Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2202 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4178 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2202
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 creating parity for mental and behavioral health services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/17/2025 1 of 6
16	16	HOUSE DOCKET, NO. 4178 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2202
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2202) of
19	19	Marjorie C. Decker relative to mental and behavioral health services. Mental Health, Substance
20	20	Use and Recovery.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act creating parity for mental and behavioral health services.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 16 of chapter 6A, of the General Laws, as appearing in the 2022
30	30	2Official Edition, is amended by adding, at the end thereof, the following new paragraph:
31	31	3 "And provided further that the secretary of the executive office of health and human
32	32	4services shall ensure that network hospitals are compensated at their full negotiated rate for
33	33	5behavioral health services provided to MassHealth patients who are also clients of agencies
34	34	6within the executive office of health and human services and for whom no appropriate alternative
35	35	7placement is available. Provided however, such compensation shall only be provided if the
36	36	8hospital can document that it has engaged in good faith efforts to place said clients in any
37	37	9appropriate alternative setting."
38	38	10 SECTION 2. Section 22 of chapter 32A of the General Laws, as appearing in the 2022
39	39	11Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
40	40	12the following subsection:-  2 of 6
41	41	13 (a) The commission shall provide to any active or retired employee of the commonwealth
42	42	14who is insured under the group insurance commission coverage on a nondiscriminatory basis for
43	43	15the diagnosis and medically necessary treatment of any mental disorder including autism
44	44	16spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical
45	45	17Manual of Mental Disorders (DSM) or the most current version of the International
46	46	18Classification of Diseases (ICD).
47	47	19 SECTION 3. Said section 22 of said chapter 32A, as so appearing, is hereby further
48	48	20amended by striking out subsections (b) and (e).
49	49	21 SECTION 4. Section 47B of chapter 175 of the General Laws, as so appearing, is hereby
50	50	22amended by striking out subsection (a) and inserting in place thereof the following subsection:-
51	51	23 (a) Section 47B. (a) An individual policy of accident and sickness insurance issued
52	52	24pursuant to section 108, which provides hospital expense and surgical expense insurance, and a
53	53	25group blanket or general policy of accident and sickness insurance issued pursuant to section
54	54	26110, which provides hospital expense and surgical expense insurance, which is issued or
55	55	27renewed within or without the commonwealth, shall provide mental health benefits on a
56	56	28nondiscriminatory basis to residents of the commonwealth and to all policyholders having a
57	57	29principal place of employment in the commonwealth coverage on a nondiscriminatory basis for
58	58	30the diagnosis and medically necessary treatment of any mental disorder including autism
59	59	31spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical
60	60	32Manual of Mental Disorders (DSM) or the most current version of the International
61	61	33Classification of Diseases (ICD). 3 of 6
62	62	34 SECTION 5. Said section 47B of said chapter 175, as so appearing, is hereby further
63	63	35amended by striking out subsections (b) and (e).
64	64	36 SECTION 6. Section 8A of chapter 176A of the General Laws, as appearing in the 2022
65	65	37Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
66	66	38the following subsection:-
67	67	39 Section 8A. (a) A contract between a subscriber and the corporation under an individual
68	68	40or group hospital service plan which is issued or renewed within or without the commonwealth
69	69	41shall provide mental health benefits on a nondiscriminatory basis to residents of the
70	70	42commonwealth and to all individual subscribers and members and group members having a
71	71	43principal place of employment in the commonwealth for the diagnosis and medically necessary
72	72	44treatment of any mental disorder including autism spectrum disorder, as described in the most
73	73	45recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most
74	74	46current version of the International Classification of Diseases (ICD).
75	75	47 SECTION 7. Section 8A of chapter 176A of the General Laws, as appearing in the 2022
76	76	48Official Edition, is hereby amended by striking out subsections (b) and (e).
