or otherwise |
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41 | 41 | | 13expected to last longer than one year; include intellectual or developmental disabilities. |
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42 | 42 | | 14 (2) Where the agency requires prior authorization for long-term services and supports, |
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43 | 43 | | 15prior authorization for long-term services and supports that address a chronic condition shall |
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44 | 44 | | 16issue for the duration of the prescribed or ordered service for a prior authorization period of up to |
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45 | 45 | | 17five (5) years. |
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46 | 46 | | 18 Nothing in this section shall preclude MassHealth or its authorized agent from modifying |
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47 | 47 | | 19a service plan at the request of the member or a primary care provider in response to a change in |
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48 | 48 | | 20a member’s condition and their corresponding service need. |
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49 | 49 | | 21 Section 2. Section 4B of Chapter 19A of the General Laws is hereby amended by adding, |
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50 | 50 | | 22after the fourth paragraph, the following paragraph: |
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51 | 51 | | 23 Regarding the service authorization duties enabled by paragraph one in this section, |
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52 | 52 | | 24where a skilled medical provider employed by an ASAP conducts screening activities and |
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53 | 53 | | 25service authorizations for community long-term care services for which the ASAP will not be the |
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54 | 54 | | 26direct service provider, the service authorization shall constitute a prior authorization for |
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55 | 55 | | 27community long-term care services. ASAPs shall work to promote the prompt delivery of |
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56 | 56 | | 28services pursuant to a service plan. The provisions of this paragraph shall apply to the senior care |
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57 | 57 | | 29options initiative established by section 9D of Chapter 118E. Nothing in this section shall |
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58 | 58 | | 30preclude MassHealth or its authorized agent from modifying a service plan at the direction of the |
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59 | 59 | | 31member or a primary care provider in response to a change in a member’s condition and their |
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60 | 60 | | 32corresponding service need. |
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