1 of 1 SENATE DOCKET, NO. 2595 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 1394 The Commonwealth of Massachusetts _________________ PRESENTED BY: Julian Cyr _________________ 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 ensuring efficient and effective implementation of behavioral health reform. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 12 SENATE DOCKET, NO. 2595 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 1394 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1394) of Julian Cyr for legislation to ensure efficient and effective implementation of behavioral health reform. Mental Health, Substance Use and Recovery. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act ensuring efficient and effective implementation of behavioral health reform. 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 hereby amended by inserting the following paragraph:- 3 No program, agency or facility funded, operated, licensed or approved by any agency or 4subdivision of the commonwealth shall administer or cause to be administered to any person 5with a physical, intellectual or developmental disability any procedure which causes obvious 6signs of physical pain, including, but not limited to, hitting, pinching and electric shock for the 7purposes of changing the behavior of the person. No such program may employ any form of 8physical contact or punishment that is otherwise prohibited by law or would be prohibited if used 9on a non-disabled person. 10 No such program may employ any procedure which denies a person with a physical, 11intellectual, or developmental disability reasonable sleep, food, shelter, bedding, bathroom 12facilities, and any other aspect expected of a humane existence in the Commonwealth. 2 of 12 13 SECTION 2. Section 16DD of said chapter 6A, as so appearing, is hereby amended by 14striking out the words “executive office of health and human services”, in line 7, and inserting in 15place thereof the following words:- office of the secretary 16 SECTION 3. Said chapter 6A is hereby further amended by inserting after section 16FF 17the following section:- 18 Section 16GG. (a) As used in this section the following words shall, unless the context 19clearly requires otherwise, have the following meanings:- 20 “Behavioral health services”, the evaluation, diagnosis, treatment, care coordination, 21management or peer support of patients with mental health, developmental or substance use 22disorders, inclusive of medication management. 23 “Roadmap”, roadmap for behavioral health reform. 24 “Roadmap services”, shall include, but not be limited to, services provided by a 25behavioral health access line pursuant to section 2WWWWW of chapter 29 of the General Laws, 26services provided by community behavioral health centers as defined in section 13D½ of chapter 27118E of the General Laws, mobile crisis intervention for youth, mobile crisis intervention for 28adults, youth community crisis stabilization, adult community crisis stabilization and services 29provided by behavioral health urgent care providers. 30 “Secretary”, the secretary of health and human services. 31 (b) The secretary of health and human services shall coordinate all activities of the 32commonwealth to support the efficient and effective implementation of the roadmap for 33behavioral health reform. The secretary shall set goals and prepare a plan every other year for the 3 of 12 34commonwealth for implementation of roadmap services. The secretary, in consultation with the 35office of health equity established under section 16AA, shall fully integrate health equity 36principles and apply a health equity framework to all duties and obligations. 37 (c) The secretary will facilitate the coordination of all executive office, state agency, 38independent agency, state commissions and local and regional entity activities that support 39roadmap implementation in the commonwealth. The secretary shall: 40 (1) develop and implement comprehensive, biennial strategic plans to ensure efficient and 41effective implementation of the roadmap; the plans shall address opportunities and challenges, 42including but not limited to: (i) staffing; (ii) public and private sector financing; (iii) rate 43adequacy; (iv) roadmap services capacity; (v) linguistic and cultural competency of roadmap 44services delivery; and (vi) coordination across the executive office of health and human services 45and with other state and local agencies; 46 (2) align processes and procedures across the executive office of health and human 47services to ensure efficiencies in: (i) licensing, credentialing, certification, and other regulatory 48requirements; (ii) contracting; (iii) billing; and (iv) other relevant service delivery and payment 49requirements; 50 (3) issue cohesive service delivery and payment system guidance as applicable; 51 (4) identify and disseminate evidence-based or evidence-informed practices designed to 52advance health equity and trauma-informed care through roadmap services; 4 of 12 53 (5) explore steps to combine the behavioral health access line with the 988 Suicide and 54Crisis Lifeline into one number and entity in the commonwealth to reduce complexity for 55individuals and families; 56 (6) plan and implement campaigns to raise awareness about roadmap services to 57behavioral health stakeholders, community-based stakeholders, and individuals and families 58historically marginalized by race, ethnicity, gender identity, sexual identity, and other factors; 59and 60 (7) develop and implement biennial plans to gather feedback about roadmap services; 61solicit feedback from a diverse array of stakeholders including families members, people with 62lived experience, providers, health plans, state agencies, advocacy organizations, schools, law 63enforcement, and community-based organizations; prioritize response from: (i) people with lived 64experience, including youth and caregivers; (ii) individuals and family members from 65marginalized communities; and (iii) people that have and have not received roadmap services; 66ensure the plan includes both qualitative and quantitative elements and may include surveys and 67listening sessions with people with lived experience and family members. 