Amendment ID: S2519-8

Amendment 8

Consistent definition of parity across state government

Ms. DiZoglio, Ms. Gobi and Mr. O'Connor move that the proposed new draft be amended by inserting the following new section:

Section XX. No later than 180 days following the effective date of this act, the division of insurance, in conjunction with the executive office of health and human services, the office of Medicaid, and the office of the attorney general, shall develop and issue guidance to assist in the clear and consistent interpretation and enforcement of the applicable provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, referred to in this section as the MHPAEA, and any amendments to, and any federal guidance or regulations relevant to, that act, including 45 CFR Part 146.136, 45 CFR Part 147.136, 45 CFR Part 147.160, and 45 CFR Part 156.115(a)(3), and applicable state mental health parity laws, including but not limited to section 22 of chapter 32A, section 47B of chapter 175, section 8A of chapter 176A, section 4A of chapter 176B and sections 4, 4B and 4M of chapter 176G across the commonwealth. Such guidance shall include clarifying information and illustrative examples of methods, processes, strategies, evidentiary standards, and other factors that carriers may use regarding the development and application of nonquantitative treatment limitations to ensure compliance with the law. In developing the guidance, the division may consult with and solicit feedback from relevant stakeholders and experts on the federal laws and regulations. The division shall publish the guidance on the division’s website and provide a copy to the clerks of the house and senate, and the house and senate chairs of the joint committee on mental health, substance use and recovery. Nothing in this section shall prevent implementation of this act.