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