Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S763 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 945 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 763
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 and digital equity for patients.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenLindsay N. Sabadosa1st Hampshire1/17/2025Manny Cruz7th Essex2/11/2025Sal N. DiDomenicoMiddlesex and Suffolk2/20/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/27/2025Mike Connolly26th Middlesex3/5/2025 1 of 35
16	16	SENATE DOCKET, NO. 945 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 763
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 763) of Adam Gomez, Lindsay N.
19	19	Sabadosa, Manny Cruz, Sal N. DiDomenico and other members of the General Court for
20	20	legislation relative to telehealth and digital equity for patients. Financial Services.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 655 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to telehealth and digital equity for patients.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 18AA of Chapter 6A of the General Laws, as most recently inserted
32	32	2by Section 1 of Chapter 174 of the Acts of 2022, is hereby amended by inserting after the word
33	33	3“benefits” the last time it appears the following:
34	34	4 The executive office of health and human services and the executive office of housing
35	35	5and economic development shall determine a method for the common application portal to also
36	36	6allow individuals to simultaneously apply to affordable broadband programs offered by
37	37	7telecommunications providers. 2 of 35
38	38	8 SECTION 2. Section 30 of Chapter 32A of the General Laws, as most recently inserted
39	39	9by section 3 of Chapter 260 of the Acts of 2020, is hereby amended by inserting after the
40	40	10definition of “behavioral health services, the following:
41	41	11 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
42	42	12shared electronic health record (EHR) or web-based platform that are intended to improve access
43	43	13to specialty expertise for patients and providers without the need for a face-to-face visit, focused
44	44	14on a specific question. E-consults are inclusive of the consult generated from one provider or
45	45	15other qualified health professional to another, and of communications before/after consultation
46	46	16back to the member and/or the member’s caregiver.
47	47	17 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
48	48	18HIPAA-compliant secure platform or patient portal including online digital evaluation and
49	49	19management services. Such communications involve clinical decision-making comparable to
50	50	20what would occur in an in-office visits.
51	51	21 “Remote patient monitoring services”, personal health and medical data collection,
52	52	22transmission, retrieval, or messaging from a member in one location, which is then transmitted to
53	53	23a provider in a different location and is used primarily for the management, treatment, care and
54	54	24related support of ongoing health conditions via regular information inputs from members and
55	55	25member guidance outputs from healthcare providers, including the remote monitoring of a
56	56	26patient’s vital signs, biometric data, or other objective or subjective data by a device that
57	57	27transmits such data electronically to a healthcare practitioner.
58	58	28 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
59	59	29physiologic data to a healthcare provider related to a therapeutic treatment including, but not 3 of 35
60	60	30limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
61	61	31treatment response utilizing a connected electronic medical device.
62	62	32 SECTION 3. Subsection (b) of Section 30 of Chapter 32A of the General Laws, as most
63	63	33recently inserted by section 3 of Chapter 260 of the Acts of 2020, is hereby amended by inserting
64	64	34at the end thereof after the word “providers.” the following:
65	65	35 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
66	66	36e-visits, remote patient monitoring services and devices, and remote therapeutic monitoring
67	67	37services and devices.
68	68	38 SECTION 4. Section 30 of Chapter 32A of the General Laws, as most recently inserted
69	69	39by section 3 of Chapter 260 of the Acts of 2020, is hereby amended by striking out subsection (c)
70	70	40and inserting in place thereof the following:
71	71	41 (c) Coverage for telehealth services may include utilization review; provided, however,
72	72	42that any utilization review shall be made in the same manner as if the service was delivered in
73	73	43person. Carriers shall not impose any prior authorization requirements to obtain medically
74	74	44necessary health services via telehealth that would not apply to the receipt of those same services
75	75	45on an in-person basis. A carrier shall not be required to reimburse a health care provider for a
76	76	46health care service that is not a covered benefit under the plan or reimburse a health care
77	77	47provider not contracted under the plan except as provided for under subclause (i) of clause (4) of
78	78	48the second sentence of subsection (a) of section 6 of chapter 176O.
79	79	49 SECTION 5. Section 30 of Chapter 32A of the General Laws, as most recently inserted
80	80	50by Section 3 of Chapter 260 of the Acts of 2020 is hereby amended by adding at the end thereof
81	81	51the following subsections:  4 of 35
82	82	52 (i) Coverage for telehealth services shall include reimbursement for interpreter services
83	83	53for patients with limited English proficiency or those who are deaf or hard of hearing.
84	84	54 (j) Carriers providing coverage to an active or retired employee of the commonwealth
85	85	55insured under the group insurance commission shall develop and maintain procedures to identify
86	86	56and offer digital health education to enrollees with low digital health literacy to assist them with
87	87	57accessing any medical necessary covered telehealth benefits. These procedures shall include a
88	88	58digital health literacy screening program or other similar procedure to identify current enrollees
89	89	59with low digital health literacy and a digital health education program to educate insured
90	90	60members regarding the effective use of telehealth technology including but not limited to
91	91	61distributing educational materials about how to access certain telehealth technologies in multiple
92	92	62languages, including sign language, and in alternative formats; holding digital health literacy
93	93	63workshops; integrating digital health coaching; offering enrollees in-person digital health
94	94	64navigators; and partnering with local libraries and/or community centers that offer digital health
95	95	65education services and supports.
96	96	66 (k) Carriers providing coverage to an active or retired employee of the commonwealth
97	97	67insured under the group insurance commission shall make information available to the
98	98	68commission regarding the procedures that they have implemented under subsection (j) including
99	99	69but not limited to statistics on the number of enrollees identified with low digital health literacy
100	100	70and receiving digital health education, manner(s) or method of digital health literacy screening
101	101	71and digital health education, financial impact of the programs, and evaluations of effectiveness
102	102	72of digital health literacy interventions. 5 of 35
103	103	73 (l) Carriers providing coverage to an active or retired employee of the commonwealth
104	104	74insured under the group insurance commission shall not prohibit a physician licensed pursuant to
105	105	75Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare
106	106	76services to a patient who is physically located in Massachusetts at the time the healthcare
107	107	77services are provided via telehealth from providing such services from any location within
108	108	78Massachusetts or outside Massachusetts; provided, that the location from which the physician
109	109	79provides services does not compromise patient confidentiality and privacy and the location from
110	110	80which the physician provides the services does not exceed restrictions placed on the physician’s
111	111	81specific license, including but not limited to, restrictions set by the hospital, institution, clinic or
112	112	82program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws
113	113	83has been appointed.
