Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S874 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 981 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 874
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John F. Keenan
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 strengthening mental health centers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and PlymouthJames B. EldridgeMiddlesex and Worcester2/9/2025James K. Hawkins2nd Bristol2/11/2025David Paul Linsky5th Middlesex2/20/2025Michael O. MooreSecond Worcester2/20/2025Manny Cruz7th Essex2/26/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025Dylan A. FernandesPlymouth and Barnstable3/10/2025 1 of 4
16	16	SENATE DOCKET, NO. 981 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 874
18	18	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 874) of John F. Keenan, James B.
19	19	Eldridge, James K. Hawkins, David Paul Linsky and other members of the General Court for
20	20	legislation to strengthen mental health centers. Health Care Financing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act strengthening mental health centers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 118E of the General Laws, as appearing in the 2022 official
30	30	2edition, is hereby amended by inserting after 13D½ the following section:-
31	31	3 Section 13D¾.
32	32	4 (a) For the purposes of this section, the following words shall have the following
33	33	5meanings:
34	34	6 “Behavioral health clinic”, a clinic licensed by the department of public health pursuant
35	35	7to section 3 and sections 51 through 56 of chapter 111 and regulated pursuant to 130 CMR
36	36	8429.000.
37	37	9 “Behavioral health services”, evaluation, diagnosis, treatment, care coordination,
38	38	10management or peer support of patients with mental health, developmental or substance use
39	39	11disorder. 2 of 4
40	40	12 “Independent practitioner”, an individual who is licensed by the board to practice
41	41	13independent clinical social work and who meets the qualifications set forth in section 131 of
42	42	14chapter 112 for an independent clinical social worker and is regulated pursuant to 130
43	43	15CMR462.000.
44	44	16 “Minimum payment rates”, rates of payment for services below which managed care
45	45	17entities may not enter into provider agreements.
46	46	18 (b) The division shall increase minimum payment rates for behavioral health services by
47	47	195% per procedure code for rates of payment effective as of January 1, 2027.
48	48	20 (c) Pursuant to sections 13C and 13D, and notwithstanding any general of special law to
49	49	21the contrary, the division shall ensure that each rate of payment or component payment in a
50	50	22bundled rate for behavioral health services delivered in behavioral health clinics are no less than
51	51	2320% above comparable behavioral health services delivered by independent practitioners.
52	52	24 (d) The division shall review behavioral health service rates biennially. This review shall
53	53	25include, but not be limited to, the following: (i) adoption of an inflationary adjustment factor no
54	54	26less than the total Medicare Economic Index percentage for the past two calendar years; (ii)
55	55	27where possible, comparison of the wage estimate for each classification of staff position to the
56	56	2875th percentile wage estate for that position as determined by the most current United States
57	57	29Bureau of Labor Statistics for the commonwealth; and (iii) consideration of the reasonable cost
58	58	30to providers of any existing or new governmental mandate that has been enacted, promulgated or
59	59	31imposed by any governmental unit or federal governmental authority.
60	60	32 SECTION 2. Said chapter 118E is hereby amended by inserting after section 13L the
61	61	33following new section:- 3 of 4
62	62	34 Section 13M.
63	63	35 (a) For the purposes of this section, the following words shall have the following
64	64	36meanings:
65	65	37 “Behavioral health clinic”, a clinic licensed by the department of public health pursuant
66	66	38to section 3 and sections 51 through 56 of chapter 111, and that is regulated pursuant to title 130
67	67	39CMR 429.000.
68	68	40 “Behavioral health services”, evaluation, diagnosis, treatment, care coordination,
69	69	41management or peer support of patients with mental health, developmental or substance use
70	70	42disorder.
71	71	43 “Independent practitioner”, an individual who is licensed by the board to practice
72	72	44independent clinical social work and who meets the qualifications set forth in section 131 of
73	73	45chapter 112 and who is regulated pursuant to 130 CMR462.000.
74	74	46 “Managed care entity”, all contracted health insurers, health plans, health maintenance
75	75	47organizations, behavioral health management firms and third-party administrators under contract
76	76	48to a Medicaid managed care organization or primary care clinician plan, and accountable care
77	77	49organizations.
78	78	50 “Minimum payment rates”, rates of payment for services below which managed care
79	79	51entities may not enter into provider agreements.
80	80	52 (b) Notwithstanding applicable state and federal laws, the division shall direct its
81	81	53managed care entities to increase minimum payment rates for behavioral health services by 5%
82	82	54per procedure code for rates of payment effective as of January 1, 2027. 4 of 4
83	83	55 (c) The division shall direct managed care entities to ensure that each rate of payment or
84	84	56component payment in a bundled rate for behavioral health services delivered in behavioral
85	85	57health clinics is no less than 20% above comparable behavioral health services delivered by
86	86	58independent practitioners.
87	87	59 (d) The division shall review rates of payment by managed care entities for behavioral
88	88	60health services biennially. This review shall include, but not be limited to, the following: (i)
89	89	61adoption of an inflationary adjustment factor no less than the total Medicare Economic Index
90	90	62percentage for the past two calendar years; (ii) where possible, comparison of the wage estimate
91	91	63for each classification of staff position to the 75th percentile wage estate for that position as
92	92	64determined by the most current United States Bureau of Labor Statistics for the commonwealth;
93	93	65and (iii) consideration of the reasonable cost to providers of any existing or new governmental
94	94	66mandate that has been enacted, promulgated or imposed by any governmental unit or federal
95	95	67governmental authority.