Bill H.1042

HOUSE DOCKET, NO. 2160 FILED ON: 1/19/2023

HOUSE . . . . . . . . . . . . . . . No. 1042

By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 1042) of Vanna Howard relative to substance abuse healthcare coverage. Financial Services.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to parity of treatment with substance abuse.

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 after section 17S the following section:-

Section 17T. The commission shall provide, to an active or retired employee of the commonwealth who is insured under the group insurance commission, coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions.

The coverage shall not be subject to treatment limitations, limits on total payments for treatment, limits on duration of treatment or financial requirements unless similar limitations or requirements are imposed on coverage of other medical conditions. The coverage of eligible expenses may be limited to treatment that is medically necessary as determined under the policy for other medical conditions.

Nothing in this section shall require coverage for:

(i) educational or correctional services or sheltered living provided by a school or halfway house;

(ii) a long-term residential mental health program that lasts longer than 45 days;

(iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present;

(iv) a court-ordered sex offender treatment program.

SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10Q the following section:-

Section 10R. 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 expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions.

Nothing in this section shall require coverage for:

(i) educational or correctional services or sheltered living provided by a school or halfway house;

(ii) a long-term residential mental health program that lasts longer than 45 days;

(iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present;

(iv) a court-ordered sex offender treatment program.

SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:-

Section 47UU. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions.

Nothing in this section shall require coverage for:

(i) educational or correctional services or sheltered living provided by a school or halfway house;

(ii) a long-term residential mental health program that lasts longer than 45 days;

(iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present;

(iv) a court-ordered sex offender treatment program.

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

Section 8VV. A contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions.

Nothing in this section shall require coverage for:

(i) educational or correctional services or sheltered living provided by a school or halfway house;

(ii) a long-term residential mental health program that lasts longer than 45 days;

(iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present;

(iv) a court-ordered sex offender treatment program.

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

Section 4VV. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions.

Nothing in this section shall require coverage for:

(i) educational or correctional services or sheltered living provided by a school or halfway house;

(ii) a long-term residential mental health program that lasts longer than 45 days;

(iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present;

(iv) a court-ordered sex offender treatment program.

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

Section 4NN. Any individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for expenses arising from treatment for chemical dependency, including alcoholism, and for mental or nervous conditions at the same level as, and subject to limitations no more restrictive than, those imposed on coverage or reimbursement of expenses arising from treatment for other medical conditions.

Nothing in this section shall require coverage for:

(i) educational or correctional services or sheltered living provided by a school or halfway house;

(ii) a long-term residential mental health program that lasts longer than 45 days;

(iii) psychoanalysis or psychotherapy received as part of an educational or training program, regardless of diagnosis or symptoms that may be present;

(iv) a court-ordered sex offender treatment program.

Name:	District/Address:	Date Added:
Vanna Howard	17th Middlesex	1/10/2023
Samantha Montaño	15th Suffolk	3/30/2023