114	114	84 SECTION 6. Subsection (a) of Section 79 of Chapter 118E of the General Laws, as most
115	115	85recently amended by Section 40 of Chapter 260 of the Acts of 2020, is hereby amended by
116	116	86inserting after the definition of “behavioral health services” the following:
117	117	87 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
118	118	88shared electronic health record (EHR) or web-based platform that are intended to improve access
119	119	89to specialty expertise for patients and providers without the need for a face-to-face visit, focused
120	120	90on a specific question. E-consults are inclusive of the consult generated from one provider or
121	121	91other qualified health professional to another, and of communications before/after consultation
122	122	92back to the member and/or the member’s caregiver.
123	123	93 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
124	124	94HIPAA-compliant secure platform or patient portal including online digital evaluation and 6 of 35
125	125	95management services. Such communications involve clinical decision-making comparable to
126	126	96what would occur in an in-office visits. “Remote patient monitoring services”, personal health
127	127	97and medical data collection, transmission, retrieval, or messaging from a member in one
128	128	98location, which is then transmitted to a provider in a different location and is used primarily for
129	129	99the management, treatment, care and related support of ongoing health conditions via regular
130	130	100information inputs from members and member guidance outputs from healthcare providers,
131	131	101including the remote monitoring of a patient’s vital signs, biometric data, or other objective or
132	132	102subjective data by a device that transmits such data electronically to a healthcare practitioner.
133	133	103 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
134	134	104physiologic data to a healthcare provider related to a therapeutic treatment including, but not
135	135	105limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
136	136	106treatment response utilizing a connected electronic medical device. SECTION 7. Subsection (b)
137	137	107of Section 79 of Chapter 118E of the General Laws, as most recently amended by Section 40 of
138	138	108Chapter 260 of the Acts of 2020, is hereby amended by inserting at the end thereof after the word
139	139	109“providers.” the following:
140	140	110 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
141	141	111e-visits, remote patient monitoring services and devices including but not limited to treatment for
142	142	112i) congenital heart diseases, ii) pulmonary conditions and lung diseases, iii) enteral nutrition and
143	143	113feeding needs, iv) failure to thrive and gain weight, and v) gastrointestinal conditions and remote
144	144	114therapeutic monitoring services, devices and associated professional care. SECTION 8. Section
145	145	11579 of Chapter 118E of the General Laws, as most recently amended by Section 40 of Chapter
146	146	116260 of the Acts of 2020, is hereby amended by striking subsection (c)and inserting in place
147	147	117thereof the following: 7 of 35
148	148	118 (c) The division, a contracted health insurer, health plan, health maintenance
149	149	119organization, behavioral health management firm or third-party administrators under contract to
150	150	120a Medicaid managed care organization or primary care clinician plan shall not impose any
151	151	121utilization management requirements, including but not limited to, prior authorization
152	152	122requirements to obtain medically necessary health services via telehealth that would not apply to
153	153	123the receipt of those same services on an in-person basis. The division, a contracted health insurer,
154	154	124health plan, health maintenance organization, behavioral health management firm or third-party
155	155	125administrator under contract to a Medicaid managed care organization or primary care clinician
156	156	126plan shall not be required to reimburse a health care provider for a health care service that is not
157	157	127a covered benefit under the plan or reimburse a health care provider not contracted under the
158	158	128plan except as provided for under subclause (i) of clause (4) of the second sentence of subsection
159	159	129(a) of section 6 of chapter 176O.
160	160	130 SECTION 9. Section 79 of Chapter 118E of the General Laws, as most recently inserted
161	161	131by Section 40 of Chapter 260 of the Acts of 2020 is hereby amended by inserting at the end
162	162	132thereof the following subsections:
163	163	133 (i) The division and its contracted health insurers, health plans, health maintenance
164	164	134organizations, behavioral health management firms and third-party administrators under contract
165	165	135to a Medicaid managed care organization, accountable care organization or primary care
166	166	136clinician plan shall include in its coverage for reimbursement for interpreter services for patients
167	167	137with limited English proficiency or those who are deaf or hard of hearing in its coverage for
168	168	138telehealth services. 8 of 35
169	169	139 (j) The division and its contracted health insurers, health plans, health maintenance
170	170	140organizations, behavioral health management firms and third-party administrators under contract
171	171	141to a Medicaid managed care organization, accountable care organization or primary care
172	172	142clinician plan shall develop and maintain procedures to identify and offer digital health education
173	173	143to members with low digital health literacy to assist them with accessing any medical necessary
174	174	144covered telehealth benefits. These procedures shall include a digital health literacy screening
175	175	145program or other similar procedure to identify new and current members with low digital health
176	176	146literacy and a digital health education program to educate insured members regarding the
177	177	147effective use of telehealth technology including but not limited to distributing educational
178	178	148materials about how to access certain telehealth technologies in multiple languages, including
179	179	149sign language, and in alternative formats; holding digital health literacy workshops; integrating
180	180	150digital health coaching; offering enrollees in-person digital health navigators; and partnering
181	181	151with local libraries and/or community centers that offer digital health education services and
182	182	152supports.
183	183	153 (k) The division and its contracted health insurers, health plans, health maintenance
184	184	154organizations, behavioral health management firms and third-party administrators under contract
185	185	155to a Medicaid managed care organization, accountable care organization or primary care
186	186	156clinician plan shall publish information annually regarding the procedures that they have
187	187	157implemented under subsection (j) including but not limited to statistics on the number of
188	188	158members identified with low digital health literacy and receiving digital health education,
189	189	159manner(s) or method of digital health literacy screening and digital health education, financial
190	190	160impact of the programs, and evaluations of effectiveness of digital health literacy interventions. 9 of 35
191	191	161 (l) The division and its contracted health insurers, health plans, health maintenance
192	192	162organizations, behavioral health management firms and third-party administrators under contract
193	193	163to a Medicaid managed care organization, accountable care organization or primary care
194	194	164clinician plan providing coverage to an active or retired employee of the commonwealth insured
195	195	165under the group insurance commission shall not prohibit a physician licensed pursuant to
196	196	166Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare
197	197	167services to a patient who is physically located in Massachusetts at the time the healthcare
198	198	168services are provided via telehealth from providing such services from any location within
199	199	169Massachusetts or outside Massachusetts; provided, that the location from which the physician
200	200	170provides services does not compromise patient confidentiality and privacy and the location from
201	201	171which the physician provides the services does not exceed restrictions placed on the physician’s
202	202	172specific license, including but not limited to, restrictions set by the hospital, institution, clinic, or
203	203	173program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws
204	204	174has been appointed.
205	205	175 (m) The division and its contracted health insurers, health plans, health maintenance
206	206	176organizations, behavioral health management firms and third-party administrators under contract
207	207	177to a Medicaid managed care organization, accountable care organization or primary care
208	208	178clinician plan shall not impose any prior authorization requirements to obtain medically
209	209	179necessary remote patient monitoring services and devices or remote therapeutic monitoring
210	210	180services or devices.
