1 of 1 SENATE DOCKET, NO. 1323 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 709 The Commonwealth of Massachusetts _________________ PRESENTED BY: John J. Cronin _________________ 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 for supportive care for serious mental illness. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 16 SENATE DOCKET, NO. 1323 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 709 By Mr. Cronin, a petition (accompanied by bill, Senate, No. 709) of John J. Cronin for legislation relative to supportive care for serious mental illness. Financial Services. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 610 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act for supportive care for serious mental illness. 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 18 of chapter 15A of the General Laws, as appearing in the 2018 2Official Edition, is hereby amended by adding the following paragraph:- 3 Notwithstanding any general or special law to the contrary, any qualifying student health 4insurance plan authorized under this chapter shall provide coverage for coordinated specialty 5care services and assertive community treatment service as described under section 4FF of 6chapter 176G. 7 SECTION 2. Chapter 32A of the General Laws is hereby amended by adding the 8following section:- 9 Section 32. (a) For the purposes of this section, the following words shall have the 10following meanings unless the context clearly requires otherwise: 2 of 16 11 “Assertive Community Treatment”, a team-based, evidenced-based treatment practice 12that offers treatment, rehabilitation, and support services, using a person-centered, recovery- 13based flexible treatment program, as defined by evidence-based standards, including, but not 14limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health 15Services Administration. Practice may also include those modalities specifically designed for 16pediatric patients under the age of 19 that have been adapted from guidelines issued by the 17federal Substance Abuse and Mental Health Services Administration or the National Institute of 18Health. 19 “Behavioral health services”, care and services for the evaluation, diagnosis, treatment or 20management of patients with mental health, developmental or substance use disorders. 21 “Coordinated Specialty Care”, a recovery-oriented treatment program for people with 22first-episode psychosis, as defined by evidence-based standards, including, but not limited to the 23most current guidelines issued by the National Institute of Mental Health. Programs may also 24include those specifically designed for pediatric patients under the age of 19 that have been 25adapted from guidelines issued by the federal Substance Abuse and Mental Health Services 26Administration or the National Institute of Mental Health. 27 “Evidence-based practice”, treatments that are supported by clinical research, including, 28but not limited to, research supporting practice modifications relevant to the treatment of 29pediatric patients. 30 “First episode psychosis treatment”, treatment initiated within 74 weeks of the first time 31an individual experiences an episode of psychosis. 3 of 16 32 “Serious emotional disturbance”, mental, behavioral or emotional disorders in children or 33adolescents under age 19 that have resulted in functional impairment that substantially interferes 34with or limits the child’s role or functioning in family, school or community activities. 35 “Serious mental illness”, mental, behavioral or emotional disorders resulting in serious 36functional impairment that substantially interferes with or limits at least 1 major life activity for 37an individual not less than 19 years old with a psychiatric diagnosis as defined in the American 38Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. 39 (b) Coverage offered by the commission to an active or retired employee of the 40commonwealth insured under the group insurance commission shall provide coverage for wrap- 41around coordinated specialty care services for first episode psychosis treatment and assertive 42community treatment for early or ongoing treatment of person with a previous episode of 43psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this 44section shall not be construed as imposing a limit on the number of visits an individual may 45make to a provider of any of the services under this section. 46 (c) Payment for the services performed under the treatment models listed in this section 47shall be based on a bundled treatment model or payment, rather than fee-for-service payment for 48each separate service delivered by a treatment team member. 49 (d) To determine medical necessity for the treatment approaches under this section, 50neither disability nor functional impairment shall be a precondition to receive the treatment. 51Medical necessity shall be presumed following a recommendation by a licensed physician, 52licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social 53worker. 4 of 16 54 SECTION 3. Chapter 112 of the General Laws is hereby amended by inserting after 55section 9K the following section:- 56 Section 9L. To credential the mental health professionals and other members of the 57multidisciplinary coordinated specialty care treatment team or an assertive community treatment 58team as described under section 32 of chapter 32A, section 39 of chapter 176A, section 26 of 59chapter 176B, section 34 of chapter 176G and section 14 of chapter 176I, the credentialing of the 60psychiatrist or the licensed clinical leader of the treatment team shall qualify all members of the 61treatment team to be credentialed with the insurer. 