Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1390 Compare Versions

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22 SENATE DOCKET, NO. 1467 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 1390
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Julian Cyr
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to access to psychiatric collaborative care.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 4
1616 SENATE DOCKET, NO. 1467 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 1390
1818 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1390) of Julian Cyr for legislation
1919 relative to access to psychiatric collaborative care. Mental Health, Substance Use and Recovery.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act relative to access to psychiatric collaborative care.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Chapter 177 of the acts of 2022 is hereby amended by striking out Section
2929 284 and inserting in place thereof the following section:-
3030 3 Section 84. For the purposes of section 22A of chapter 32A of the General Laws, section
3131 410P of chapter 118E of the General Laws, section 47QQ of chapter 175 of the General Laws,
3232 5section 8RR of chapter 176A of the General Laws, section 4RR of chapter 176B of the General
3333 6Laws and section 4JJ of chapter 176G of the General Laws, reimbursement for the psychiatric
3434 7collaborative care model shall include, but not be limited to, the following current procedural
3535 8terminology billing codes: (i) 99492; (ii) 99493; (iii) 99494; and (iv) G2214.
3636 9 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
3737 10section 13L the following section:-
3838 11 Section 13M. (a) For the purposes of this section, “psychiatric collaborative care model”
3939 12shall mean the evidence-based, integrated behavioral health service delivery method in which a 2 of 4
4040 13primary care team consisting of a primary care provider and a care manager provides structured
4141 14care management to a patient, and that works in collaboration with a psychiatric consultant that
4242 15provides regular consultations to the primary care team to review the clinical status and care of
4343 16patients and to make recommendations.
4444 17 “Managed care entity”, all contracted health insurers, health plans, health maintenance
4545 18organizations, behavioral health management firms and third party administrators under contract
4646 19to a Medicaid managed care organization or primary care clinician plan, and accountable care
4747 20organizations.
4848 21 “Minimum payment rates”, rates of payment for services below which managed care
4949 22entities may not enter into provider agreements.
5050 23 (b) The division shall increase minimum payment rates for psychiatric collaborative care
5151 24model billing codes such that they are equal to or greater than the current Medicare Resource-
5252 25Based Relative Value Scale physician fee schedule for such codes and adjusted annually.
5353 26 (c) Notwithstanding applicable state and federal laws, the division shall direct its
5454 27managed care entities to increase minimum payment rates for psychiatric collaborative care
5555 28model billing codes such that they are equal to or greater than the current Medicare Resource-
5656 29Based Relative Value Scale physician fee schedule for such codes and adjusted annually.
5757 30 (d) Pursuant to sections 13C and 13D, and notwithstanding applicable state and federal
5858 31laws, the division shall ensure that psychiatric collaborative care model billing codes are
5959 32removed from the defined set of billing codes included in the division’s accountable care
6060 33organization primary care sub-capitation per-member per-month rate and that said codes shall be
6161 34paid on a fee-for-service basis. 3 of 4
6262 35 SECTION 3. Section 22A of Chapter 32A of the General Laws, as appearing in the 2022
6363 36Official Edition, is hereby amended by inserting after the second paragraph the following
6464 37paragraphs:-
6565 38 (c) The commission shall increase minimum payment rates for psychiatric collaborative
6666 39care model billing codes such that they are equal to or greater than the current Medicare
6767 40Resource-Based Relative Value Scale physician fee schedule for such codes and adjusted
6868 41annually.
6969 42 SECTION 4. Section 47QQ of Chapter 175 of the General Laws, as so appearing, is
7070 43hereby amended by inserting after the second paragraph the following paragraph:-
7171 44 (c) An individual policy of accident and sickness insurance issued pursuant to section 108
7272 45that provides hospital expense and surgical expense insurance or a group blanket or general
7373 46policy of accident and sickness insurance issued pursuant to section 110 that provides hospital
7474 47expense and surgical expense insurance that is issued or renewed within or without the
7575 48commonwealth shall increase minimum payment rates for psychiatric collaborative care model
7676 49billing codes such that they are equal to or greater than the current Medicare Resource-Based
7777 50Relative Value Scale physician fee schedule for such codes and adjusted annually.
7878 51 SECTION 5. Section 8RR of Chapter 176A of the General Laws, as so appearing, is
7979 52hereby amended by inserting after the second paragraph the following paragraph:-
8080 53 (c) A contract between a subscriber and the corporation under an individual or group
8181 54hospital service plan which is delivered, issued or renewed within the commonwealth shall
8282 55increase minimum payment rates for psychiatric collaborative care model billing codes such that 4 of 4
8383 56they are equal to or greater than the current Medicare Resource-Based Relative Value Scale
8484 57physician fee schedule for such codes and adjusted annually.
8585 58 SECTION 6. Section 4RR of Chapter 176B of the General Laws, as so appearing, is
8686 59hereby amended by inserting after the second paragraph the following paragraph:-
8787 60 (c) A subscription certificate under an individual or group medical service agreement that
8888 61is issued or renewed within the commonwealth shall increase minimum payment rates for
8989 62psychiatric collaborative care model billing codes such that they are equal to or greater than the
9090 63current Medicare Resource-Based Relative Value Scale physician fee schedule for such codes
9191 64and adjusted annually.
9292 65 SECTION 7. Section 4JJ of Chapter 176G of the General Laws, as so appearing, is
9393 66hereby amended by inserting after the second paragraph the following paragraph:-
9494 67 (c) Any individual or group health maintenance contract that is issued or renewed within
9595 68the commonwealth shall increase minimum payment rates for psychiatric collaborative care
9696 69model billing codes such that they are equal to or greater than the current Medicare Resource-
9797 70Based Relative Value Scale physician fee schedule for such codes and adjusted annually.