211	211	181 SECTION 10. Section 47MM of Chapter 175 of the General Laws, as most recently
212	212	182inserted by section 47 of Chapter 260 of the Acts of 2020, is hereby amended by inserting after
213	213	183the definition of “behavioral health services, the following: 10 of 35
214	214	184 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
215	215	185shared electronic health record (EHR) or web-based platform that are intended to improve access
216	216	186to specialty expertise for patients and providers without the need for a face-to-face visit, focused
217	217	187on a specific question. E-consults are inclusive of the consult generated from one provider or
218	218	188other qualified health professional to another, and of communications before/after consultation
219	219	189back to the member and/or the member’s caregiver.
220	220	190 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
221	221	191HIPAA-compliant secure platform or patient portal including online digital evaluation and
222	222	192management services. Such communications involve clinical decision-making comparable to
223	223	193what would occur in an in-office visits.
224	224	194 “Remote patient monitoring services”, personal health and medical data collection,
225	225	195transmission, retrieval, or messaging from a member in one location, which is then transmitted to
226	226	196a provider in a different location and is used primarily for the management, treatment, care and
227	227	197related support of ongoing health conditions via regular information inputs from members and
228	228	198member guidance outputs from healthcare providers, including the remote monitoring of a
229	229	199patient’s vital signs, biometric data, or other objective or subjective data by a device that
230	230	200transmits such data electronically to a healthcare practitioner.
231	231	201 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
232	232	202physiologic data to a healthcare provider related to a therapeutic treatment including, but not
233	233	203limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
234	234	204treatment response utilizing a connected electronic medical device. 11 of 35
235	235	205 SECTION 11. Subsection (b) of Section 47MM of Chapter 175 of the General Laws, as
236	236	206most recently inserted by section 47 of Chapter 260 of the Acts of 2020, is hereby amended by
237	237	207inserting at the end thereof after the word “providers.” the following:
238	238	208 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
239	239	209e-visits, remote patient monitoring services and devices, and remote therapeutic monitoring
240	240	210services and devices.SECTION 12. Section 47MM of Chapter 175 of the General Laws, as most
241	241	211recently amended by Section 47 of Chapter 260 of the Acts of 2020, is hereby amended by
242	242	212striking out subsection (c) and inserting place thereof the following:
243	243	213 (c) Coverage for telehealth services may include utilization review; provided, however,
244	244	214that any utilization review shall be made in the same manner as if the service was delivered in
245	245	215person. A policy, contract, agreement, plan or certificate of insurance issued, delivered or
246	246	216renewed within or without the commonwealth shall not impose any prior authorization
247	247	217requirements to obtain medically necessary health services via telehealth that would not apply to
248	248	218the receipt of those same services on an in-person basis. A policy, contract, agreement, plan or
249	249	219certificate of insurance issued, delivered or renewed within or without the commonwealth shall
250	250	220not be required to reimburse a health care provider for a health care service that is not a covered
251	251	221benefit under the plan or reimburse a health care provider not contracted under the plan except as
252	252	222provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section
253	253	2236 of chapter 176O.
254	254	224 SECTION 13. Section 47MM of Chapter 175 of the General Laws, as most recently
255	255	225inserted by Section 47 of Chapter 260 of the Acts of 2020 is hereby further amended by adding
256	256	226at the end thereof the following subsections: 12 of 35
257	257	227 (i) A policy, contract, agreement, plan or certificate of insurance issued, delivered or
258	258	228renewed within the commonwealth that provides coverage for telehealth services shall include
259	259	229reimbursement for interpreter services for patients with limited English proficiency or those who
260	260	230are deaf or hard of hearing.
261	261	231 (j) A policy, contract, agreement, plan or certificate of insurance issued, delivered or
262	262	232renewed within the commonwealth shall develop and maintain procedures to identify and offer
263	263	233digital health education to subscribers with low digital health literacy to assist them with
264	264	234accessing any medical necessary covered telehealth benefits. These procedures shall include a
265	265	235digital health literacy screening program or other similar procedure to identify new and current
266	266	236subscribers with low digital health literacy and a digital health education program to educate
267	267	237insured subscribers regarding the effective use of telehealth technology including but not limited
268	268	238to distributing educational materials about how to access certain telehealth technologies in
269	269	239multiple languages, including sign language, and in alternative formats; holding digital health
270	270	240literacy workshops; integrating digital health coaching; offering subscribers in-person digital
271	271	241health navigators; and partnering with local libraries and/or community centers that offer digital
272	272	242health education services and supports.
273	273	243 (k) A policy, contract, agreement, plan or certificate of insurance issued, delivered or
274	274	244renewed within the commonwealth shall publish information annually regarding the procedures
275	275	245that they have implemented under subsection (j) including but not limited to statistics on the
276	276	246number of subscribers identified with low digital health literacy and receiving digital health
277	277	247education, manner(s) or method of digital health literacy screening and digital health education,
278	278	248financial impact of the programs, and evaluations of effectiveness of digital health literacy
279	279	249interventions. 13 of 35
280	280	250 (l) A policy, contract, agreement, plan or certificate of insurance issued, delivered or
281	281	251renewed within the commonwealth shall not prohibit a physician licensed pursuant to Chapter
282	282	252112 or otherwise authorized to provide healthcare services who is providing healthcare services
283	283	253to a patient who is physically located in Massachusetts at the time the healthcare services are
284	284	254provided via telehealth from providing such services from any location within Massachusetts or
285	285	255outside Massachusetts; provided, that the location from which the physician provides services
286	286	256does not compromise patient confidentiality and privacy and the location from which the
287	287	257physician provides the services does not exceed restrictions placed on the physician’s specific
288	288	258license, including but not limited to, restrictions set by the hospital, institution, clinic or program
289	289	259in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been
290	290	260appointed.
291	291	261 SECTION 14. Section 38 of Chapter 176A of the General Laws, as most recently inserted
292	292	262by section 49 of Chapter 260 of the Acts of 2020, is hereby amended by inserting after the
293	293	263definition of “behavioral health services, the following:
294	294	264 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
295	295	265shared electronic health record (EHR) or web-based platform that are intended to improve access
296	296	266to specialty expertise for patients and providers without the need for a face-to-face visit, focused
297	297	267on a specific question. E-consults are inclusive of the consult generated from one provider or
298	298	268other qualified health professional to another, and of communications before/after consultation
299	299	269back to the member and/or the member’s caregiver.
300	300	270 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
301	301	271HIPAA-compliant secure platform or patient portal including online digital evaluation and 14 of 35
302	302	272management services. Such communications involve clinical decision-making comparable to
303	303	273what would occur in an in-office visits.
