1 of 1 SENATE DOCKET, NO. 971 FILED ON: 1/15/2025 SENATE . . . . . . . . . . . . . . No. 772 The Commonwealth of Massachusetts _________________ PRESENTED BY: John F. Keenan _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act related to comprehensive clinical and extended support services. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and PlymouthJames B. EldridgeMiddlesex and Worcester2/7/2025James K. Hawkins2nd Bristol2/11/2025Michael J. BarrettThird Middlesex2/21/2025Michael O. MooreSecond Worcester3/6/2025 1 of 10 SENATE DOCKET, NO. 971 FILED ON: 1/15/2025 SENATE . . . . . . . . . . . . . . No. 772 By Mr. Keenan, a petition (accompanied by bill, Senate, No. 772) of John F. Keenan, James B. Eldridge, James K. Hawkins, Michael J. Barrett and others for legislation to increases mandatory coverage for addiction care recovery. Financial Services. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act related to comprehensive clinical and extended support services. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 17N of chapter 32A of the General Laws, as appearing in the 2022 2Official Edition, is hereby amended by inserting after the definition of “Clinical stabilization 3services” the following definition:- 4 “Transitional support services”, short-term, residential support services, as defined by the 5department of public health, usually following clinical stabilization services, which provide a 6safe and structured environment to support adults or adolescents through the addiction recovery 7process and the transition to outpatient or other step-down addiction recovery care. 8 SECTION 2. Section 17N of chapter 32A is further amended by striking out the fourth 9paragraph and inserting in place thereof the following paragraph:- 10 The commission shall provide for medically necessary acute treatment services, 11medically necessary clinical stabilization services and medically necessary transitional support 12services to an active or retired employee of the commonwealth who is insured under the group 2 of 10 13insurance commission coverage for up to 30 days and shall not require preauthorization prior to 14obtaining such acute treatment services, clinical stabilization services or transitional support 15services. The facility providing such services shall notify the carrier of admission and the initial 16treatment plan within 48 hours of admission, and within a reasonable time thereafter, shall 17provide the carrier with a projected discharge plan for the member. The carrier’s utilization 18review procedures may be initiated on day 14; provided, however, that a carrier shall not make 19any utilization review decisions that impose any restriction or deny any future medically 20necessary acute treatment, clinical stabilization or transitional support services unless a patient 21has received at least 30 consecutive days of said services; and, provided further, that the 22commission shall provide, without preauthorization, to any active or retired employee of the 23commonwealth who is insured under the group insurance commission coverage for substance use 24disorder evaluations ordered pursuant to section 51½ of chapter 111. Upon receipt of notification 25by the admitting facility and receipt of the discharge plan, the carrier may provide outreach to the 26treating clinician and member to offer care management and support services. 27 Medical necessity shall be determined by the treating clinician in consultation with the 28patient and noted in the patient’s medical record. 29 SECTION 3. Section 10H of chapter 118E of the General Laws, inserted by section 19 of 30chapter 258 of the acts of 2014, is hereby repealed. 31 SECTION 4. Said chapter 118E is hereby further amended by inserting after section 10N 32the following section:- 33 Section 10O. For the purposes of this section, the following words shall have the 34following meanings unless the context clearly requires otherwise: 3 of 10 35 “Acute treatment services”, 24-hour medically supervised addiction treatment for adults 36or adolescents provided in a medically managed or medically monitored inpatient facility, as 37defined by the department of public health, which provides evaluation and withdrawal 38management and that may include biopsychosocial assessment, individual and group counseling, 39psychoeducational groups and discharge planning. 40 “Clinical stabilization services”, 24-hour clinically managed post detoxification treatment 41for adults or adolescents, as defined by the department of public health, usually following acute 42treatment services for substance abuse for individuals beginning to engage in recovery from 43addiction, which may include intensive education and counseling regarding the nature of 44addiction and its consequences, relapse prevention, outreach to families and significant others 45and aftercare planning, for individuals beginning to engage in recovery from addiction. 46 “Transitional support services”, short-term, residential support services, as defined by the 47department of public health, usually following clinical stabilization services, which provide a 48safe and structured environment to support adults or adolescents through the addiction recovery 49process and the transition to outpatient or other step-down addiction recovery care. 50 The division and its contracted health insurers, health plans, health maintenance 51organizations, behavioral health management firms and third-party administrators under contract 52to a Medicaid managed care organization or primary care clinician plan shall cover the cost of 53medically necessary acute treatment services and shall not require preauthorization prior to 54obtaining treatment. 