62 SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after 63section 47NN the following section:- 64 Section 47OO. (a) For the purposes of this section, the following words shall have the 65following meanings unless the context clearly requires otherwise: 66 “Assertive Community Treatment”, a team-based, evidenced-based treatment practice 67that offers treatment, rehabilitation, and support services, using a person-centered, recovery- 68based flexible treatment program, as defined by evidence-based standards, including, but not 69limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health 70Services Administration. Practice may also include those modalities specifically designed for 71pediatric patients under the age of 19 that have been adapted from guidelines issued by the 72federal Substance Abuse and Mental Health Services Administration or the National Institute of 73Health. 74 “Behavioral health services”, care and services for the evaluation, diagnosis, treatment or 75management of patients with mental health, developmental or substance use disorders. 5 of 16 76 “Coordinated Specialty Care”, a recovery-oriented treatment program for people with 77first-episode psychosis, as defined by evidence-based standards, including, but not limited to the 78most current guidelines issued by the National Institute of Mental Health. Programs may also 79include those specifically designed for pediatric patients under the age of 19 that have been 80adapted from guidelines issued by the federal Substance Abuse and Mental Health Services 81Administration or the National Institute of Mental Health. 82 “Evidence-based practice”, treatments that are supported by clinical research, including, 83but not limited to, research supporting practice modifications relevant to the treatment of 84pediatric patients. 85 “First episode psychosis treatment”, treatment initiated within 74 weeks of the first time 86an individual experiences an episode of psychosis. 87 “Serious emotional disturbance”, mental, behavioral or emotional disorders in children or 88adolescents under age 19 that have resulted in functional impairment that substantially interferes 89with or limits the child’s role or functioning in family, school or community activities. 90 “Serious mental illness”, mental, behavioral or emotional disorders resulting in serious 91functional impairment that substantially interferes with or limits at least 1 major life activity for 92an individual not less than 19 years old with a psychiatric diagnosis as defined in the American 93Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. 94 (b) An individual policy of accident and sickness insurance issued under section 108 that 95provides hospital expense and surgical expense insurance and any group blanket or general 96policy of accident and sickness insurance issued under section 110 that provides hospital expense 97and surgical expense insurance that is issued or renewed within or without the commonwealth 6 of 16 98shall provide coverage for wrap-around coordinated specialty care services for first episode 99psychosis treatment and assertive community treatment for early or ongoing treatment of person 100with a previous episode of psychosis who has a serious mental illness or serious emotional 101disturbance. Coverage under this section shall not be construed as imposing a limit on the 102number of visits an individual may make to a provider of any of the services under this section. 103 (c) Payment for the services performed under the treatment models listed in this section 104shall be based on a bundled treatment model or payment, rather than fee-for-service payment for 105each separate service delivered by a treatment team member. 106 (d) To determine medical necessity for the treatment approaches under this section, 107neither disability nor functional impairment shall be a precondition to receive the treatment. 108Medical necessity shall be presumed following a recommendation by a licensed physician, 109licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social 110worker. 111 SECTION 5. Chapter 176A of the General Laws is hereby amended by adding the 112following section:- 113 Section 39. (a) For the purposes of this section, the following words shall have the 114following meanings unless the context clearly requires otherwise: 115 “Assertive Community Treatment”, a team-based, evidenced-based treatment practice 116that offers treatment, rehabilitation, and support services, using a person-centered, recovery- 117based flexible treatment program, as defined by evidence-based standards, including, but not 118limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health 119Services Administration. Practice may also include those modalities specifically designed for 7 of 16 120pediatric patients under the age of 19 that have been adapted from guidelines issued by the 121federal Substance Abuse and Mental Health Services Administration or the National Institute of 122Health. 123 “Behavioral health services”, care and services for the evaluation, diagnosis, treatment or 124management of patients with mental health, developmental or substance use disorders. 