68 (d) (1) The secretary shall oversee, in partnership with the secretary of the executive 69office of public safety and security, behavioral health crisis response planning and 70implementation for the commonwealth, including but not limited to: (i) collaboration across the 71executive office of health and human services, executive office of public safety and security, 72division of medical assistance and its contracted entities, the department of public health, public 73safety answering points, law enforcement, 988 Suicide and Crisis Lifeline centers, emergency 74medical services, community behavioral health centers, hospital emergency departments, 5 of 12 75behavioral health urgent care providers, and other entities; (ii) strategic planning; (iii) 76implementation and alignment across departments; (iv) data review; and (v) performance 77improvement. 78 (2) The secretary shall the ensure the following services are reimbursed to cover the cost 79of reserve staff and bed capacity for timely response to routine and surge patient demand: (i) 80youth mobile crisis intervention; (ii) adult mobile crisis intervention; (iii) youth community crisis 81stabilization; (iv) adult community crisis stabilization services; and (v) behavioral health urgent 82care. 83 (3) The secretary, in conjunction with the secretary of the executive office of public 84safety and security, the commissioner of the department of mental health, and the commissioner 85of the department of public health, shall detail the legal and regulatory authority for law 86enforcement to drop off individuals experiencing behavioral health crisis at community 87behavioral health centers and shall outline protocols for such drop offs. 88 (4) The secretary, in conjunction with the assistant secretary of the division of medical 89assistance, the commissioner of the department of mental health, and the commissioner of the 90department of public health, shall: (i) examine point of entry plans for community behavioral 91health centers to ensure they are relevant for drop offs of individuals in behavioral health crisis 92by emergency medical services providers; (ii) determine adequate reimbursement for community 93behavioral health centers to meet point of entry plan requirements; and (iii) modify regulations, 94standards, policies, plans, and rates to facilitate drop offs of individuals in behavioral health 95crisis at community behavioral health centers by emergency medical services providers. 6 of 12 96 (e) (1) The secretary shall develop and manage a centralized data dashboard to monitor 97utilization of roadmap services, inequities and disparities in access to behavioral health care, and 98timeliness of services. 99 (2) The secretary shall develop and make publicly available an initial data dashboard not 100later than 6 months from the effective date of this act. The data in said initial dashboard shall: (i) 101be limited to the data the behavioral health access line, community behavioral health centers, 102youth mobile crisis intervention, adult mobile crisis intervention, youth community crisis 103stabilization, adult community crisis stabilization, and behavioral health urgent care providers 104are required to report to the executive office of health and human services, the department of 105mental health, the department of public health, the division of medical assistance, or their 106contracted entities; (ii) shall include, but not be limited to, utilization, patient reported 107satisfaction, compliance with performance specifications, Enterprise Invoice/Service 108Management data, Healthcare Effectiveness Data and Information Set data, other quality 109performance measure data, community-based evaluations, inpatient dispositions, response times, 110and patient outcomes, as applicable to each roadmap service; (iii) shall be updated quarterly; and 111(iv) shall be presented in a de-identified form. 112 (3) The secretary shall update the data elements in the centralized data dashboard at least 113once every 3 years. Updates shall be informed by feedback from roadmap services and other 114mental health and substance use providers, people with lived experience, family members, and 115other stakeholders, and best practices at the national level and in other states. The secretary shall 116prioritize data elements that reflect patient demographics including, but not limited to, age, race, 117ethnicity, gender identity, and sexual orientation to help identify and address disparities in 118access, quality of care, and outcomes. The secretary shall ensure the dashboard includes elements 7 of 12 119specific to the behavioral health crisis system including, but not limited to: (i) volume; (ii) 120patient demographics; (iii) location of services provided; (iv) response time; (v) disposition; (vi) 121nature of law enforcement engagement, if applicable; (vii) health, placement, and quality 122outcomes; (viii) complaint themes and resolution times; and (ix) nature of resolutions. 123 (4) The secretary shall ensure the data in the centralized data dashboard is: (i) made 124publicly available; (ii) de-identified; (iii) updated at least quarterly; and (iv) analyzed for trends, 125gaps in access, timeliness, quality, and equity, and areas for improvement. 