HOUSE DOCKET, NO. 2011        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 488

The Commonwealth of Massachusetts

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PRESENTED BY:

Ruth B. Balser

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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 to increase access to children’s mental health services in the community.

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PETITION OF:

HOUSE DOCKET, NO. 2011        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 488

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 789 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to increase access to children’s mental health services in the community.

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 32A of the General Laws is hereby amended by inserting the following section:-

Section 22A. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for community- and home-based services for children under the age of 21 diagnosed with a serious emotional disturbance. Such services shall be comparable in scope to the array of services developed in response to the Court’s judgment  and remediation plan in the Rosie D. matter.

SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting the following section:-

Section 47EE. (a) An individual policy of accident and sickness insurance issued pursuant to section 108, which provides hospital expense and surgical expense insurance, and a group blanket or general policy of accident and sickness insurance issued pursuant to section 110, which provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide coverage for community- and home-based services for children under the age of 21 diagnosed with a serious emotional disturbance. Such services shall be comparable in scope to the array of services developed in response to the Court’s judgment and remediation plan in the Rosie D. matter.

(b) The coverage of community- and home-based services required under this section shall apply to small group health benefit plans subject to chapter 176J and nongroup health benefit plans subject to chapter 176M.

SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting the following section:-

Section 8GG.  A contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide to residents of the commonwealth and to all individual subscribers and members and group members having a principal place of employment in the commonwealth coverage for community- and home-based services for children under the age of 21 diagnosed with a serious emotional disturbance. Such services shall be comparable in scope to the array of services developed in response to the Court’s judgment and remediation plan in the Rosie D. matter. 

SECTION 5. Chapter 176B of the General Laws is hereby amended inserting by the following section:-

Section 4GG. A subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall to residents of the commonwealth and to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment in the commonwealth coverage for community- and home-based services for children under the age of 21 diagnosed with a serious emotional disturbance. Such services shall be comparable in scope to the array of services developed in response to the Court’s judgment and remediation plan in the Rosie D. matter.

SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting the following section:—

Section 4Y. A health maintenance contract issued or renewed within or without the commonwealth shall provide to residents of the commonwealth and to all members or enrollees having a principal place of employment in the commonwealth coverage for community- and home-based services for children under the age of 21 diagnosed with a serious emotional disturbance. Such services shall be comparable in scope to the array of services developed in response to the Court’s judgment and remediation plan in the Rosie D. matter.

SECTION 7. All policies, contracts and certificates of health insurance subject to section 22A of chapter 32A, section 47EE of chapter 175, section 8GG of chapter 176A, section 4GG of chapter 176B, or section 4Y of chapter 176G of the General Laws that are delivered, issued or renewed on or after July 1, 2016 shall conform with this act. Form filings implementing this act shall be subject to the approval of the commissioner of insurance.

SECTION 8. The commissioner of insurance shall promulgate regulations necessary to implement this chapter.

SECTION 9. This act shall take effect on July 1, 2016.