125 “Coordinated Specialty Care”, a recovery-oriented treatment program for people with 126first-episode psychosis, as defined by evidence-based standards, including, but not limited to the 127most current guidelines issued by the National Institute of Mental Health. Programs may also 128include those specifically designed for pediatric patients under the age of 19 that have been 129adapted from guidelines issued by the federal Substance Abuse and Mental Health Services 130Administration or the National Institute of Mental Health. 131 “Evidence-based practice”, treatments that are supported by clinical research, including, 132but not limited to, research supporting practice modifications relevant to the treatment of 133pediatric patients. 134 “First episode psychosis treatment”, treatment initiated within 74 weeks of the first time 135an individual experiences an episode of psychosis. 136 “Serious emotional disturbance”, mental, behavioral or emotional disorders in children or 137adolescents under age 19 that have resulted in functional impairment that substantially interferes 138with or limits the child’s role or functioning in family, school or community activities. 139 “Serious mental illness”, mental, behavioral or emotional disorders resulting in serious 140functional impairment that substantially interferes with or limits at least 1 major life activity for 8 of 16 141an individual not less than 19 years old with a psychiatric diagnosis as defined in the American 142Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. 143 (b) A contract between a subscriber and a nonprofit hospital service corporation under an 144individual or group hospital service plan shall provide coverage for wrap-around coordinated 145specialty care services for first-episode psychosis treatment and assertive community treatment 146for early or ongoing treatment of person with a previous episode of psychosis who has a serious 147mental illness or serious emotional disturbance. Coverage under this section shall not be 148construed as imposing a limit on the number of visits an individual may make to a provider of 149any of the services under this section. 150 (c) Payment for the services performed under the treatment models listed in this section 151shall be based on a bundled treatment model or payment, rather than fee for service payment for 152each separate service delivered by a treatment team member. 153 (d) To determine medical necessity for the treatment approaches under this section, 154neither disability nor functional impairment shall be a precondition to receive the treatment. 155Medical necessity shall be presumed following a recommendation by a licensed physician, 156licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social 157worker. 158 SECTION 6. Chapter 176B of the General Laws is hereby amended by adding the 159following section:- 160 Section 26. (a) For the purposes of this section, the following words shall have the 161following meanings unless the context clearly requires otherwise: 9 of 16 162 “Assertive Community Treatment”, a team-based, evidenced-based treatment practice 163that offers treatment, rehabilitation, and support services, using a person-centered, recovery- 164based flexible treatment program, as defined by evidence-based standards, including, but not 165limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health 166Services Administration. Practice may also include those modalities specifically designed for 167pediatric patients under the age of 19 that have been adapted from guidelines issued by the 168federal Substance Abuse and Mental Health Services Administration or the National Institute of 169Health. 170 “Behavioral health services”, care and services for the evaluation, diagnosis, treatment or 171management of patients with mental health, developmental or substance use disorders. 172 “Coordinated Specialty Care”, a recovery-oriented treatment program for people with 173first-episode psychosis, as defined by evidence-based standards, including, but not limited to the 174most current guidelines issued by the National Institute of Mental Health. Programs may also 175include those specifically designed for pediatric patients under the age of 19 that have been 176adapted from guidelines issued by the federal Substance Abuse and Mental Health Services 177Administration or the National Institute of Mental Health. 178 “Evidence-based practice”, treatments that are supported by clinical research, including, 179but not limited to, research supporting practice modifications relevant to the treatment of 180pediatric patients. 181 “First episode psychosis treatment”, treatment initiated within 74 weeks of the first time 182an individual experiences an episode of psychosis. 10 of 16 183 “Serious emotional disturbance”, mental, behavioral or emotional disorders in children or 184adolescents under age 19 that have resulted in functional impairment that substantially interferes 185with or limits the child’s role or functioning in family, school or community activities. 186 “Serious mental illness”, mental, behavioral or emotional disorders resulting in serious 187functional impairment that substantially interferes with or limits at least 1 major life activity for 188an individual not less than 19 years old with a psychiatric diagnosis as defined in the American 189Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. 