HOUSE DOCKET, NO. 502        FILED ON: 1/13/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1977

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Marjorie C. Decker

_________________

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 identify and eliminate racial and sexual orientation and gender identity disparities in mental health.

_______________

PETITION OF:

HOUSE DOCKET, NO. 502        FILED ON: 1/13/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1977

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2082 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

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

_______________

An Act to identify and eliminate racial and sexual orientation and gender identity disparities in mental health.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 6D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:—

Section 20. (a) The commission shall issue an annual report that shall include data designed to assist in identifying and eliminating disparities in behavioral health treatment. The report shall examine the prevalence of behavioral health and substance use disorders and suicide among different populations of individuals in the commonwealth, such populations’ access to services and evidence-based treatments, the availability of information to various populations regarding access to treatment, the level of diversity in the behavioral health workforce, and payment systems or methodologies for behavioral health treatments. The report shall examine differences in the prevalence of mental illness, substance use disorders and suicide between various groups based on (i) race and ethnicity; (ii) sexual orientation and gender identity; (iii) income levels; (iv) age; (v) place of residence; (vi) homelessness; (vii) disability; (viii) primary language; and (ix) incarceration status. The commission shall investigate and study the accessibility of behavioral health and substance use disorder services in the commonwealth, including but not limited to: (i) the geographic distribution and availability to various populations described in this section of inpatient and outpatient, emergency, and hospital diversionary behavioral health and substance use disorder services; (ii) how such diversionary behavioral health and substance use disorder services are reimbursed; and (iii) the adequacy of the geographic distribution of such services to address the needs of the different populations described in this section. The report shall also address the use, availability and reimbursement of evidence-based practices among different communities and populations. Evidence-based practices shall include collaborative or integrated care, the program for assertive community treatment, early psychosis programs, comprehensive trauma services, medication-assisted treatment for addictions and dual recovery crisis intervention.

(b) The report shall include a review of the behavioral health and substance use disorder workforce in the commonwealth. The review shall address : (i) the demographic makeup of such workforce; (ii) existing workforce pipelines, incentives and training and the adequacy of such pipelines to support the development of a culturally diverse and competent workforce; (iii) workforce models to address social determinants of health including but not limited to the use of community health workers, recovery coaches, healthcare navigators, and care coordinators; (iv) methods of reimbursement that will support services and decrease workforce turnover; and (v) adequacy of health care insurance payments.

(c) The report shall examine: (i) the respective roles of the department of mental health and the department of public health in monitoring mental health disparities and providing for intervention; (ii) methods and funding mechanisms available to address primary, secondary, and tertiary prevention of mental health conditions; (iii) the role of the criminal justice system in diverting those with mental illness and substance use disorder from jails and prisons; (iv) the availability of jail diversion programs in different regions of commonwealth; (v) the adequacy of existing civil commitment and guardianship laws support mental health and addiction recovery in an equitable and trauma-informed manner; and (vi) and the demographic makeup of incarcerated individuals in the commonwealth.

(d) The commission shall issue and provide such report, on or before July 1 of each year, to the secretary of health and human services, the commissioner of public health, the commissioner of mental health, the commissioner of insurance, the attorney general, the senate president, the speaker of the house, the house and senate committees on ways and means, and the chairs of the joint committees on health care financing, public health, and mental health, substance use and recovery.