304	304	274 “Remote patient monitoring services”, personal health and medical data collection,
305	305	275transmission, retrieval, or messaging from a member in one location, which is then transmitted to
306	306	276a provider in a different location and is used primarily for the management, treatment, care and
307	307	277related support of ongoing health conditions via regular information inputs from members and
308	308	278member guidance outputs from healthcare providers, including the remote monitoring of a
309	309	279patient’s vital signs, biometric data, or other objective or subjective data by a device that
310	310	280transmits such data electronically to a healthcare practitioner.
311	311	281 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
312	312	282physiologic data to a healthcare provider related to a therapeutic treatment including, but not
313	313	283limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
314	314	284treatment response utilizing a connected electronic medical device.
315	315	285 SECTION 15. Subsection (b) of Section 38 of Chapter 176A of the General Laws, as
316	316	286most recently inserted by section 49 of Chapter 260 of the Acts of 2020, is hereby amended by
317	317	287inserting at the end thereof after the word “providers.” the following:
318	318	288 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
319	319	289e-visits, remote patient monitoring services and devices, and remote therapeutic monitoring
320	320	290services and devices.
321	321	291 SECTION 16. Section 38 of Chapter 176A of the General Laws, as most recently
322	322	292amended by Section 49 of Chapter 260 of the Acts of 2020, is hereby further amended by
323	323	293striking subsection (c) and inserting in place thereof the following: 15 of 35
324	324	294 (c) Coverage for telehealth services may include utilization review; provided, however,
325	325	295that any utilization review shall be made in the same manner as if the service was delivered in
326	326	296person. A carrier shall not impose any prior authorization requirements to obtain medically
327	327	297necessary health services via telehealth that would not apply to the receipt of those same services
328	328	298on an in-person basis. A carrier shall not be required to reimburse a health care provider for a
329	329	299health care service that is not a covered benefit under the plan or reimburse a health care
330	330	300provider not contracted under the plan except as provided for under subclause (i) of clause (4) of
331	331	301the second sentence of subsection (a) of section 6 of chapter 176O.
332	332	302 SECTION 17. Section 38 of Chapter 176A of the General Laws, as most recently inserted
333	333	303by Section 49 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end
334	334	304thereof the following subsections:
335	335	305 (i) Coverage for telehealth services shall include reimbursement for interpreter services
336	336	306for patients with limited English proficiency or those who are deaf or hard of hearing.
337	337	307 (j) Hospital service corporations shall develop and maintain procedures to identify and
338	338	308offer digital health education to subscribers with low digital health literacy to assist them with
339	339	309accessing any medical necessary covered telehealth benefits. These procedures shall include a
340	340	310digital health literacy screening program or other similar procedure to identify new and current
341	341	311subscribers with low digital health literacy and a digital health education program to educate
342	342	312insured subscribers regarding the effective use of telehealth technology including but not limited
343	343	313to distributing educational materials about how to access certain telehealth technologies in
344	344	314multiple languages, including sign language, and in alternative formats; holding digital health
345	345	315literacy workshops; integrating digital health coaching; offering subscribers in-person digital 16 of 35
346	346	316health navigators; and partnering with local libraries and/or community centers that offer digital
347	347	317health education services and supports.
348	348	318 (k) Hospital service corporations shall publish information annually regarding the
349	349	319procedures that they have implemented under subsection (j) including but not limited to statistics
350	350	320on the number of subscribers identified with low digital health literacy and receiving digital
351	351	321health education, manner(s) or method of digital health literacy screening and digital health
352	352	322education, financial impact of the programs, and evaluations of effectiveness of digital health
353	353	323literacy interventions.
354	354	324 (l) Hospital service corporations providing coverage under this section shall not prohibit a
355	355	325physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare
356	356	326services who is providing healthcare services to a patient who is physically located in
357	357	327Massachusetts at the time the healthcare services are provided via telehealth from providing such
358	358	328services from any location within Massachusetts or outside Massachusetts; provided, that the
359	359	329location from which the physician provides services does not compromise patient confidentiality
360	360	330and privacy and the location from which the physician provides the services does not exceed
361	361	331restrictions placed on the physician’s specific license, including but not limited to, restrictions set
362	362	332by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9
363	363	333of Chapter 112 of the General Laws has been appointed.
364	364	334 SECTION 18. Section 25 of Chapter 176B of the General Laws, as most recently inserted
365	365	335by section 51 of Chapter 260 of the Acts of 2020, is hereby amended by inserting after the
366	366	336definition of “behavioral health services, the following: 17 of 35
367	367	337 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
368	368	338shared electronic health record (EHR) or web-based platform that are intended to improve access
369	369	339to specialty expertise for patients and providers without the need for a face-to-face visit, focused
370	370	340on a specific question. E-consults are inclusive of the consult generated from one provider or
371	371	341other qualified health professional to another, and of communications before/after consultation
372	372	342back to the member and/or the member’s caregiver.
373	373	343 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
374	374	344HIPAA-compliant secure platform or patient portal including online digital evaluation and
375	375	345management services. Such communications involve clinical decision-making comparable to
376	376	346what would occur in an in-office visits.
377	377	347 “Remote patient monitoring services”, personal health and medical data collection,
378	378	348transmission, retrieval, or messaging from a member in one location, which is then transmitted to
379	379	349a provider in a different location and is used primarily for the management, treatment, care and
380	380	350related support of ongoing health conditions via regular information inputs from members and
381	381	351member guidance outputs from healthcare providers, including the remote monitoring of a
382	382	352patient’s vital signs, biometric data, or other objective or subjective data by a device that
383	383	353transmits such data electronically to a healthcare practitioner.
384	384	354 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
385	385	355physiologic data to a healthcare provider related to a therapeutic treatment including, but not
386	386	356limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
387	387	357treatment response utilizing a connected electronic medical device. 18 of 35
388	388	358 SECTION 19. Subsection (b) of Section 25 of Chapter 176A of the General Laws, as
389	389	359most recently inserted by section 3 of Chapter 260 of the Acts of 2020, is hereby amended by
390	390	360inserting at the end thereof after the word “providers.” the following:
391	391	361 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
392	392	362e-visits, remote patient monitoring services and devices, and remote therapeutic monitoring
393	393	363services and devices.
394	394	364 SECTION 20. Section 25 of Chapter 176B of the General Laws, as most recently
395	395	365amended by Section 51 of Chapter 260 of the Acts of 2020, is hereby further amended by
396	396	366striking subsection (c) and inserting in place thereof the following:
397	397	367 (c) Coverage for telehealth services may include utilization review; provided, however,
398	398	368that any utilization review shall be made in the same manner as if the service was delivered in
399	399	369person. A carrier shall not impose any prior authorization requirements to obtain medically
400	400	370necessary health services via telehealth that would not apply to the receipt of those same services
401	401	371on an in-person basis. A carrier shall not be required to reimburse a health care provider for a
402	402	372health care service that is not a covered benefit under the plan or reimburse a health care
403	403	373provider not contracted under the plan except as provided for under subclause (i) of clause (4) of
404	404	374the second sentence of subsection (a) of section 6 of chapter 176O.
