1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 1661 FILED ON: 1/16/2025 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 716 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Julian Cyr |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act relative to telehealth parity for nutrition counseling. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 6 |
---|
16 | 16 | | SENATE DOCKET, NO. 1661 FILED ON: 1/16/2025 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 716 |
---|
18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 716) of Julian Cyr for legislation |
---|
19 | 19 | | relative to telehealth parity for nutrition counseling. Financial Services. |
---|
20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
---|
21 | 21 | | SEE SENATE, NO. 618 OF 2023-2024.] |
---|
22 | 22 | | The Commonwealth of Massachusetts |
---|
23 | 23 | | _______________ |
---|
24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
---|
25 | 25 | | (2025-2026) |
---|
26 | 26 | | _______________ |
---|
27 | 27 | | An Act relative to telehealth parity for nutrition counseling. |
---|
28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
29 | 29 | | of the same, as follows: |
---|
30 | 30 | | 1 SECTION 1. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of |
---|
31 | 31 | | 2chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- |
---|
32 | 32 | | 3 “Medical nutrition therapy” the provision of nutrition care services, including nutrition |
---|
33 | 33 | | 4counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
34 | 34 | | 5as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
35 | 35 | | 6management, or treatment of a disease or condition. |
---|
36 | 36 | | 7 SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by |
---|
37 | 37 | | 8section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection |
---|
38 | 38 | | 9(g) and inserting in place thereof the following subsection:- 2 of 6 |
---|
39 | 39 | | 10 (g) The commission shall ensure that the rate of payment for in-network providers of |
---|
40 | 40 | | 11behavioral health services and in-network providers of medical nutrition therapy delivered via |
---|
41 | 41 | | 12interactive audio-video technology and audio-only telephone shall be no less than the rate of |
---|
42 | 42 | | 13payment for the same service delivered via in-person methods; provided, that this subsection |
---|
43 | 43 | | 14shall apply to providers of behavioral health services and medical nutrition therapy covered as |
---|
44 | 44 | | 15required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of |
---|
45 | 45 | | 16chapter 176O. |
---|
46 | 46 | | 17 SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40 |
---|
47 | 47 | | 18of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- |
---|
48 | 48 | | 19 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition |
---|
49 | 49 | | 20counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
50 | 50 | | 21as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
51 | 51 | | 22management, or treatment of a disease or condition. |
---|
52 | 52 | | 23 SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by |
---|
53 | 53 | | 24section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out |
---|
54 | 54 | | 25subsection (g) and inserting in place thereof the following subsection:- |
---|
55 | 55 | | 26 (g) The division shall ensure that the rate of payment for in-network providers of |
---|
56 | 56 | | 27behavioral health services and in-network providers of medical nutrition therapy delivered via |
---|
57 | 57 | | 28interactive audio-video technology and audio-only telephone shall be no less than the rate of |
---|
58 | 58 | | 29payment for the same service delivered via in-person methods; provided, that this subsection |
---|
59 | 59 | | 30shall apply to providers of behavioral health services and providers of medical nutrition therapy 3 of 6 |
---|
60 | 60 | | 31covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of |
---|
61 | 61 | | 32section 6 of chapter 176O. |
---|
62 | 62 | | 33 SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as |
---|
63 | 63 | | 34inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting the |
---|
64 | 64 | | 35following definition:- |
---|
65 | 65 | | 36 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition |
---|
66 | 66 | | 37counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
67 | 67 | | 38as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
68 | 68 | | 39management, or treatment of a disease or condition. |
---|
69 | 69 | | 40 SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by |
---|
70 | 70 | | 41section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out |
---|
71 | 71 | | 42subsection (g) and inserting in place thereof the following subsection:- |
---|
72 | 72 | | 43 (g) Insurance companies organized under this chapter shall ensure that the rate of |
---|
73 | 73 | | 44payment for in-network providers of behavioral health services and in-network providers of |
---|
74 | 74 | | 45medical nutrition therapy delivered via interactive audio-video technology and audio-only |
---|
75 | 75 | | 46telephone shall be no less than the rate of payment for the same service delivered via in-person |
---|
76 | 76 | | 47methods; provided, that this subsection shall apply to providers of behavioral health services and |
---|
77 | 77 | | 48providers of medical nutrition therapy covered as required under subclause (i) of clause (4) of the |
---|
78 | 78 | | 49second sentence of subsection (a) of section 6 of chapter 176O. |
---|
79 | 79 | | 50 SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49 |
---|
80 | 80 | | 51of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- 4 of 6 |
---|
