SENATE DOCKET, NO. 753        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1095

The Commonwealth of Massachusetts

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PRESENTED BY:

Jennifer L. Flanagan

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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 behavioral health telemedicine.

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PETITION OF:

SENATE DOCKET, NO. 753        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1095

The Commonwealth of Massachusetts

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

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An Act relative to behavioral health telemedicine.

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, as appearing the 2014 Official Edition, is hereby amended by inserting after section 27 the following new section: -

Section 28. (b) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for behavioral health services provided by telemedicine at a rate of reimbursement no less than the applicable coverage for behavioral health care services provided through in-person consultation or in-person delivery of services. For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 2. Chapter 118E of the General Laws, as so appearing, , is amended by inserting after section 10G the following new section: -

Section 10K. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for behavioral health services provided by telemedicine at a rate of reimbursement no less than the applicable coverage for behavioral health care services provided through in-person consultation or in-person delivery of services. For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 3. Chapter 175 of the General Laws, as so appearing, is amended by inserting after Section 47II, the following new section: -

Section 47JJ. A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall provide coverage for behavioral health services provided by telemedicine at a rate of reimbursement no less than the applicable coverage for behavioral health care services provided through in-person consultation or in-person delivery of services. For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 4. Chapter 176A of the General Laws, as so appearing, is amended by inserting after Section 8KK the following new section: -

Section 8LL. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for behavioral health services provided by telemedicine at a rate of reimbursement no less than the applicable coverage for behavioral health care services provided through in-person consultation or in-person delivery of services. For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 5. Chapter 176B of the General Laws, as so appearing, is amended by inserting after Section 4KK the following new section: -

Section 4LL. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for behavioral health services provided by telemedicine at a rate of reimbursement no less than the applicable coverage for behavioral health care services provided through in-person consultation or in-person delivery of services. For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 6. Chapter 176G of the General Laws, as so appearing, is amended by inserting after Section 4CC the following new section: -

Section 4DD. Any individual or group health maintenance contract shall provide coverage for behavioral health services provided by telemedicine at a rate of reimbursement no less than the applicable coverage for behavioral health care services provided through in-person consultation or in-person delivery of services. For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.