Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S716 Compare Versions

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22 SENATE DOCKET, NO. 1661 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 716
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 telehealth parity for nutrition counseling.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 6
1616 SENATE DOCKET, NO. 1661 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 716
1818 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 716) of Julian Cyr for legislation
1919 relative to telehealth parity for nutrition counseling. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 618 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act relative to telehealth parity for nutrition counseling.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of
3131 2chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:-
3232 3 “Medical nutrition therapy” the provision of nutrition care services, including nutrition
3333 4counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
3434 5as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
3535 6management, or treatment of a disease or condition.
3636 7 SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by
3737 8section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection
3838 9(g) and inserting in place thereof the following subsection:- 2 of 6
3939 10 (g) The commission shall ensure that the rate of payment for in-network providers of
4040 11behavioral health services and in-network providers of medical nutrition therapy delivered via
4141 12interactive audio-video technology and audio-only telephone shall be no less than the rate of
4242 13payment for the same service delivered via in-person methods; provided, that this subsection
4343 14shall apply to providers of behavioral health services and medical nutrition therapy covered as
4444 15required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of
4545 16chapter 176O.
4646 17 SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40
4747 18of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:-
4848 19 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition
4949 20counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
5050 21as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
5151 22management, or treatment of a disease or condition.
5252 23 SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by
5353 24section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
5454 25subsection (g) and inserting in place thereof the following subsection:-
5555 26 (g) The division shall ensure that the rate of payment for in-network providers of
5656 27behavioral health services and in-network providers of medical nutrition therapy delivered via
5757 28interactive audio-video technology and audio-only telephone shall be no less than the rate of
5858 29payment for the same service delivered via in-person methods; provided, that this subsection
5959 30shall apply to providers of behavioral health services and providers of medical nutrition therapy 3 of 6
6060 31covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of
6161 32section 6 of chapter 176O.
6262 33 SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as
6363 34inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting the
6464 35following definition:-
6565 36 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition
6666 37counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
6767 38as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
6868 39management, or treatment of a disease or condition.
6969 40 SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by
7070 41section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
7171 42subsection (g) and inserting in place thereof the following subsection:-
7272 43 (g) Insurance companies organized under this chapter shall ensure that the rate of
7373 44payment for in-network providers of behavioral health services and in-network providers of
7474 45medical nutrition therapy delivered via interactive audio-video technology and audio-only
7575 46telephone shall be no less than the rate of payment for the same service delivered via in-person
7676 47methods; provided, that this subsection shall apply to providers of behavioral health services and
7777 48providers of medical nutrition therapy covered as required under subclause (i) of clause (4) of the
7878 49second sentence of subsection (a) of section 6 of chapter 176O.
7979 50 SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49
8080 51of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 4 of 6
8181 52 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition
8282 53counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
8383 54as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
8484 55management, or treatment of a disease or condition.
8585 56 SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by
8686 57section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
8787 58subsection (g) and inserting in place thereof the following subsection:-
8888 59 (g) Hospital service corporations shall ensure that the rate of payment for in-network
8989 60providers of behavioral health services and in-network providers of medical nutrition therapy
9090 61delivered via interactive audio-video technology and audio-only telephone shall be no less than
9191 62the rate of payment for the same service delivered via in-person methods; provided, that this
9292 63subsection shall apply to providers of behavioral health services and providers of medical
9393 64nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of
9494 65subsection (a) of section 6 of chapter 176O.
9595 66 SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51
9696 67of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:-
9797 68 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition
9898 69counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
9999 70as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
100100 71management, or treatment of a disease or condition. 5 of 6
101101 72 SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by
102102 73section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
103103 74subsection (g) and inserting in place thereof the following subsection:-
104104 75 (g) Medical service corporations shall ensure that the rate of payment for in-network
105105 76providers of behavioral health services and in-network providers of medical nutrition therapy
106106 77delivered via interactive audio-video technology and audio-only telephone shall be no less than
107107 78the rate of payment for the same service delivered via in-person methods; provided, that this
108108 79subsection shall apply to providers of behavioral health services and providers of medical
109109 80nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of
110110 81subsection (a) of section 6 of chapter 176O.
111111 82 SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51
112112 83of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:-
113113 84 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition
114114 85counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
115115 86as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
116116 87management, or treatment of a disease or condition.
117117 88 SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by
118118 89section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
119119 90subsection (g) and inserting in place thereof the following subsection:-
120120 91 (g) Health maintenance organizations shall ensure that the rate of payment for in-
121121 92network providers of behavioral health services and in-network providers of medical nutrition
122122 93therapy delivered via interactive audio-video technology and audio-only telephone shall be no 6 of 6
123123 94less than the rate of payment for the same service delivered via in-person methods; provided, that
124124 95this subsection shall apply to providers of behavioral health services and providers of medical
125125 96nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of
126126 97subsection (a) of section 6 of chapter 176O.
127127 98 SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51
128128 99of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:-
129129 100 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition
130130 101counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition
131131 102as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay,
132132 103management, or treatment of a disease or condition.
133133 104 SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section
134134 10540 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g)
135135 106and inserting in place thereof the following subsection:-
136136 107 (g) Organizations shall ensure that the rate of payment for in-network providers of
137137 108behavioral health services and in-network providers of medical nutrition therapy delivered via
138138 109interactive audio-video technology and audio-only telephone shall be no less than the rate of
139139 110payment for the same service delivered via in-person methods; provided, that this subsection
140140 111shall apply to providers of behavioral health services and providers of medical nutrition therapy
141141 112covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of
142142 113section 6 of chapter 176O.