81 | 81 | | 52 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition |
---|
82 | 82 | | 53counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
83 | 83 | | 54as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
84 | 84 | | 55management, or treatment of a disease or condition. |
---|
85 | 85 | | 56 SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by |
---|
86 | 86 | | 57section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out |
---|
87 | 87 | | 58subsection (g) and inserting in place thereof the following subsection:- |
---|
88 | 88 | | 59 (g) Hospital service corporations shall ensure that the rate of payment for in-network |
---|
89 | 89 | | 60providers of behavioral health services and in-network providers of medical nutrition therapy |
---|
90 | 90 | | 61delivered via interactive audio-video technology and audio-only telephone shall be no less than |
---|
91 | 91 | | 62the rate of payment for the same service delivered via in-person methods; provided, that this |
---|
92 | 92 | | 63subsection shall apply to providers of behavioral health services and providers of medical |
---|
93 | 93 | | 64nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of |
---|
94 | 94 | | 65subsection (a) of section 6 of chapter 176O. |
---|
95 | 95 | | 66 SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51 |
---|
96 | 96 | | 67of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- |
---|
97 | 97 | | 68 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition |
---|
98 | 98 | | 69counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
99 | 99 | | 70as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
100 | 100 | | 71management, or treatment of a disease or condition. 5 of 6 |
---|
101 | 101 | | 72 SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by |
---|
102 | 102 | | 73section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out |
---|
103 | 103 | | 74subsection (g) and inserting in place thereof the following subsection:- |
---|
104 | 104 | | 75 (g) Medical service corporations shall ensure that the rate of payment for in-network |
---|
105 | 105 | | 76providers of behavioral health services and in-network providers of medical nutrition therapy |
---|
106 | 106 | | 77delivered via interactive audio-video technology and audio-only telephone shall be no less than |
---|
107 | 107 | | 78the rate of payment for the same service delivered via in-person methods; provided, that this |
---|
108 | 108 | | 79subsection shall apply to providers of behavioral health services and providers of medical |
---|
109 | 109 | | 80nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of |
---|
110 | 110 | | 81subsection (a) of section 6 of chapter 176O. |
---|
111 | 111 | | 82 SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51 |
---|
112 | 112 | | 83of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- |
---|
113 | 113 | | 84 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition |
---|
114 | 114 | | 85counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
115 | 115 | | 86as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
116 | 116 | | 87management, or treatment of a disease or condition. |
---|
117 | 117 | | 88 SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by |
---|
118 | 118 | | 89section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out |
---|
119 | 119 | | 90subsection (g) and inserting in place thereof the following subsection:- |
---|
120 | 120 | | 91 (g) Health maintenance organizations shall ensure that the rate of payment for in- |
---|
121 | 121 | | 92network providers of behavioral health services and in-network providers of medical nutrition |
---|
122 | 122 | | 93therapy delivered via interactive audio-video technology and audio-only telephone shall be no 6 of 6 |
---|
123 | 123 | | 94less than the rate of payment for the same service delivered via in-person methods; provided, that |
---|
124 | 124 | | 95this subsection shall apply to providers of behavioral health services and providers of medical |
---|
125 | 125 | | 96nutrition therapy covered as required under subclause (i) of clause (4) of the second sentence of |
---|
126 | 126 | | 97subsection (a) of section 6 of chapter 176O. |
---|
127 | 127 | | 98 SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51 |
---|
128 | 128 | | 99of chapter 260 of the acts of 2020, is hereby amended by inserting the following definition:- |
---|
129 | 129 | | 100 “Medical Nutrition Therapy” the provision of nutrition care services, including nutrition |
---|
130 | 130 | | 101counseling, provided by a licensed dietitian/nutritionist within the field of dietetics and nutrition |
---|
131 | 131 | | 102as defined in section 201 of chapter 112 of the General Laws, aimed at prevention, delay, |
---|
132 | 132 | | 103management, or treatment of a disease or condition. |
---|
133 | 133 | | 104 SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section |
---|
134 | 134 | | 10540 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) |
---|
135 | 135 | | 106and inserting in place thereof the following subsection:- |
---|
136 | 136 | | 107 (g) Organizations shall ensure that the rate of payment for in-network providers of |
---|
137 | 137 | | 108behavioral health services and in-network providers of medical nutrition therapy delivered via |
---|
138 | 138 | | 109interactive audio-video technology and audio-only telephone shall be no less than the rate of |
---|
139 | 139 | | 110payment for the same service delivered via in-person methods; provided, that this subsection |
---|
140 | 140 | | 111shall apply to providers of behavioral health services and providers of medical nutrition therapy |
---|
141 | 141 | | 112covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of |
---|
142 | 142 | | 113section 6 of chapter 176O. |
---|