126 (f) Annually, not later than July 1, the secretary shall report on progress, and the overall 127progress of the commonwealth, toward implementation of the roadmap for behavioral health 128reform using, when possible, quantifiable measures and comparative benchmarks, including a 129description of quantitative and qualitative metrics used to evaluate activities and outcomes. The 130report shall be filed with the governor, the clerks of the senate and house of representatives, the 131joint committee on health care financing, and the joint committee on mental health, substance 132use, and recovery. The report shall be posted on the official website of the commonwealth. 133 SECTION 4. Section 18B of said chapter 6A, as appearing in the 2022 Official Edition, is 134hereby further amended by inserting after subsection (i)(5) the following subsection:- 135 (6) The behavioral health crisis response incentive grant shall provide grant funding to 136primary, regional, and regional secondary PSAPs and regional emergency communication 137centers for allowable expenses related to integrating behavioral health crisis response 138telecommunications and dispatch capacity into emergency telecommunications and dispatch 139responses. Allowable costs to be covered by grant funding include personnel, certification 140training, upgrading computer-aided dispatch systems, and technological and personnel expenses 8 of 12 141associated with establishing relationships for warm hand-offs to emergency service providers of 142behavioral health crisis response, mobile integrated health programs, suicide prevention hotlines, 143and other behavioral health crisis and emergency responders. The Department of Mental Health 144shall serve as an advisor to the 911 Department in the development of this grant program and in 145selecting grantees for awards made under this grant program. The grant program shall include a 146requirement that grantees shall work to integrate 988, co-responder programs, mobile crisis 147intervention services for youth, mobile crisis intervention services for adults and other behavioral 148health crisis and emergency response programs that can serve as alternatives to law enforcement 149into their emergency communications plans. The grant program shall require that grantees 150review and update emergency call decision trees, dispatch protocols, and computer-aided 151dispatch call codes in order to increase diversion of behavioral health calls for service to 152qualified behavioral health professionals such as those listed above. 153 SECTION 5. Chapter 6D of the General Laws is hereby amended by inserting after 154section 21 the following section:- 155 Section 22. Every 3 years, the commission, in collaboration with the executive office of 156health and human services and the center for health information and analysis, shall prepare a 157roadmap for behavioral health reform financing and sustainability report. The report shall 158analyze the financial stability of roadmap services including a behavioral health access line as 159referenced in section 2WWWWW of chapter 29 of the General Laws, services provided by 160community behavioral health centers as defined in section 13D1/2 of chapter 118E of the 161General Laws, mobile crisis intervention for youth, mobile crisis intervention for adults, youth 162community crisis stabilization, adult community crisis stabilization, and services provided by 163behavioral health urgent care providers. The report shall address opportunities and challenges, 9 of 12 164including but not limited to: (i) staffing; (ii) public and private sector financing; (iii) rate 165adequacy; (iv) roadmap services capacity; and (v) linguistic and cultural competency of roadmap 166services delivery. The report shall identify any statutory, regulatory, or operational factors that 167may impact the financial stability and sustainability of roadmap services and their ability to meet 168the mental health and substance use needs of people across the commonwealth. The first report 169shall be submitted not later than June 30, 2026 with the clerks of the senate and house of 170representatives, the joint committee on health care financing, and the joint committee on mental 171health, substance use, and recovery. The report shall be published on the commission's website. 172 SECTION 6. Section 21A of chapter 12C of the General Laws, as appearing in the 2022 173Official Edition, is hereby amended by inserting after the first paragraph the following 174paragraph:- 175 Every 3 years the center shall conduct an analysis of the statewide, payor-agnostic 176community behavioral health crisis system as defined in section 2WWWWW of chapter 29 of 177the General Laws. The analysis shall examine expenditures for services supported by the 178Behavioral Health Access and Crisis Intervention Trust Fund including, but not limited to, the 179behavioral health access line, crisis evaluation, crisis follow-up, youth community crisis 180stabilization, adult community crisis stabilization, and outpatient community behavioral health 181center services. The analysis shall document the expenditures for and the utilization of said 182services by payor. The first analysis shall be submitted not later than June 30, 2026 with the 183clerks of the senate and house of representatives, the joint committee on health care financing, 184and the joint committee on mental health, substance use, and recovery. The analysis shall be 185made public on the center’s website. 