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2 | 2 | | SENATE DOCKET, NO. 2233 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 746 |
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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 | | Paul R. Feeney |
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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 to improve patient access to non-emergency medical transportation. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 2233 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 746 |
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18 | 18 | | By Mr. Feeney, a petition (accompanied by bill, Senate, No. 746) of Paul R. Feeney for |
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19 | 19 | | legislation to improve patient access to non-emergency medical transportation. Financial |
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20 | 20 | | Services. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to improve patient access to non-emergency medical transportation. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 Official |
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30 | 30 | | 2Edition, is hereby amended by adding the following section:- |
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31 | 31 | | 3 Section 34. If required by the commission, any prior authorization for nonemergency |
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32 | 32 | | 4ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, |
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33 | 33 | | 5inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, |
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34 | 34 | | 6shall be valid for a minimum of 3 business days. |
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35 | 35 | | 7 SECTION 2. Chapter 118E of the General Laws, as so appearing, is hereby amended by |
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36 | 36 | | 8adding the following section:- |
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37 | 37 | | 9 Section 83. (a) The division and its contracted health insurers, health plans, health |
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38 | 38 | | 10maintenance organizations, behavioral health management firms and third-party administrators |
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39 | 39 | | 11under contract to a Medicaid managed care organization or primary care clinician plan shall issue |
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40 | 40 | | 12payments to eligible providers, as defined by regulation 101 CMR 327.00, and nonpublic 2 of 4 |
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41 | 41 | | 13ambulance service providers, as defined by regulation 101 CMR 327.00, in an amount no less |
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42 | 42 | | 14than 2 and one half times the determined rates for authorized ambulance and wheelchair van |
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43 | 43 | | 15services for: ambulance service, advanced life support, nonemergency transport (101 CMR |
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44 | 44 | | 16327.00 Code A0426); ambulance service, basic life support, nonemergency transport (101 CMR |
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45 | 45 | | 17327.00 Code A0428); nonemergency wheelchair van transportation (101 CMR 327.00 Code |
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46 | 46 | | 18A0130); nonemergency wheelchair transportation with loaded mileage (101 CMR 327.00 Code |
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47 | 47 | | 19S0215) and; nonemergency wheelchair transportation with patient attendant or escort (101 CMR |
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48 | 48 | | 20327.00 Code T2001) when transporting covered members to inpatient and outpatient dialysis |
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49 | 49 | | 21treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post- |
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50 | 50 | | 22acute care, inclusive. Any required prior authorization for these services shall be valid for a |
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51 | 51 | | 23minimum of 3 business days. |
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52 | 52 | | 24 (b) The executive office shall promulgate regulations as necessary to carry out this |
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53 | 53 | | 25section. |
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54 | 54 | | 26 SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by |
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55 | 55 | | 27adding the following section:- |
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56 | 56 | | 28 Section 231. If required by a policy, contract, agreement, plan or certificate of insurance |
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57 | 57 | | 29issued, delivered or renewed within or without the commonwealth, which is considered |
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58 | 58 | | 30creditable coverage under section 1 of chapter 111M, any prior authorization for nonemergency |
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59 | 59 | | 31ambulance and wheelchair van transportation to inpatient and outpatient dialysis treatment, |
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60 | 60 | | 32inpatient and outpatient behavioral health services, and inpatient and outpatient post-acute care, |
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61 | 61 | | 33shall be valid for a minimum of 3 business days. 3 of 4 |
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62 | 62 | | 34 SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by |
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63 | 63 | | 35adding the following section:- |
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64 | 64 | | 36 Section 39. If required by a contract between a subscriber and the corporation under an |
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65 | 65 | | 37individual or group hospital service plan that is delivered, issued or renewed within the |
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66 | 66 | | 38commonwealth, any prior authorization for nonemergency ambulance and wheelchair van |
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67 | 67 | | 39transportation to inpatient and outpatient dialysis treatment, inpatient and outpatient behavioral |
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68 | 68 | | 40health services, and inpatient and outpatient post-acute care, shall be valid for a minimum of 3 |
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69 | 69 | | 41business days. |
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70 | 70 | | 42 SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by |
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71 | 71 | | 43adding the following section:- |
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72 | 72 | | 44 Section 26. If required by a subscription certificate under an individual or group medical |
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73 | 73 | | 45service agreement delivered, issued or renewed within the commonwealth, any prior |
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74 | 74 | | 46authorization for nonemergency ambulance and wheelchair van transportation to inpatient and |
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75 | 75 | | 47outpatient dialysis treatment, inpatient and outpatient behavioral health services, and inpatient |
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76 | 76 | | 48and outpatient post-acute care, shall be valid for a minimum of 3 business days. |
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77 | 77 | | 49 SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by |
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78 | 78 | | 50adding the following section:- |
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79 | 79 | | 51 Section 34. If required by an individual or group health maintenance contract that is |
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80 | 80 | | 52issued or renewed within or without the commonwealth, any prior authorization for |
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81 | 81 | | 53nonemergency ambulance and wheelchair van transportation to inpatient and outpatient dialysis |
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82 | 82 | | 54treatment, inpatient and outpatient behavioral health services, and inpatient and outpatient post- |
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83 | 83 | | 55acute care, shall be valid for a minimum of 3 business days. 4 of 4 |
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84 | 84 | | 56 SECTION 7. a) Notwithstanding the provisions of any general or special law to the |
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85 | 85 | | 57contrary, the health policy commission, in collaboration with center for information and analysis, |
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86 | 86 | | 58shall study the adequacy of reimbursement rates of MassHealth and commercial carriers for |
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87 | 87 | | 59nonemergency medical transportation, including but not limited to, the role of external economic |
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88 | 88 | | 60factors on the development, sustainability, and retention of the emergency medical service |
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89 | 89 | | 61workforce, such as the increases in the minimum wage and competition from for-profit |
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90 | 90 | | 62industries. |
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