405	405	375 SECTION 21.  Section 25 of Chapter 176B of the General Laws, as most recently
406	406	376inserted by Section 51 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the
407	407	377end thereof the following subsections: 19 of 35
408	408	378 (i) A contract that provides coverage for telehealth services shall include reimbursement
409	409	379for interpreter services for patients with limited English proficiency or those who are deaf or
410	410	380hard of hearing who require interpreter services.
411	411	381 (j) Medical service corporations shall develop and maintain procedures to identify and
412	412	382offer digital health education to subscribers with low digital health literacy to assist them with
413	413	383accessing any medical necessary covered telehealth benefits. These procedures shall include a
414	414	384digital health literacy screening program or other similar procedure to identify new and current
415	415	385subscribers with low digital health literacy and a digital health education program to educate
416	416	386insured subscribers regarding the effective use of telehealth technology including but not limited
417	417	387to distributing educational materials about how to access certain telehealth technologies in
418	418	388multiple languages, including sign language, and in alternative formats; holding digital health
419	419	389literacy workshops; integrating digital health coaching; offering subscribers in-person digital
420	420	390health navigators; and partnering with local libraries and/or community centers that offer digital
421	421	391health education services and supports.
422	422	392 (k) Medical service corporations shall publish information annually regarding the
423	423	393procedures that they have implemented under subsection (j) including but not limited to statistics
424	424	394on the number of subscribers identified with low digital health literacy and receiving digital
425	425	395health education, manner(s) or method of digital health literacy screening and digital health
426	426	396education, financial impact of the programs, and evaluations of effectiveness of digital health
427	427	397literacy interventions.
428	428	398 (l) Medical service corporations providing coverage under this section shall not prohibit a
429	429	399physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare 20 of 35
430	430	400services who is providing healthcare services to a patient who is physically located in
431	431	401Massachusetts at the time the healthcare services are provided via telehealth from providing such
432	432	402services from any location within Massachusetts or outside Massachusetts; provided, that the
433	433	403location from which the physician provides services does not compromise patient confidentiality
434	434	404and privacy and the location from which the physician provides the services does not exceed
435	435	405restrictions placed on the physician’s specific license, including but not limited to, restrictions set
436	436	406by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9
437	437	407of Chapter 112 of the General Laws has been appointed.
438	438	408 SECTION 22. Section 33 of Chapter 176G of the General Laws, as most recently inserted
439	439	409by section 53 of Chapter 260 of the Acts of 2020, is hereby amended by inserting after the
440	440	410definition of “behavioral health services, the following:
441	441	411 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
442	442	412shared electronic health record (EHR) or web-based platform that are intended to improve access
443	443	413to specialty expertise for patients and providers without the need for a face-to-face visit, focused
444	444	414on a specific question. E-consults are inclusive of the consult generated from one provider or
445	445	415other qualified health professional to another, and of communications before/after consultation
446	446	416back to the member and/or the member’s caregiver.
447	447	417 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
448	448	418HIPAA-compliant secure platform or patient portal including online digital evaluation and
449	449	419management services. Such communications involve clinical decision-making comparable to
450	450	420what would occur in an in-office visits. 21 of 35
451	451	421 “Remote patient monitoring services”, personal health and medical data collection,
452	452	422transmission, retrieval, or messaging from a member in one location, which is then transmitted to
453	453	423a provider in a different location and is used primarily for the management, treatment, care and
454	454	424related support of ongoing health conditions via regular information inputs from members and
455	455	425member guidance outputs from healthcare providers, including the remote monitoring of a
456	456	426patient’s vital signs, biometric data, or other objective or subjective data by a device that
457	457	427transmits such data electronically to a healthcare practitioner.
458	458	428 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
459	459	429physiologic data to a healthcare provider related to a therapeutic treatment including, but not
460	460	430limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
461	461	431treatment response utilizing a connected electronic medical device.
462	462	432 SECTION 23. Subsection (b) of Section 33 of Chapter 176G of the General Laws, as
463	463	433most recently inserted by section 53 of Chapter 260 of the Acts of 2020, is hereby amended by
464	464	434inserting at the end thereof after the word “providers.” the following:
465	465	435 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
466	466	436e-visits, remote patient monitoring services and devices, and remote therapeutic monitoring
467	467	437services and devices.
468	468	438 SECTION 24. Section 33 of Chapter 176G of the General Laws, as most recently
469	469	439amended by Section 53 of Chapter 260 of the Acts of 2020, is hereby further amended by
470	470	440striking subsection (c) and inserting in place thereof the following:
471	471	441 (c) Coverage for telehealth services may include utilization review; provided, however,
472	472	442that any utilization review shall be made in the same manner as if the service was delivered in 22 of 35
473	473	443person. A health maintenance organization shall not impose any prior authorization requirements
474	474	444to obtain medically necessary health services via telehealth that would not apply to the receipt of
475	475	445those same services on an in-person basis. A health maintenance organization shall not be
476	476	446required to reimburse a health care provider for a health care service that is not a covered benefit
477	477	447under the plan or reimburse a health care provider not contracted under the plan except as
478	478	448provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section
479	479	4496 of chapter 176O.
480	480	450 SECTION 25. Section 33 of Chapter 176G of the General Laws, as most recently inserted
481	481	451by Section 53 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end
482	482	452thereof the following subsection:
483	483	453 (i) A contract that provides coverage for telehealth services shall include reimbursement
484	484	454for interpreter services for patients with limited English proficiency or those who are deaf or
485	485	455hard of hearing.
486	486	456 (j) Health maintenance organizations shall develop and maintain procedures to identify
487	487	457and offer digital health education to members with low digital health literacy to assist them with
488	488	458accessing any medical necessary covered telehealth benefits. These procedures shall include a
489	489	459digital health literacy screening program or other similar procedure to identify new and current
490	490	460members with low digital health literacy and a digital health education program to educate
491	491	461insured subscribers regarding the effective use of telehealth technology including but not limited
492	492	462to distributing educational materials about how to access certain telehealth technologies in
493	493	463multiple languages, including sign language, and in alternative formats; holding digital health
494	494	464literacy workshops; integrating digital health coaching; offering subscribers in-person digital 23 of 35
495	495	465health navigators; and partnering with local libraries and/or community centers that offer digital
496	496	466health education services and supports.
497	497	467 (k) Health maintenance organizations shall publish information annually regarding the
498	498	468procedures that they have implemented under subsection (j) including but not limited to statistics
499	499	469on the number of subscribers identified with low digital health literacy and receiving digital
500	500	470health education, manner(s) or method of digital health literacy screening and digital health
501	501	471education, financial impact of the programs, and evaluations of effectiveness of digital health
502	502	472literacy interventions.
