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2 | 2 | | SENATE DOCKET, NO. 1467 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1390 |
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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 | | Julian Cyr |
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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 relative to access to psychiatric collaborative care. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 1467 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1390 |
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18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1390) of Julian Cyr for legislation |
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19 | 19 | | relative to access to psychiatric collaborative care. Mental Health, Substance Use and Recovery. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to access to psychiatric collaborative care. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 177 of the acts of 2022 is hereby amended by striking out Section |
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29 | 29 | | 284 and inserting in place thereof the following section:- |
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30 | 30 | | 3 Section 84. For the purposes of section 22A of chapter 32A of the General Laws, section |
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31 | 31 | | 410P of chapter 118E of the General Laws, section 47QQ of chapter 175 of the General Laws, |
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32 | 32 | | 5section 8RR of chapter 176A of the General Laws, section 4RR of chapter 176B of the General |
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33 | 33 | | 6Laws and section 4JJ of chapter 176G of the General Laws, reimbursement for the psychiatric |
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34 | 34 | | 7collaborative care model shall include, but not be limited to, the following current procedural |
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35 | 35 | | 8terminology billing codes: (i) 99492; (ii) 99493; (iii) 99494; and (iv) G2214. |
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36 | 36 | | 9 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
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37 | 37 | | 10section 13L the following section:- |
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38 | 38 | | 11 Section 13M. (a) For the purposes of this section, “psychiatric collaborative care model” |
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39 | 39 | | 12shall mean the evidence-based, integrated behavioral health service delivery method in which a 2 of 4 |
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40 | 40 | | 13primary care team consisting of a primary care provider and a care manager provides structured |
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41 | 41 | | 14care management to a patient, and that works in collaboration with a psychiatric consultant that |
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42 | 42 | | 15provides regular consultations to the primary care team to review the clinical status and care of |
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43 | 43 | | 16patients and to make recommendations. |
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44 | 44 | | 17 “Managed care entity”, all contracted health insurers, health plans, health maintenance |
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45 | 45 | | 18organizations, behavioral health management firms and third party administrators under contract |
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46 | 46 | | 19to a Medicaid managed care organization or primary care clinician plan, and accountable care |
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47 | 47 | | 20organizations. |
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48 | 48 | | 21 “Minimum payment rates”, rates of payment for services below which managed care |
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49 | 49 | | 22entities may not enter into provider agreements. |
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50 | 50 | | 23 (b) The division shall increase minimum payment rates for psychiatric collaborative care |
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51 | 51 | | 24model billing codes such that they are equal to or greater than the current Medicare Resource- |
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52 | 52 | | 25Based Relative Value Scale physician fee schedule for such codes and adjusted annually. |
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53 | 53 | | 26 (c) Notwithstanding applicable state and federal laws, the division shall direct its |
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54 | 54 | | 27managed care entities to increase minimum payment rates for psychiatric collaborative care |
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55 | 55 | | 28model billing codes such that they are equal to or greater than the current Medicare Resource- |
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56 | 56 | | 29Based Relative Value Scale physician fee schedule for such codes and adjusted annually. |
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57 | 57 | | 30 (d) Pursuant to sections 13C and 13D, and notwithstanding applicable state and federal |
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58 | 58 | | 31laws, the division shall ensure that psychiatric collaborative care model billing codes are |
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59 | 59 | | 32removed from the defined set of billing codes included in the division’s accountable care |
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60 | 60 | | 33organization primary care sub-capitation per-member per-month rate and that said codes shall be |
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61 | 61 | | 34paid on a fee-for-service basis. 3 of 4 |
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62 | 62 | | 35 SECTION 3. Section 22A of Chapter 32A of the General Laws, as appearing in the 2022 |
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63 | 63 | | 36Official Edition, is hereby amended by inserting after the second paragraph the following |
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64 | 64 | | 37paragraphs:- |
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65 | 65 | | 38 (c) The commission shall increase minimum payment rates for psychiatric collaborative |
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66 | 66 | | 39care model billing codes such that they are equal to or greater than the current Medicare |
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67 | 67 | | 40Resource-Based Relative Value Scale physician fee schedule for such codes and adjusted |
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68 | 68 | | 41annually. |
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69 | 69 | | 42 SECTION 4. Section 47QQ of Chapter 175 of the General Laws, as so appearing, is |
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70 | 70 | | 43hereby amended by inserting after the second paragraph the following paragraph:- |
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71 | 71 | | 44 (c) An individual policy of accident and sickness insurance issued pursuant to section 108 |
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72 | 72 | | 45that provides hospital expense and surgical expense insurance or a group blanket or general |
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73 | 73 | | 46policy of accident and sickness insurance issued pursuant to section 110 that provides hospital |
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74 | 74 | | 47expense and surgical expense insurance that is issued or renewed within or without the |
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75 | 75 | | 48commonwealth shall increase minimum payment rates for psychiatric collaborative care model |
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76 | 76 | | 49billing codes such that they are equal to or greater than the current Medicare Resource-Based |
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77 | 77 | | 50Relative Value Scale physician fee schedule for such codes and adjusted annually. |
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78 | 78 | | 51 SECTION 5. Section 8RR of Chapter 176A of the General Laws, as so appearing, is |
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79 | 79 | | 52hereby amended by inserting after the second paragraph the following paragraph:- |
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80 | 80 | | 53 (c) A contract between a subscriber and the corporation under an individual or group |
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81 | 81 | | 54hospital service plan which is delivered, issued or renewed within the commonwealth shall |
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82 | 82 | | 55increase minimum payment rates for psychiatric collaborative care model billing codes such that 4 of 4 |
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83 | 83 | | 56they are equal to or greater than the current Medicare Resource-Based Relative Value Scale |
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84 | 84 | | 57physician fee schedule for such codes and adjusted annually. |
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85 | 85 | | 58 SECTION 6. Section 4RR of Chapter 176B of the General Laws, as so appearing, is |
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86 | 86 | | 59hereby amended by inserting after the second paragraph the following paragraph:- |
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87 | 87 | | 60 (c) A subscription certificate under an individual or group medical service agreement that |
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88 | 88 | | 61is issued or renewed within the commonwealth shall increase minimum payment rates for |
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89 | 89 | | 62psychiatric collaborative care model billing codes such that they are equal to or greater than the |
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90 | 90 | | 63current Medicare Resource-Based Relative Value Scale physician fee schedule for such codes |
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91 | 91 | | 64and adjusted annually. |
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92 | 92 | | 65 SECTION 7. Section 4JJ of Chapter 176G of the General Laws, as so appearing, is |
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93 | 93 | | 66hereby amended by inserting after the second paragraph the following paragraph:- |
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94 | 94 | | 67 (c) Any individual or group health maintenance contract that is issued or renewed within |
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95 | 95 | | 68the commonwealth shall increase minimum payment rates for psychiatric collaborative care |
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96 | 96 | | 69model billing codes such that they are equal to or greater than the current Medicare Resource- |
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97 | 97 | | 70Based Relative Value Scale physician fee schedule for such codes and adjusted annually. |
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