Bill S.990

SENATE DOCKET, NO. 374 FILED ON: 1/19/2011

SENATE . . . . . . . . . . . . . . No. 990

The Commonwealth of Massachusetts

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PRESENTED BY:

Steven A. Tolman

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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 relative to children's mental health clinicians..

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PETITION OF:

Name:	District/Address:
Steven A. Tolman
James B. Eldridge
Patricia D. Jehlen
Cory Atkins	14th Middlesex
Richard T. Moore
Mark C. Montigny
Susan C. Fargo
Jennifer L. Flanagan
Frederick E. Berry
Karen E. Spilka
Martha M. Walz	8th Suffolk

SENATE DOCKET, NO. 374 FILED ON: 1/19/2011

SENATE . . . . . . . . . . . . . . No. 990

By Mr. Tolman, petition (accompanied by bill, Senate, No. 990) of Steven A. Tolman, James B. Eldridge, Patricia S. Jehlen, Cory Atkins and other members of the General Court for legislation relative to children's mental health clinicians [Joint Committee on Mental Health and Substance Abuse].

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 757 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to children's mental health clinicians..

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. Section 22 of chapter 32A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “setting”, in line 85, the following words: - "and, for persons under the age of 19, shall include collateral services"

SECTION 2. Subsection (i) of said section 22 of said chapter 32A, as so appearing, is hereby amended by striking out the last paragraph.

SECTION 3. Said section 22 of said chapter 32A, as so appearing, is hereby amended by adding the following subsection:—

Under this section, the following words shall have the following meanings unless the context requires otherwise:-

“Collateral services”, face-to-face or telephonic consultation, of at least 15 minutes in duration, by a licensed mental health professional with parties determined by the licensed mental health professional to be necessary to make a diagnosis, and develop and implement a treatment plan.

“Licensed mental health professional”, a licensed physician who specializes in the practice of psychiatry, a licensed psychologist, a licensed independent clinical social worker, a licensed mental health counselor, a licensed nurse mental health clinical specialist or a licensed marriage and family therapist.

SECTION 4. Chapter 118E of the General Laws, as so appearing, is amended by inserting after section 10F the following section:—

Section 10G. (a) The division shall provide coverage for collateral services performed by a licensed mental health professional for persons under 19 years of age. Nothing contained in this section shall be construed to abrogate any obligation to provide coverage for mental health services pursuant to any law or regulation of the commonwealth or the United States or under the terms or provisions of any policy, contract, or certificate.

(b) Under this section, the following words shall have the following meanings unless the context requires otherwise:-

SECTION 5. Section 47B of chapter 175 of the General Laws, as so appearing , is hereby amended by inserting after the word “setting”, in lines 98 and 99, the following words:- "and, for persons under the age of 19, shall include collateral services."

SECTION 6. Subsection (i) of said chapter 47B of said chapter 175, as so appearing, is hereby amended by striking out the second and third paragraphs.

SECTION 7. Said section 47B of said chapter 175, as so appearing, is hereby further amended by adding the following 2 subsections:—

(j) Under this section, the following words shall have the following meanings unless the context requires otherwise:-

“Collateral services”, face-to-face or telephonic consultation, for at least 15 minutes of duration, by a licensed mental health professional with parties determined by the licensed mental health professional to be necessary to make a diagnosis, and develop and implement a treatment plan.

(k) For the purposes of this section, psychopharmacological services and neuropsychological assessment services shall be treated as a medical benefit and shall be covered in a manner identical to all other medical services.

SECTION 8. Section 8A of chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after the word “setting”, in lines 92 and 93, the following words: - "and, for persons under the age of 19, shall include collateral services."

SECTION 9. Subsection (i) of said section 8A of said chapter 176A, as so appearing, is hereby amended by striking out the second and third paragraphs.

SECTION 10. Said section 8A of said chapter 176A, as so appearing, is hereby further amended by adding the following 2 subsections:—

(j) Under this section, the following words shall have the following meaning unless the context requires otherwise:-

“Collateral services”, face-to-face or telephonic consultation, of at least 15 minutes of duration, by a licensed mental health professional with parties determined by the licensed mental health professional to be necessary to make a diagnosis, and develop and implement a treatment plan.

SECTION 11. Section 4A of chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after the word “setting”, in lines 95 and 96, the following words:- "and, for persons under the age of 19, shall include collateral services."

SECTION 12. Subsection (i) of said section 4A of said chapter 176B, as so appearing, is hereby amended by striking out the second and third paragraphs.

SECTION 13. Said section 4A of said chapter 176B, as so appearing, is hereby further amended by adding the following 2 subsections:—

(j) Under this section, the following words shall have the following meanings unless the context requires otherwise:-

SECTION 14. Section 4M of chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after the word “setting”, in lines 89 and 90, the following words:- "and, for persons under the age of 19, shall include collateral services."

SECTION 15. Subsection (i) of said section 4M of said chapter 176G, as so appearing, is hereby amended by striking out the second and third paragraphs.

SECTION 16. Said section 4M of said chapter 176G of the General Laws, as so appearing, is hereby further amended by adding the following 2 subsections:—

(j) Under this section, the following words shall have the following meanings unless the context requires otherwise:-