55 The division and its contracted health insurers, health plans, health maintenance 56organizations, behavioral health management firms and third-party administrators under contract 4 of 10 57to a Medicaid managed care organization or primary care clinician plan shall cover the cost of 58medically necessary clinical stabilization services and medically necessary transitional support 59services for up to 30 days and shall not require preauthorization prior to obtaining clinical 60stabilization services or transitional support services. The facility providing such services shall 61notify the carrier of admission and the initial treatment plan within 48 hours of admission and 62within a reasonable time thereafter shall provide the carrier with a projected discharge plan for 63the member. The carrier’s utilization review procedures may be initiated on day 14; provided, 64however, that a carrier shall not make any utilization review decisions that impose any restriction 65or deny any future medically necessary acute treatment, clinical stabilization or transitional 66support services unless a patient has received at least 30 consecutive days of said services; and, 67provided further, that the division and its contracted health insurers, health plans, health 68maintenance organizations, behavioral health management firms and third party administrators 69under contract to a Medicaid managed care organization or primary care clinician plan shall 70cover, without preauthorization, substance use disorder evaluations ordered pursuant to section 7151½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the 72discharge plan, the carrier may provide outreach to the treating clinician and member to offer 73care management and support services. 74 Medical necessity shall be determined by the treating clinician in consultation with the 75patient and noted in the patient’s medical record. 76 SECTION 5. Section 47GG of chapter 175 is hereby amended by inserting after the 77definition of “Clinical stabilization services” the following definition:- 5 of 10 78 “Transitional support services”, short-term, residential support services, as defined by the 79department of public health, usually following clinical stabilization services, which provide a 80safe and structured environment to support adults or adolescents through the addiction recovery 81process and the transition to outpatient or other step-down addiction recovery care. 82 SECTION 6. Section 47GG of said chapter 175 is hereby further amended by striking out 83the fourth paragraph and inserting in place thereof the following paragraph:- 84 Any policy, contract, agreement, plan or certificate of insurance issued, delivered or 85renewed within the commonwealth, which is considered creditable coverage under section 1 of 86chapter 111M, shall provide coverage for medically necessary acute treatment services, 87medically necessary clinical stabilization services and medically necessary transitional support 88services for up to 30 days and shall not require preauthorization prior to obtaining acute 89treatment services, clinical stabilization services or transitional support services. The facility 90providing such services shall provide the carrier notification of admission and the initial 91treatment plan within 48 hours of admission and within a reasonable time thereafter shall provide 92the carrier with a projected discharge plan for the member. The carrier’s utilization review 93procedures may be initiated on day 14; provided, however, that a carrier shall not make any 94utilization review decisions that impose any restriction or deny any future medically necessary 95acute treatment, clinical stabilization or transitional support services unless a patient has received 96at least 30 consecutive days of said services; provided further, any policy, contract, agreement, 97plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is 98considered creditable coverage pursuant to section 1 of chapter 111M, shall cover, without 99preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of chapter 100111. Upon receipt of notification by the admitting facility and receipt of the discharge plan, the 6 of 10 101carrier may provide outreach to the treating clinician and member to offer care management and 102support services. 103 Medical necessity shall be determined by the treating clinician in consultation with the 104patient and noted in the patient’s medical record. 105 SECTION 7. Section 8II of chapter 176A is hereby amended by inserting after the 106definition of “Clinical stabilization services” the following definition:- 107 “Transitional support services”, short-term, residential support services, as defined by the 108department of public health, usually following clinical stabilization services, which provide a 109safe and structured environment to support adults or adolescents through the addiction recovery 110process and the transition to outpatient or other step-down addiction recovery care. 111 SECTION 8. Section 8II of said chapter 176A is hereby further amended by striking out 112the fourth paragraph and inserting in place thereof the following paragraph:- 113 Any contract between a subscriber and the corporation under an individual or group 114hospital service plan that is delivered, issued or renewed within the commonwealth shall provide 115coverage for medically necessary acute treatment services, medically necessary clinical 116stabilization services and medically necessary transitional support services for up to 30 days and 117shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization 118services or transitional support services. The facility providing such services shall provide the 119carrier notification of admission and the initial treatment plan within 48 hours of admission and 120within a reasonable time thereafter shall provide the carrier with a projected discharge plan for 121the member. The carrier’s utilization review procedures may be initiated on day 14; provided, 122however, that a carrier shall not make any utilization review decisions that impose any restriction 7 of 10 123or deny any future medically necessary acute treatment, clinical stabilization or transitional 124support services unless a patient has received at least 30 consecutive days of said services; 125provided further, any contract between a subscriber and the corporation under an individual or 126group hospital service plan that is delivered, issued or renewed within the commonwealth, shall 127cover, without preauthorization, a substance use disorder evaluation ordered pursuant to section 12851½ of chapter 111. Upon receipt of notification by the admitting facility and receipt of the 129discharge plan, the carrier may provide outreach to the treating clinician and member to offer 130care management and support services. 131 Medical necessity shall be determined by the treating clinician in consultation with the 132patient and noted in the patient’s medical record. 