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2 | 2 | | SENATE DOCKET, NO. 1274 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 677 |
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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 | | William N. Brownsberger , (BY REQUEST) |
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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 preventing psychiatric emergencies. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Graham Moore 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 1274 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 677 |
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18 | 18 | | By Mr. Brownsberger (by request), a petition (accompanied by bill, Senate, No. 677) of Graham |
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19 | 19 | | Moore, for legislation relative to prevent psychiatric emergencies. Financial Services. |
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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 preventing psychiatric emergencies. |
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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 Chapter 176Q of the General Laws, as appearing in the 2022 Official Edition, is hereby |
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29 | 29 | | 2amended by inserting after section 18 the following section:- |
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30 | 30 | | 3 Section 19. |
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31 | 31 | | 4 1. Purpose. This section aims to ensure that patients in Massachusetts receive necessary |
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32 | 32 | | 5treatment to prevent psychiatric emergencies, as determined by their licensed physicians. |
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33 | 33 | | 6 2. Definitions. As used in this section, the following words shall have the following |
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34 | 34 | | 7meanings: |
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35 | 35 | | 8 (a) "Patient" means an individual seeking mental health treatment. |
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36 | 36 | | 9 (b) “Physician” means a licensed medical doctor or psychologist authorized to diagnose |
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37 | 37 | | 10mental health conditions. 2 of 2 |
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38 | 38 | | 11 (c) “Psychiatric emergency” means a manic episode, a psychotic episode, a catatonic |
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39 | 39 | | 12episode, a homicidal episode with a high risk of attempted homicide, an episode of substance use |
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40 | 40 | | 13with a a high risk of extreme harm or fatal overdose, a self-harm episode with high risk of |
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41 | 41 | | 14extreme self-injury, or a suicidal episode with high risk of attempted suicide. |
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42 | 42 | | 15 (d) “Psychiatric emergency treatment" means any medical intervention recommended by |
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43 | 43 | | 16a physician to prevent a psychiatric emergency if the physician attests the patient has a high risk |
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44 | 44 | | 17of experiencing, or continuing to experience, a psychiatric emergency without the medical |
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45 | 45 | | 18intervention. |
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46 | 46 | | 19 (e) “High risk” means greater than 50 percent likelihood. |
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47 | 47 | | 20 (f) “Extreme self-injury” self-injury that poses a high risk of causing permanent cognitive |
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48 | 48 | | 21or physical disability or loss of life. |
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49 | 49 | | 22 (g) “Extreme harm” substance-caused injury that poses a high risk of causing permanent |
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50 | 50 | | 23cognitive or physical disability or loss of life. |
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51 | 51 | | 24 3. Coverage Requirement. |
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52 | 52 | | 25 (a) Insurance companies operating in Massachusetts are required to cover at least 90 |
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53 | 53 | | 26percent of the cost of treatment for a patient when a physician has determined that the patient has |
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54 | 54 | | 27a high risk of experiencing a psychiatric emergency without such treatment. |
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55 | 55 | | 28 4. Compliance and Enforcement. Insurance companies must develop protocols to ensure |
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56 | 56 | | 29approval of claims related to treatments covered under this section within 7 days. |
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57 | 57 | | 30 5. Effective Date. This section shall take effect within 90 days of its passage into law, |
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58 | 58 | | 31allowing time for insurance companies to adjust their policies accordingly. |
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