190 (b) A contract between a subscriber and a medical service corporation shall provide 191coverage for wrap-around coordinated specialty care services for first episode psychosis 192treatment and assertive community treatment for early or ongoing treatment of person with a 193previous episode of psychosis who has a serious mental illness or serious emotional disturbance. 194Coverage under this section shall not be construed as imposing a limit on the number of visits an 195individual may make to a provider of any of the services under this section. 196 (c) Payment for the services performed under the treatment models listed in this section 197shall be based on a bundled treatment model or payment, rather than fee for service payment for 198each separate service delivered by a treatment team member. 199 (d) To determine medical necessity for the treatment approaches under this section, 200neither disability nor functional impairment shall be a precondition to receive the treatment. 201Medical necessity shall be presumed following a recommendation by a licensed physician, 202licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social 203worker. 11 of 16 204 SECTION 7. Chapter 176G of the General Laws is hereby amended by adding the 205following section:- 206 Section 34. (a) For the purposes of this section, the following words shall have the 207following meanings unless the context clearly requires otherwise: 208 “Assertive Community Treatment”, a team-based, evidenced-based treatment practice 209that offers treatment, rehabilitation, and support services, using a person-centered, recovery- 210based flexible treatment program, as defined by evidence-based standards, including, but not 211limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health 212Services Administration. Practice may also include those modalities specifically designed for 213pediatric patients under the age of 19 that have been adapted from guidelines issued by the 214federal Substance Abuse and Mental Health Services Administration or the National Institute of 215Health. 216 “Behavioral health services”, care and services for the evaluation, diagnosis, treatment or 217management of patients with mental health, developmental or substance use disorders. 218 “Coordinated Specialty Care”, a recovery-oriented treatment program for people with 219first-episode psychosis, as defined by evidence-based standards, including, but not limited to the 220most current guidelines issued by the National Institute of Mental Health. Programs may also 221include those specifically designed for pediatric patients under the age of 19 that have been 222adapted from guidelines issued by the federal Substance Abuse and Mental Health Services 223Administration or the National Institute of Mental Health. 12 of 16 224 “Evidence-based practice”, treatments that are supported by clinical research, including, 225but not limited to, research supporting practice modifications relevant to the treatment of 226pediatric patients. 227 “First episode psychosis treatment”, treatment initiated within 74 weeks of the first time 228an individual experiences an episode of psychosis. 229 “Serious emotional disturbance”, mental, behavioral or emotional disorders in children or 230adolescents under age 19 that have resulted in functional impairment that substantially interferes 231with or limits the child’s role or functioning in family, school or community activities. 232 “Serious mental illness”, mental, behavioral or emotional disorders resulting in serious 233functional impairment that substantially interferes with or limits at least 1 major life activity for 234an individual not less than 19 years old with a psychiatric diagnosis as defined in the American 235Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. 236 (b) A contract between a member and a health maintenance organization shall provide 237coverage for wrap-around coordinated specialty care services for first episode psychosis 238treatment and assertive community treatment for early or ongoing treatment of person with a 239previous episode of psychosis who has a serious mental illness or serious emotional disturbance. 240Coverage under this section shall not be construed as imposing a limit on the number of visits an 241individual may make to a provider of any of the services under this section. 242 (c) Payment for the services performed under the treatment models listed in this section 243shall be based on a bundled treatment model or payment, rather than fee for service payment for 244each separate service delivered by a treatment team member. 13 of 16 245 (d) To determine medical necessity for the treatment approaches under this section, 246neither disability nor functional impairment shall be a precondition to receive the treatment. 247Medical necessity shall be presumed following a recommendation by a licensed physician, 248licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social 249worker. 250 SECTION 8. Chapter 176I of the General Laws is hereby amended by adding the 251following section:- 252 Section 14. (a) For the purposes of this section, the following words shall have the 253following meanings unless the context clearly requires otherwise: 254 “Assertive Community Treatment”, a team-based, evidenced-based treatment practice 255that offers treatment, rehabilitation, and support services, using a person-centered, recovery- 256based flexible treatment program, as defined by evidence-based standards, including, but not 257limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health 258Services Administration. Practice may also include those modalities specifically designed for 259pediatric patients under the age of 19 that have been adapted from guidelines issued by the 260federal Substance Abuse and Mental Health Services Administration or the National Institute of 261Health. 