SENATE DOCKET, NO. 1004 FILED ON: 1/16/2019
SENATE . . . . . . . . . . . . . . No. 1153
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The Commonwealth of Massachusetts
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PRESENTED BY:
John F. Keenan
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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 remove administrative barriers to behavioral health services.
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PETITION OF:
Name: | District/Address: |
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John F. Keenan | Norfolk and Plymouth |
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Dean A. Tran | Worcester and Middlesex | 1/30/2019 |
Anne M. Gobi | Worcester, Hampden, Hampshire and Middlesex | 1/31/2019 |
Jonathan D. Zlotnik | 2nd Worcester | 1/31/2019 |
Susannah M. Whipps | 2nd Franklin | 1/31/2019 |
Elizabeth A. Malia | 11th Suffolk | 1/31/2019 |
Cindy F. Friedman | Fourth Middlesex | 2/1/2019 |
Jason M. Lewis | Fifth Middlesex | 2/7/2019 |
SENATE DOCKET, NO. 1004 FILED ON: 1/16/2019
SENATE . . . . . . . . . . . . . . No. 1153
By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1153) of John F. Keenan, Dean A. Tran, Anne M. Gobi, Jonathan D. Zlotnik and other members of the General Court for legislation to remove administrative barriers to behavioral health services. Mental Health, Substance Use and Recovery. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act to remove administrative barriers to behavioral health services.
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 19 of Chapter 118E, as appearing in the 2016 Official Edition, is hereby amended by adding after the first paragraph, the following new paragraph:-
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 not require preauthorization or prior authorization before obtaining medically necessary mental health services within an inpatient psychiatric facility licensed by the Department of Mental Health; provided that the facility shall provide the division or its contractors notification of admission within 48 hours of admission; provided further, that utilization review procedures may be initiated after 48 hours of admission; and provided further, that Emergency Service Program teams, so-called, as contracted through MassHealth to conduct behavioral health screenings, shall not be considered a preauthorization or prior authorization requirement pursuant to any admission under this section. Medical necessity shall be determined by the treating healthcare provider and noted in the member’s medical record.