Bill S.618

SENATE DOCKET, NO. 440 FILED ON: 1/15/2023

SENATE . . . . . . . . . . . . . . No. 618

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 618) of Julian Cyr for legislation relative to telehealth parity for nutrition counseling. 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 telehealth parity for nutrition counseling.

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 30 of chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.

SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) The commission shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) The division shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) Insurance companies organized under this chapter shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) Hospital service corporations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) Medical service corporations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) Health maintenance organizations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-

SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) Organizations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.

Name:	District/Address:
Julian Cyr	Cape and Islands
Lydia Edwards	Third Suffolk	3/21/2023
Bruce E. Tarr	First Essex and Middlesex	7/20/2023