SENATE DOCKET, NO. 15        FILED ON: 1/9/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1034

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Brian A. Joyce

_________________

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 ensuring parity for mental health and substance abuse treatment.

_______________

PETITION OF:

 

Name:

District/Address:

Brian A. Joyce

Norfolk, Bristol and Plymouth

Claire D. Cronin

11th Plymouth

John F. Keenan

Norfolk and Plymouth

Elizabeth A. Malia

11th Suffolk

Michael J. Barrett

Third Middlesex

Daniel A. Wolf

Cape and Islands


SENATE DOCKET, NO. 15        FILED ON: 1/9/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1034

By Mr. Joyce, a petition (accompanied by bill, Senate, No. 1034) of Brian A. Joyce, Claire D. Cronin, John F. Keenan, Elizabeth A. Malia and other members of the General Court for legislation to ensure parity for mental health and substance abuse treatment.  Mental Health and Substance Abuse.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1959 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act ensuring parity for mental health and substance abuse treatment.

 

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. Chapter 256 of the Acts of 2008 by is hereby amended by adding at the end thereof the following section:-

SECTION 18.   A person or entity may bring an action in Superior Court for a violation of this chapter G.L. c. 175, §47B; G.L. c. 176A, §8A; G.L. c. 176B, §4A; G.L. c. 176G, §4M.; G.L. c. 32A § 22; or applicable regulations including, but not limited to, 211 CMR 154.  If the court finds for the petitioner, the recovery for such actions shall include, but shall not be limited to, treble damages, court costs, and attorneys’ fees.  In addition, the court shall award such other equitable relief as it deems to be necessary and proper.

Any persons entitled to bring such action may, if the violation of parity has caused similar denial of care to numerous other persons similarly situated and if the court finds in a preliminary hearing that he adequately and fairly represents such other persons, bring the action on behalf of himself and such other similarly injured and situated persons; the court shall require that notice of such action be given to unnamed petitioners in the most effective, practicable manner. Such action shall not be dismissed, settled or compromised without the approval of the court, and notice of any proposed dismissal, settlement or compromise shall be given to all members of the class of petitioners in such a manner as the court directs.