HOUSE DOCKET, NO. 1119        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 566

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Smitty Pignatelli

_________________

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 the practice of acupuncture.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Smitty Pignatelli

4th Berkshire

1/18/2017

Jennifer L. Flanagan

Worcester and Middlesex

2/3/2017

Elizabeth A. Malia

11th Suffolk

 

Josh S. Cutler

6th Plymouth

 

Thomas J. Calter

12th Plymouth

 

John W. Scibak

2nd Hampshire

 

Shawn Dooley

9th Norfolk

 

Marjorie C. Decker

25th Middlesex

2/2/2017

Angelo J. Puppolo, Jr.

12th Hampden

 

Michael J. Finn

6th Hampden

 

Kay Khan

11th Middlesex

 

Aaron Vega

5th Hampden

 

Jonathan Hecht

29th Middlesex

 

Denise Provost

27th Middlesex

 

Brian M. Ashe

2nd Hampden

 

Peter V. Kocot

1st Hampshire

 

Gailanne M. Cariddi

1st Berkshire

 

Solomon Goldstein-Rose

3rd Hampshire

 

Carolyn C. Dykema

8th Middlesex

 

Barbara A. L'Italien

Second Essex and Middlesex

 

Elizabeth A. Poirier

14th Bristol

 

Paul R. Heroux

2nd Bristol

 

Thomas M. Stanley

9th Middlesex

 

Tricia Farley-Bouvier

3rd Berkshire

 

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

 

David M. Rogers

24th Middlesex

 

Todd M. Smola

1st Hampden

 

Kenneth I. Gordon

21st Middlesex

 


HOUSE DOCKET, NO. 1119        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 566

By Mr. Pignatelli of Lenox, a petition (accompanied by bill, House, No. 566) of William Smitty Pignatelli and others relative to the practice of acupuncture and  providing for insurance benefits for certain acupuncture and oriental medicine treatment.  Financial Services.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to the practice of acupuncture.

 

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 111 of the General Laws is hereby amended by adding the following section:-

Section 233. There shall be a commission on acupuncture and wellness within the department. The commission shall consist of: the commissioner of public health or the commissioner’s designee, who shall chair the commission; the commissioner of insurance or the commissioner’s designee; the director of MassHealth or the director’s designee; the director of the board of registration in medicine or the director’s designee; the senate chair of the joint committee on public health; the house chair of the joint committee on public health; a member representing a statewide organization of licensed acupuncturists; a member representing a statewide organization of medical acupuncturists; a member representing the Massachusetts Public Health Association; and 5 members to be selected by the Governor including: no fewer than 2 acupuncturists, licensed and practicing in the state of Massachusetts; a member representing one of the top five health insurance companies in Massachusetts according to market share, a member representing a health care consumer organization, and a member currently practicing as a licensed physician in Massachusetts.             

The commission acupuncture and wellness shall make an investigation and comprehensive study of the potential for better integrated use of acupuncture services to expand access, reduce health care costs, and provide improved quality of care to Massachusetts residents.   The commission shall:

(1)Consider strategies to evaluate and implement effective integration of acupuncture services in health care delivery in Massachusetts with specific focus on interventions in pain management, substance abuse treatment, and wellness promotion.

(2)Consider strategies to effectively integrate acupuncture treatment modalities into alternative payment models, including, but not limited to, accountable care organizations, workplace wellness programs and provider organizations established under chapter 224 of the acts of 2012.

(3)Consider strategies regarding reimbursement of licensed acupuncturists via third party payors or otherwise to facilitate a stable and sustainable integration of acupuncture services into the broader system of health care delivery.

The commission on acupuncture and wellness shall submit to the secretary of health and human services and the joint committee public health, six months after the effective date of this act and annually thereafter, a report that includes findings from the commission’s review along with recommendations and any suggested legislation to implement those recommendations.  

SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after section 47JJ, the following section:-

Section 47II. (a) All individual or group accident and health insurance policies and health service contracts delivered, issued or renewed by an insurer or nonprofit health service corporation which provide benefits to individual subscribers and members within the commonwealth or to all group members having a principal place of employment within the commonwealth shall provide benefits for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea. 

SECTION 3. Said chapter 175 is hereby further amended by inserting after section 205, as appearing in the 2012 Official Edition, the following section:-

Section 205A. (a) The commissioner shall not approve a policy under section 205 that does not provide benefits for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea.    

SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK, the following section:-

Section 8LL. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered, issued or renewed in the commonwealth shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea.   

SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK, the following section:-

Section 4LL. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed in the commonwealth shall provide benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea.   

SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC, the following section:-

Section 4DD. (a) Any group health maintenance contract shall provide coverage for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea.  

SECTION 7. Chapter 32A of the General Laws is hereby amended by inserting after Section 17O, the following section:

Section 17P.  The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for acupuncture and oriental medicine based diagnosis and treatment in the areas of pain management, post-traumatic stress disorder, substance abuse treatment, and nausea.

SECTION 8. Notwithstanding any general or special law to the contrary, no third party payer of health care services shall differentiate reimbursement rates for acupuncture services by provider type.  Only licensed acupuncturists or medical doctors shall be reimbursed for acupuncture services.