77	77	49 SECTION 8. Section 4A of chapter 176B of the General Laws, as so appearing, is hereby
78	78	50amended by striking out subsection (a) and inserting in place thereof the following subsection:-
79	79	51 (a) A subscription certificate under an individual or group medical service agreement
80	80	52which is issued or renewed within or without the commonwealth shall provide mental health
81	81	53benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual
82	82	54subscribers and members within the commonwealth and to all group members having a principal
83	83	55place of employment in the commonwealth for the diagnosis and medically necessary treatment 4 of 6
84	84	56of any mental disorder including autism spectrum disorder, as described in the most recent
85	85	57edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most current
86	86	58version of the International Classification of Diseases (ICD).
87	87	59 SECTION 9. Section 4A of chapter 176B of the General Laws, as so appearing, is hereby
88	88	60amended by striking out subsections (b) and (e).
89	89	61 SECTION 10. Section 4M of said chapter 176G, as so appearing, is hereby further
90	90	62amended by striking out subsection (a) and inserting in place thereof the following subsection:—
91	91	63
92	92	64 (a) A health maintenance contract issued or renewed within or without the
93	93	65commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of
94	94	66the commonwealth and to all members or enrollees having a principal place of employment in
95	95	67the commonwealth for the diagnosis and medically necessary treatment of any mental disorder
96	96	68including autism spectrum disorder, as described in the most recent edition of the Diagnostic and
97	97	69Statistical Manual of Mental Disorders (DSM) or the most current version of the International
98	98	70Classification of Diseases (ICD)
99	99	71 SECTION 11. Section 4M of said chapter 176G, as so appearing, is hereby further
100	100	72amended by striking out subsection (b) and (e).
101	101	73 SECTION 12. All policies, contracts and certificates of health insurance subject to
102	102	74section 22 of chapter 32A, section 47B of chapter 175, section 8A of chapter 176A, section 4A
103	103	75of chapter 176B, or section 4M of chapter 176G of the General Laws that are delivered, issued or
104	104	76renewed on or after July 1, 2026 shall conform with this act. Form filings implementing this act
105	105	77shall be subject to the approval of the commissioner of insurance.   5 of 6
106	106	78 SECTION 13. Section 108 of chapter 175 of the General Laws is hereby amended by
107	107	79adding the following:-
108	108	80 "13. No individual policy of short-term or long-term disability insurance providing
109	109	81income replacement benefits that is issued or renewed in the Commonwealth shall discriminate
110	110	82against persons disabled due to a mental health condition. “Mental health condition” is defined
111	111	83as any condition or disorder involving mental illness or substance use that falls under any of the
112	112	84diagnostic categories listed in the mental, behavioral or neurodevelopmental disorders section of
113	113	85the international classification of disease, as periodically revised. Discrimination includes:
114	114	86 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability
115	115	87results from a mental health condition as defined herein.
116	116	88 2. Limitations on benefits or coverage exclusions for any disability resulting from a
117	117	89mental health condition that are not applied equally to all disabilities."
118	118	90 SECTION 14. Section 110 of chapter 175 of the General Laws is hereby amended by
119	119	91adding the following subsection:-
120	120	92 "Q. No certificate of coverage under a group policy of short-term or long-term disability
121	121	93insurance providing income replacement benefits that is issued or renewed in the Commonwealth
122	122	94shall discriminate against persons disabled due to a mental health condition. "Mental health
123	123	95condition" is defined as any condition or disorder involving mental illness or substance use that
124	124	96falls under any of the diagnostic categories listed in the mental, behavioral or
125	125	97neurodevelopmental disorders section of the international classification of disease, as
126	126	98periodically revised. Discrimination includes: 6 of 6
127	127	99 1. Limiting benefits or excluding coverage for disabilities on the basis that the disability
128	128	100results from a mental health condition as defined herein.
129	129	101 2. Limitations on benefits or coverage exclusions for any disability resulting from a
130	130	102mental health condition that are not applied equally to all disabilities."
131	131	103 SECTION 15. Nothing established in the preceding sections, Sections 13 and 14, of this
132	132	104act, shall be construed to prohibit periodic medical exams or other procedures reasonably
133	133	105calculated to determine whether or not a disability exists, or continues to exist; provided said
134	134	106examinations, procedures or protocols are comparable and no more frequent or onerous than
135	135	107those required for disabilities caused by physical disorders.