262 “Behavioral health services”, care and services for the evaluation, diagnosis, treatment or 263management of patients with mental health, developmental or substance use disorders. 264 “Coordinated Specialty Care”, a recovery-oriented treatment program for people with 265first-episode psychosis, as defined by evidence-based standards, including, but not limited to the 266most current guidelines issued by the National Institute of Mental Health. Programs may also 14 of 16 267include those specifically designed for pediatric patients under the age of 19 that have been 268adapted from guidelines issued by the federal Substance Abuse and Mental Health Services 269Administration or the National Institute of Mental Health. 270 “Evidence-based practice”, treatments that are supported by clinical research, including, 271but not limited to, research supporting practice modifications relevant to the treatment of 272pediatric patients. 273 “First episode psychosis treatment”, treatment initiated within 74 weeks of the first time 274an individual experiences an episode of psychosis. 275 “Serious emotional disturbance”, mental, behavioral or emotional disorders in children or 276adolescents under age 19 that have resulted in functional impairment that substantially interferes 277with or limits the child’s role or functioning in family, school or community activities. 278 “Serious mental illness”, mental, behavioral or emotional disorders resulting in serious 279functional impairment that substantially interferes with or limits at least 1 major life activity for 280an individual not less than 19 years old with a psychiatric diagnosis as defined in the American 281Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. 282 (b) A preferred provider contract between a covered person and an organization shall 283provide coverage for wrap-around coordinated specialty care services for first episode psychosis 284treatment and assertive community treatment for early or ongoing treatment of person with a 285previous episode of psychosis who has a serious mental illness or serious emotional disturbance. 286Coverage under this section shall not be construed as imposing a limit on the number of visits an 287individual may make to a provider of any of the services under this section. 15 of 16 288 (c) Payment for the services performed under the treatment models listed in this section 289shall be based on a bundled treatment model or payment, rather than fee for service payment for 290each separate service delivered by a treatment team member. 291 (d) To determine medical necessity for the treatment approaches under this section, 292neither disability nor functional impairment shall be a precondition to receive the treatment. 293Medical necessity shall be presumed following a recommendation by a licensed physician, 294licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social 295worker. 296 SECTION 9. Not later than 6 months after the effective date of this act, the division of 297insurance shall convene a working group of insurance companies and mental health treatment 298providers that deliver the bundled treatment approaches listed in section 32 of chapter 32A, 299section 39 of chapter 176A, section 26 of chapter 176B, section 34 of chapter 176G and section 30014 of chapter 176I to determine a coding solution to allow the bundled treatment models to be 301coded and paid for as a bundle of services, similar to bundled payments under a single billing 302code for physical health care. 303 SECTION 10. The group insurance commission, the division of insurance and the health 304connector shall promulgate any regulations necessary to implement this section not later than six 305months after enactment. 306 SECTION 11. All carriers must implement these benefits and demonstrate to the 307Division of Insurance the adequacy of their provider networks for these services by the effective 308date of this act. Any carrier that fails to demonstrate adequate networks of providers of these 309services by the effective date shall: 16 of 16 310 (a) assist any plan member to find an out-of-network CSC program or ACT program and 311to cover those services as if they were furnished in network; and 312 (b) report monthly to the Division of Insurance on the status of their networks, and pay a 313fine of $50,000 per month. 314 SECTION 12. After 5 years following full implementation of this act, the health policy 315commission, the division of insurance and the group insurance commission shall collaborate to 316perform an independent analysis of the impact of the coverage of the team-based treatment 317models provided under this section upon savings in hospitalization costs or other costs and on 318any increase in cost to the group insurance commission, the division of insurance or group 319insurance commission members. The analysis shall review claims payment and plan and 320consumer cost data for the largest group insurance commission plans that comprise at least 80 321per cent of the covered lives at the time of the study. 322 SECTION 13. This act shall take effect 1 year after its passage.