503	503	473 (l) Health maintenance organizations providing coverage under this section shall not
504	504	474prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide
505	505	475healthcare services who is providing healthcare services to a patient who is physically located in
506	506	476Massachusetts at the time the healthcare services are provided via telehealth from providing such
507	507	477services from any location within Massachusetts or outside Massachusetts; provided, that the
508	508	478location from which the physician provides services does not compromise patient confidentiality
509	509	479and privacy and the location from which the physician provides the services does not exceed
510	510	480restrictions placed on the physician’s specific license, including but not limited to, restrictions set
511	511	481by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9
512	512	482of Chapter 112 of the General Laws has been appointed.
513	513	483 SECTION 26. Section 13 of Chapter 176I of the General Laws, as most recently inserted
514	514	484by section 54 of Chapter 260 of the Acts of 2020, is hereby amended by inserting after the
515	515	485definition of “behavioral health services, the following: 24 of 35
516	516	486 “E-consults”, asynchronous, consultative, provider-to-provider communications within a
517	517	487shared electronic health record (EHR) or web-based platform that are intended to improve access
518	518	488to specialty expertise for patients and providers without the need for a face-to-face visit, focused
519	519	489on a specific question. E-consults are inclusive of the consult generated from one provider or
520	520	490other qualified health professional to another, and of communications before/after consultation
521	521	491back to the member and/or the member’s caregiver.
522	522	492 “E-Visits”, patient-initiated, non face-to-face digital communications conducted via a
523	523	493HIPAA-compliant secure platform or patient portal including online digital evaluation and
524	524	494management services. Such communications involve clinical decision-making comparable to
525	525	495what would occur in an in-office visits.
526	526	496 “Remote patient monitoring services”, personal health and medical data collection,
527	527	497transmission, retrieval, or messaging from a member in one location, which is then transmitted to
528	528	498a provider in a different location and is used primarily for the management, treatment, care and
529	529	499related support of ongoing health conditions via regular information inputs from members and
530	530	500member guidance outputs from healthcare providers, including the remote monitoring of a
531	531	501patient’s vital signs, biometric data, or other objective or subjective data by a device that
532	532	502transmits such data electronically to a healthcare practitioner.
533	533	503 “Remote therapeutic monitoring services”, the collection, storage and transfer of non-
534	534	504physiologic data to a healthcare provider related to a therapeutic treatment including, but not
535	535	505limited to, data on a patient’s musculoskeletal or respiratory system, treatment adherence, and
536	536	506treatment response utilizing a connected electronic medical device. 25 of 35
537	537	507 SECTION 27. Subsection (b) of Section 13 of Chapter 176I of the General Laws, as most
538	538	508recently inserted by section 54 of Chapter 260 of the Acts of 2020, is hereby amended by
539	539	509inserting at the end thereof after the word “providers.” the following:
540	540	510 Coverage for telehealth services shall include coverage and reimbursement for e-consults,
541	541	511e-visits, remote patient monitoring services and devices, and remote therapeutic monitoring
542	542	512services and devices.SECTION 28. Section 13 of Chapter 176I of the General Laws, as most
543	543	513recently amended by section 54 of Chapter 260 of the Acts of 2020, is hereby further amended
544	544	514by striking subsection (c) and inserting in place thereof the following:
545	545	515 (c) Coverage for telehealth services may include utilization review; provided, however,
546	546	516that any utilization review shall be made in the same manner as if the service was delivered in
547	547	517person. An organization shall not impose any prior authorization requirements to obtain
548	548	518medically necessary health services via telehealth that would not apply to the receipt of those
549	549	519same services on an in-person basis. An organization shall not be required to reimburse a health
550	550	520care provider for a health care service that is not a covered benefit under the plan or reimburse a
551	551	521health care provider not contracted under the plan except as provided for under subclause (i) of
552	552	522clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
553	553	523 SECTION 29. Section 13 of Chapter 176I of the General Laws, as most recently inserted
554	554	524by Section 54 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end
555	555	525thereof the following subsection:
556	556	526 (i) A preferred provider contract that provides coverage for telehealth services shall
557	557	527include reimbursement for interpreter services for patients with limited English proficiency or
558	558	528those who are deaf or hard of hearing. 26 of 35
559	559	529 (j) Organizations shall develop and maintain procedures to identify and offer digital
560	560	530health education to covered persons with low digital health literacy to assist them with accessing
561	561	531any medical necessary covered telehealth benefits. These procedures shall include a digital
562	562	532health literacy screening program or other similar procedure to identify new and current covered
563	563	533persons with low digital health literacy and a digital health education program to educate covered
564	564	534persons regarding the effective use of telehealth technology including but not limited to
565	565	535distributing educational materials about how to access certain telehealth technologies in multiple
566	566	536languages, including sign language, and in alternative formats; holding digital health literacy
567	567	537workshops; integrating digital health coaching; offering covered persons in-person digital health
568	568	538navigators; and partnering with local libraries and/or community centers that offer digital health
569	569	539education services and supports.
570	570	540 (k) Organizations shall publish information annually regarding the procedures that they
571	571	541have implemented under subsection (j) including but not limited to statistics on the number of
572	572	542covered persons identified with low digital health literacy and receiving digital health education,
573	573	543manner(s) or method of digital health literacy screening and digital health education, financial
574	574	544impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
575	575	545 (l) Organizations providing coverage under this section shall not prohibit a physician
576	576	546licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is
577	577	547providing healthcare services to a patient who is physically located in Massachusetts at the time
578	578	548the healthcare services are provided via telehealth from providing such services from any
579	579	549location within Massachusetts or outside Massachusetts; provided, that the location from which
580	580	550the physician provides services does not compromise patient confidentiality and privacy and the
581	581	551location from which the physician provides the services does not exceed restrictions placed on 27 of 35
582	582	552the physician’s specific license, including but not limited to, restrictions set by the hospital,
583	583	553institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112
584	584	554of the General Laws has been appointed.
585	585	555 SECTION 30. Section 26 of Chapter 176O of the General Laws is hereby amended by
586	586	556striking the current section and inserting in place thereof the following:
587	587	557 Section 26. The commissioner shall establish standardized processes and procedures
588	588	558applicable to all health care providers and payers for the determination of a patient's health
589	589	559benefit plan eligibility at or prior to the time of service, including telehealth services. As part of
590	590	560such processes and procedures, the commissioner shall (i) require payers to implement
591	591	561automated approval systems such as decision support software in place of telephone approvals
592	592	562for specific types of services specified by the commissioner and (ii) require establishment of an
593	593	563electronic data exchange to allow providers to determine eligibility at or prior to the point of care
594	594	564and determine the insured’s cost share for a proposed telehealth service, including any
595	595	565copayment, deductible, coinsurance or other out of pocket amount for any covered telehealth
596	596	566services.