10 of 12 186 SECTION 7. Section 1 of chapter 76 of the General Laws, as so appearing, is hereby 187amended by inserting after the word "committee”, in line 18, the following words:- ; provided 188that absences shall also be permitted for behavioral health or mental health concerns. 189 SECTION 8. Section 18 of chapter 123 of the General Laws, as so appearing, is hereby 190amended by inserting after the word “detention”, in lines 1 and 23, the following words:- or any 191other facility, including a medical facility, holding a detained individual. 192 SECTION 9. Chapter 123 of the General Laws is hereby amended by inserting the 193following section:- 194 Section 37. The department of mental health shall develop and conduct a program 195concerning medication-induced movement disorders. Such program shall include but not be 196limited to, (1) educational information on the importance of screening for and identifying 197symptoms of medication-induced movement disorders; and (2) the development and 198communication to health care providers of policies and best practices informed by relevant 199clinical guidelines for screening, identifying, and treating medication-induced movement 200disorders, including best practices for screening to the standard of care via telehealth. Such 201program shall also include public education and outreach on the elimination of stigma for people 202living with medication-induced movement disorders related to the treatment of mental health 203conditions.” 204 SECTION 10. Section 148C of chapter 149 of the General Laws, as amended by chapter 205186 of the acts of 2024, is hereby amended by striking out clauses (2) and (5) and inserting in 206place thereof the following clauses:- 11 of 12 207 (2) care for the employee's own physical illness, mental health needs, injury, or medical 208condition that requires home care, professional medical diagnosis or care, or preventative 209medical care; or 210 (5) address the employee’s own physical and mental health needs, and those of their 211spouse, if the employee or the employee’s spouse experiences pregnancy loss, failed assisted 212reproduction, adoption or surrogacy, or following the death of an immediate family member. 213 SECTION 11. There is hereby established a special commission for the purpose of 214making an investigation and study relative to increasing the number of outpatient mental health 215providers practicing in the commonwealth who accept insurance or offer a sliding fee scale. Said 216special commission shall consist of the secretary of health and human services, or their designee, 217who shall serve as chair; 1 member of the senate appointed by the senate president; 1 member of 218the house of representatives appointed by the speaker of the house of representatives; the 219commissioner of the department of mental health, or their designee; the commissioner of 220insurance, or their designee; all of whom shall serve as ex officio members, and 11 persons to be 221appointed by the secretary, 1 of whom shall be a representative of the Massachusetts chapter of 222the National Association of Social Workers, 1 of whom shall be an advance practice psychiatric 223nurse licensed to practice in the commonwealth, 1 of whom shall be a representative of the 224Massachusetts Psychological Association who shall be a psychologist, 1 of whom shall be a 225representative from the children’s behavioral health advisory council established in section 16Q 226of chapter 6A of the General Laws, 1 of whom shall be a representative from the Massachusetts 227Behavioral Health Partnership or a managed care organization or managed care entity 228contracting with MassHealth, 4 of whom shall be representatives of the Massachusetts Medical 229Society appointed in consultation with their relevant specialty chapters, including a pediatrician, 12 of 12 230a family physician, a psychiatrist and a child and adolescent psychiatrist, 1 of whom shall be a 231representative from the Massachusetts Association of Health Plans and 1 of whom shall be a 232representative from the Blue Cross Blue Shield of Massachusetts. The commission shall conduct 233and prepare: (i) an assessment of the current landscape for mental health practitioners who are 234contracting with insurance carriers and MassHealth or offer a sliding fee scale, including the 235variations based on specific licensure; (ii) a review of current policies and practices that may 236serve as a barrier or otherwise prevent mental health practitioners from contracting with 237insurance carriers; (iii) legislative recommendations that would increase the number of mental 238health practitioners in the commonwealth accepting insurance or offer a sliding fee scale; and 239(iv) information on any other matters that the commission considers relevant to the fulfillment of 240its mission and purpose. 241 Said commission shall provide guidance to the general court relative to current research 242on how to increase the number of mental health practitioners who accept insurance or offer a 243sliding fee scale. The special commission may conduct public hearings, forums or meetings to 244gather information and to raise awareness of the challenges associated with accessing affordable 245behavioral or mental health care. 246 Said commission shall file an annual report at the end of each state fiscal year with the 247governor and the clerks of the house of representatives and the senate, who shall forward the 248same to the joint committee on mental health, substance use and recovery and the joint 249committee on health care financing, along with recommendations, if any, together with drafts of 250legislation necessary to carry those recommendations into effect. The special commission may 251file such interim reports and recommendations as it considers appropriate.