Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Paragraph (c) of section 47B of chapter 175 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following sentence:- No company shall require consent to the disclosure of information, other than patient name, diagnosis and date and type of service as a condition to receiving benefits mandated by this paragraph.

SECTION 2. Section 108 of said chapter 175, as so appearing, is hereby amended by adding the following subdivision:-

11. An insurer shall not refuse to contract with or compensate for covered services an otherwise eligible provider or nonparticipating provider solely because such provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the insurer's products as they relate to the needs of such provider's patients.

SECTION 3. Section 108E of said chapter 175, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

No company may, without the express and informed written consent of its insured or a covered family member of the insured acquired at the first notice of claim as defined in subdivision (G) of section one hundred and ten, disclose any information it may have acquired from or about any such insured or covered family member pertaining to the administration of benefits provided for expenses arising from the outpatient diagnosis or treatment or both of mental or nervous conditions; provided, however, that such informed consent shall include notification to the subscriber or covered family member of the right not to give such consent pursuant to clause (a); and, provided further, that:.

SECTION 4. Section 110 of said chapter 175, as so appearing, is hereby amended by adding the following subdivision:-

(M) An insurer authorized to issue or deliver within the commonwealth any general or blanket policy of insurance under the provisions of this section shall not refuse to contract with or compensate for covered services an otherwise eligible provider or nonparticipating provider solely because such provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the insurer's products as they relate to the needs of such provider's patients.

SECTION 5. Paragraph (c) of section 8A of chapter 176A of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- No nonprofit hospital service corporation shall require consent to the disclosure of information, other than the patient name, diagnosis and date and type of service as a condition to receiving benefits mandated by this paragraph. As used in this section, the word "diagnosis" shall mean a condition sufficient to meet diagnostic criteria specified within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

SECTION 6. Said chapter 176A is hereby further amended by inserting after section 8A the following section:-

Section 8A>. No nonprofit hospital service corporation shall acquire or disclose any communications by a subscriber to a psychotherapist arising out of the outpatient diagnosis or treatment of a mental or nervous condition without the express and informed written consent of the subscriber acquired at the first notice of claim as defined in subdivision (G) of section one hundred and ten of chapter one hundred and seventy-five; provided, however, that such informed consent shall include notification to the subscriber of the right not to give such consent pursuant to clause (a) of section one hundred and eight E of said chapter one hundred and seventy-five.

SECTION 7. Paragraph (c) of section 4A of chapter 176B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following two sentences:- No medical service corporation shall require consent to the disclosure of information other than the patient name, diagnosis and date and type of service as a condition to receiving benefits mandated by this paragraph. As used in this section, the term diagnosis shall mean a condition sufficient to meet diagnostic criteria specified within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

SECTION 8. Said chapter 176B is hereby further amended by inserting after section 4A> the following section:-

Section 4B. No medical service corporation shall acquire or disclose any communications by a subscriber to a psychotherapist arising out of the outpatient diagnosis or treatment of a mental or nervous condition without the express and informed written consent of the subscriber acquired at the first notice of claim as defined in subdivision (G) of section one hundred and ten of chapter one hundred and seventy-five; provided, however, that such informed consent shall include notification to the subscriber of the right not to give such consent pursuant to clause (a) of section one hundred and eight of said chapter one hundred and seventy-five.

SECTION 9. Section 7 of said chapter 176B, as appearing in the 1994 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- A medical service corporation shall not refuse to contract with or compensate for covered services an otherwise eligible provider solely because such provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the medical service corporation's products as they relate to the needs of such provider's patients.

SECTION 10. Section 4B of chapter 176G of the General Laws, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

No health maintenance organization shall acquire or disclose any communication by a member to a psychotherapist arising out of the outpatient diagnosis or treatment of a mental or nervous condition without the express and informed written consent of the member; provided, however, that:.

SECTION 11. Section 6 of said chapter 176G, as so appearing, is hereby amended by adding the following sentence:- A health maintenance organization shall not refuse to contract with or compensate for covered services an otherwise eligible provider solely because such provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the organization's products as they relate to the needs of such provider's patients.

SECTION 12. The first paragraph of section 2 of chapter 176I of the General Laws, as so appearing, is hereby amended by adding the following sentence:- An organization shall not refuse to contract with or compensate for covered services an otherwise eligible participating or nonparticipating provider solely because such provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the organization's products as they relate to the needs of such provider's patients.