597	597	567 SECTION 31. Notwithstanding any general or special law to the contrary, the health
598	598	568policy commission, in consultation with the center for health information and analysis, the
599	599	569executive office of health and human services and the division of insurance shall issue a report
600	600	570on the use of telehealth services in the commonwealth and the effect of telehealth on health care
601	601	571access and system cost. The report, along with a suggested plan to implement its
602	602	572recommendations in order to maximize access, quality of care and cost savings, shall be
603	603	573submitted to the joint committee on health care financing and the house and senate committees 28 of 35
604	604	574on ways and means not later than 2 years from the effective date of this act; provided, however,
605	605	575that not later than 1 year from the effective date of this act, the commission shall present a report
606	606	576on: i) the estimated impacts on costs and time spent by patients accessing healthcare services due
607	607	577to the use of telehealth; ii) the estimated impacts to access to healthcare services due to the use of
608	608	578telehealth including employment productivity, transportation costs and school attendance; iii) the
609	609	579estimated impacts on healthcare costs due to the impacts of telehealth on COVID-19
610	610	580transmission and treatment; iv) the estimated impact on the costs of personal protective
611	611	581equipment for providers and healthcare facilities due to the use of telehealth; v) an estimate of
612	612	582the impact of health outcomes to those communities that have not been able to access telehealth
613	613	583services due to language or accessibility issues; and vi) an interim estimate of the fiscal impact of
614	614	584telehealth use in the commonwealth that shall include public health outcomes, increased access
615	615	585to services, reduction in transportation services and vehicle miles traveled, and reduction in
616	616	586hospitalizations. The report shall additionally include data regarding the number of telehealth
617	617	587visits utilizing an interpreter for those who are deaf and hard of hearing and for languages other
618	618	588than English and shall quantify the number of telehealth visits in each language.
619	619	589 SECTION 32. Notwithstanding any general or special law to the contrary, the health
620	620	590policy commission shall establish a Digital Bridge Pilot Program to support telehealth services
621	621	591and devices and to provide funding for healthcare and human service providers and their patients
622	622	592and clients to support the purchase of telecommunications, information services and connected
623	623	593devices necessary to provide telehealth services to patients and clients. Communities that have
624	624	594had the highest prevalence of and been disproportionately affected by COVID-19 shall be
625	625	595prioritized for funding under this program in addition to communities that experience barriers in
626	626	596accessing telehealth services due to language constraints, socioeconomic constraints or other 29 of 35
627	627	597accessibility issues. Eligible programs may include but not be limited to public private
628	628	598partnerships with telecommunication providers, municipalities, healthcare providers and other
629	629	599organizations.
630	630	600 Eligible services may include, but not be limited to: telecommunications services;
631	631	601broadband and internet connectivity services including the purchase of broadband subscriptions
632	632	602and the establishment of wireless hotspots, so-called; voice services; remote patient monitoring
633	633	603platforms and services; patient reported outcome platforms; store and forward services, including
634	634	604the asynchronous transfer of patient images and data for interpretation by a physician; platforms
635	635	605and services to provide synchronous video consultation; tablets, smartphones, or connected
636	636	606devices to receive connected care services at home for patient or provider use; and telemedicine
637	637	607kiosks / carts for provider sites. Funding shall not be used for unconnected devices that patients
638	638	608utilize in the home and then manually report their results to providers.
639	639	609 SECTION 33. (a) Notwithstanding any general or special law to the contrary, the health
640	640	610policy commission shall establish a Digital Health Navigator Tech Literacy Pilot Program,
641	641	611herein referred to as the program, to complement and work in conjunction with the Digital
642	642	612Bridge Pilot Program. The program shall establish telehealth digital health navigators including
643	643	613community health workers, medical assistants, and other healthcare professionals to assist
644	644	614patients with accessing telehealth services. The program and its funding shall prioritize
645	645	615populations who experience increased barriers in accessing healthcare and telehealth services,
646	646	616including those disproportionately affected by COVID-19, the elderly and those who may need
647	647	617assistance with telehealth services due to limited English proficiency or limited literacy with
648	648	618digital health tools. Entities receiving funding through this program will provide culturally and
649	649	619linguistically competent hands-on support to educate patients on how to access broadband and 30 of 35
650	650	620wireless services and subsequently utilize devices and online platforms to access telehealth
651	651	621services.
652	652	622 (b) The health policy commission shall publish a report, one year following the
653	653	623implementation of said Digital Bridge Health Navigator Tech Literacy Pilot Program, which
654	654	624shall include but not be limited to the following: (i) an identification of the program’s telehealth
655	655	625navigators disaggregated by healthcare profession; (ii) the resources required to provide literacy
656	656	626with digital health tools, including, but not limited to, the cost of operating said pilot program
657	657	627and additional workforce training for the program’s telehealth navigators; (iii) an identification
658	658	628of the populations served by the program disaggregated by demographics including, but not
659	659	629limited to, race, ethnicity, age, gender identity and primary language spoken; (iv) an
660	660	630identification of the regions served by the program across the commonwealth; and (v) an
661	661	631evaluation of the efficacy of the program in increasing the utilization of telehealth services
662	662	632disaggregated by patient demographics and including, but not limited to, the rate of attendance at
663	663	633telehealth visits.
664	664	634 SECTION 34. a) Notwithstanding any general or special law to the contrary, the
665	665	635executive office of health and human services shall establish a task force to address barriers and
666	666	636impediments to the practice of telehealth across state lines. The task force shall consist of: the
667	667	637secretary of the executive office of health and human services or a designee who shall serve as
668	668	638chair; the commissioner of the department of public health or a designee; the commissioner of
669	669	639the department of mental health or a designee; the executive director of the board of registration
670	670	640in medicine or a designee; a representative of the bureau of health professions licensure at the
671	671	641department of public health; a representative from the health policy commission; a representative
672	672	642from the Massachusetts Medical Society; a representative from the Massachusetts Health and 31 of 35
673	673	643Hospital Association; and a representative from the Massachusetts League of Community Health
674	674	644Centers.