133 SECTION 9. Section 4II of chapter 176B is hereby amended by inserting after the 134definition of “Clinical stabilization services” the following definition:- 135 “Transitional support services”, short-term, residential support services, as defined by the 136department of public health, usually following clinical stabilization services, which provide a 137safe and structured environment to support adults or adolescents through the addiction recovery 138process and the transition to outpatient or other step-down addiction recovery care. 139 SECTION 10. Section 4II of said chapter 176B is hereby further amended by striking out 140the fourth paragraph and inserting in place thereof the following paragraph:- 141 Any subscription certificate under an individual or group medical service agreement 142delivered, issued or renewed within the commonwealth shall provide coverage for medically 143necessary acute treatment services, medically necessary clinical stabilization services and 144medically necessary transitional support services for up to 30 days and shall not require 8 of 10 145preauthorization prior to obtaining acute treatment services, clinical stabilization services or 146transitional support services. The facility providing such services shall provide the carrier 147notification of admission and the initial treatment plan within 48 hours of admission and within a 148reasonable time thereafter shall provide the carrier with a projected discharge plan for the 149member. The carrier’s utilization review procedures may be initiated on day 14; provided, 150however, that a carrier shall not make any utilization review decisions that impose any restriction 151or deny any future medically necessary acute treatment, clinical stabilization or transitional 152support services unless a patient has received at least 30 consecutive days of said services; 153provided further, any subscription certificate under an individual or group medical service 154agreement delivered, issued or renewed within the commonwealth shall provide coverage for, 155without preauthorization, a substance use disorder evaluation ordered pursuant to section 51½ of 156chapter 111. Upon receipt of notification by the admitting facility and receipt of the discharge 157plan, the carrier may provide outreach to the treating clinician and member to offer care 158management and support services. 159 Medical necessity shall be determined by the treating clinician in consultation with the 160patient and noted in the patient’s medical record. 161 SECTION 11. Section 4AA of chapter 176G is hereby amended by inserting after the 162definition of “Clinical stabilization services” the following definition:- 163 “Transitional support services”, short-term, residential support services, as defined by the 164department of public health, usually following clinical stabilization services, which provide a 165safe and structured environment to support adults or adolescents through the addiction recovery 166process and the transition to outpatient or other step-down addiction recovery care. 9 of 10 167 SECTION 12. Said section 4AA is hereby further amended by striking out the fourth 168paragraph and inserting in place thereof the following paragraph:- 169 An individual or group health maintenance contract that is issued or renewed shall 170provide coverage for medically necessary acute treatment services, medically necessary clinical 171stabilization services and medically necessary transitional support services for up to 30 days and 172shall not require preauthorization prior to obtaining acute treatment services, clinical stabilization 173services or transitional support services. The facility providing such services shall provide the 174carrier notification of admission and the initial treatment plan within 48 hours of admission and 175within a reasonable time thereafter shall provide the carrier with a projected discharge plan for 176the member. The carrier’s utilization review procedures may be initiated on day 14; provided, 177however, that a carrier shall not make any utilization review decisions that impose any restriction 178or deny any future medically necessary acute treatment, clinical stabilization or transitional 179support services unless a patient has received at least 30 consecutive days of said services; 180provided further, an individual or group health maintenance contract that is issued or renewed 181shall provide coverage for, without preauthorization, a substance abuse evaluation ordered 182pursuant to section 51½ of chapter 111. Upon receipt of notification by the admitting facility and 183receipt of the discharge plan, the carrier may provide outreach to the treating clinician and 184member to offer care management and support services. 185 Medical necessity shall be determined by the treating clinician in consultation with the 186patient and noted in the patient’s medical record. 187 SECTION 13. The center for health information and analysis, in consultation with the 188division of insurance, the department of public health, the office of Medicaid and the health 10 of 10 189policy commission, shall conduct reviews on the 14 day mandated coverage of acute treatment 190services, clinical stabilization services and the long-term effects of the increase in covered days 191from 14 days to 30 days related to the mandated benefits for acute treatment services, clinical 192stabilization services and transitional support services on the following areas: (i) the continuum 193of care for substance use disorder treatment; (ii) access to the continuum of care for patients 194eligible for MassHealth and department of public health programs; (iii) access to the continuum 195of care for commercially insured patients; and (iv) any changes in costs to MassHealth, the 196department of public health and health insurance carriers. The center shall provide an initial 197report not later than October 1, 2026 on the effects of the 14 day mandated coverage of acute 198treatment services and clinical stabilization services to the areas listed above and a final report 199not later than October 1, 2026 on the effects of the 30 day mandated coverage of acute treatment 200services, clinical stabilization services and transitional support services to the areas listed above. 201 The initial report and final report shall be posted on the center’s website and shall be filed 202with the clerks of the house of representatives and senate, the house and senate chairs of the 203committee on financial services, the house and senate chairs of the committee on health care 204financing, the house and senate chairs of the committee on public health and the house and 205senate committees on ways and means not later than October 1, 2026 and October 1, 2028, 206respectively. 207 SECTION 14. Sections 1 through 12, inclusive, shall take effect October 1, 2026.