675	675	645 b) The task force shall conduct an analysis and issue a report evaluating the
676	676	646commonwealth’s options to facilitate appropriate interstate medical practice and the practice of
677	677	647telemedicine including consideration of the recommendations from the Federation of State
678	678	648Medical Boards Workgroup on telemedicine, the Telehealth Act developed by the Uniform Law
679	679	649Commission,  model legislation developed by the American Medical Association, the interstate
680	680	650medical licensure compact, and/or other licensure reciprocity agreements, including the medical
681	681	651licensure reciprocity agreement between the states of Maryland and Virginia and the District of
682	682	652Columbia. The analysis and report shall include but not be limited to: (i) an analysis of physician
683	683	653job vacancies in the commonwealth broken down by practice specialization and projected
684	684	654vacancies based on the demographics of the commonwealth’s physician workforce and medical
685	685	655school graduate retention rates; (ii) an analysis of other states’ entry into the interstate medical
686	686	656licensure compact and any impact on quality of care resulting from entry; (iii) an analysis of the
687	687	657ability of physicians to provide follow-up care across state lines, including via telehealth; (iv) an
688	688	658analysis of registration models for providers who may provide care for patients via telehealth
689	689	659with the provider located in one state and the patient located in another state, provided that said
690	690	660analysis would include delineation of provider responsibilities for registration and reporting to
691	691	661state professional licensure boards; (v) an analysis of impacts to health care quality, cost and
692	692	662access resulting from other states’ entry into a medical licensure compact, as well as anticipated
693	693	663impacts to health care quality, cost and access associated with entry into an interstate medical
694	694	664licensure compact; (vi) evaluations of barriers and solutions regarding prescribing across state
695	695	665lines; (vii) evaluations of the feasibility of a regional reciprocity agreement allowing 32 of 35
696	696	666telemedicine across state lines both for existing patient provider relationships and/or the
697	697	667establishment of new relationships; (viii) evaluations of the feasibility of the establishment of
698	698	668interstate proxy credentialing; (ix)  recommendations to support the continuity of care for
699	699	669patients utilizing telehealth across state lines including but not limited to recommendations to
700	700	670support the continuity of care for people aged 25 and under when providing telehealth across
701	701	671state lines; (x) consideration of the recommendations from the Federation of State Medical
702	702	672Boards Workgroup on telemedicine, the Telehealth Act developed by the Uniform Law
703	703	673Commission,  model legislation developed by the American Medical Association, the interstate
704	704	674medical licensure compact, and/or other reciprocity agreements including the medical licensure
705	705	675reciprocity agreement between the states of Maryland and Virginia and the District of Columbia.
706	706	676 (c) The task force shall submit its recommendations to the governor and the clerks of the
707	707	677house of representatives and the senate not later than October 1, 2025.
708	708	678 SECTION 35. (a) Notwithstanding any general or special law to the contrary, the
709	709	679executive office of health and human services shall establish a task force to address barriers and
710	710	680impediments to the practice of telehealth by health professionals across state lines including
711	711	681advanced practice registered nurses, physician assistants, behavioral and allied health
712	712	682professions, and other health professions licensed or certified by the Department of Public
713	713	683Health. The task force shall consist of: the secretary of the executive office of health and human
714	714	684services or a designee who shall serve as chair; the commissioner of the department of public
715	715	685health or a designee; the commissioner of the department of mental health or a designee; the
716	716	686executive director of the board of registration in nursing or a designee; a representative of the
717	717	687bureau of health professions licensure at the department of public health; and 12 persons to be
718	718	688appointed by the secretary of the executive office of health and human services representing 33 of 35
719	719	689organizations that represent advanced practice registered nurses, physician assistants, hospitals,
720	720	690patients, social workers, behavioral health professions, allied health professions, telehealth and
721	721	691other healthcare professionals licensed or certified by the Department of Public Health.
722	722	692 (b) The task force shall: i) investigate interstate license reciprocity models with other
723	723	693nearby states for advanced practice registered nurses, physician assistants, behavioral health,
724	724	694social workers, allied health and other health professionals licensed or certified by the
725	725	695Department of Public Health to ensure that there is sufficient access for professionals throughout
726	726	696the region and ensure that continuity of care for patients is achieved for patients that access
727	727	697services in state’s throughout the region; ii) consider recommendations to support the continuity
728	728	698of care for patients utilizing telehealth across state lines including but not limited to
729	729	699recommendations to support the continuity of care for children and adolescents when providing
730	730	700telehealth across state lines; and iii) examine registration models for providers who may provide
731	731	701care for patients via telehealth with the provider located in one state and the patient located in
732	732	702another state. Such examination would include delineation of provider responsibilities for
733	733	703registration and reporting to state professional licensure boards.
734	734	704 (c) The task force shall submit its recommendations to the governor and the clerks of the
735	735	705house of representatives and the senate not later than February 1, 2026.
736	736	706 SECTION 36. There shall be a special commission to study and make recommendations
737	737	707on ways to address the inequity of health outcomes and digital access through the recruitment
738	738	708and implementation of digital health navigators.
739	739	709 The commission shall consist of: the chairs of the joint committee on economic
740	740	710development and emerging technologies and the joint committee on public health who shall 34 of 35
741	741	711serve as co-chairs; 1 member appointed by the speaker of the house of representatives; 1 member
742	742	712appointed by the minority leader of the house of representatives; 1 member appointed by the
743	743	713senate president; 1 member appointed by the minority leader of the senate; the secretary of
744	744	714technology services and security or a designee; the chief information technology accessibility
745	745	715officer or a designee; the executive director of Mass Digital or a designee; 1 member who shall
746	746	716be a representative of the interoperable communications bureau within the executive office of
747	747	717technology services and security; 1 member who shall be a representative of the Massachusetts
748	748	718Broadband Institute;1 member who shall be a representative of the Department of Public Health;
749	749	7191 member who shall be a representative of the Executive Office of Aging and Independence; 3
750	750	720members appointed by the governor who shall be digital health navigators from diverse
751	751	721geographic backgrounds in Massachusetts; and 9 additional representatives, including, but not
752	752	722limited to, representatives from organizations advocating for digital equity in the western region
753	753	723of the commonwealth, behavioral health organizations, human service providers, community
754	754	724health workers, municipalities, hospitals and health systems, physician practices, community
755	755	725health centers, workforce boards, and patients who have utilized digital health navigation
756	756	726services.
757	757	727 The commission shall consider:
758	758	728 (i) defining how statewide residents’ needs can be met by digital health navigation
759	759	729services within the broader goal of digital equity;
760	760	730 (ii) defining the scope, social determinants of health and quality of life outcomes, and
761	761	731methods for funding digital health navigators including private and public contracting and state
762	762	732grantmaking; 35 of 35
763	763	733 (iii) qualifications and standards of digital health navigator services, including a process
764	764	734for a statewide credentialing program for digital health navigators;
765	765	735 (iv) conduct data collection of current regional initiatives across the state to understand
766	766	736opportunities, implementation design, and statewide efficiencies;
767	767	737 (v) any other considerations determined to be relevant by the commission. The
768	768	738commission shall file a report and recommendations, including any legislation necessary to
769	769	739implement its recommendations, with the clerks of the house of representatives and the senate
770	770	740not later than June 30, 2026.
771	771	741 SECTION 37. Sections 77 and 79 of Chapter 260 of the Acts of 2020 are hereby
772	772	742repealed.