Amendment #6 to H4135

MassHealth Amendment

Mr. Cahill of Lynn moves to amend the bill by inserting after section 11 the following section:-

Section 11A. Chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2 sections:-

Section 83. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Community violence”, intentional acts of interpersonal violence committed in public areas by individuals who are not family members or intimate partners of the victim.

“Community violence prevention and intervention services”, evidence-based, trauma-informed, supportive and non-psychotherapeutic services provided by a certified violence prevention professional within or outside of a clinical setting, for the purpose of promoting improved health outcomes and positive behavioral change, preventing injury recidivism and reducing the likelihood that an individual who is a victim of community violence will commit or promote community violence. “Community violence prevention services”, shall include, but shall not be limited to, the provision of peer support and counseling, mentorship, conflict mediation, crisis intervention, targeted case management, referrals to a certified violence prevention professional, licensed health care professionals or social services providers, patient education or screening services to victims of community violence.

“Interpersonal violence”, the intentional use of physical force or power against other persons by an individual or small group of individuals.

“Prevention professional”, shall have the same meaning as described by the National Uniform Claim Committee , or its successor, pursuant to NUCC Code Number 405300000X.

“Certified violence prevention professional”, a prevention professional certified pursuant to subsections (c) and (d) of this section.

(b)(1) The secretary of health and human services shall amend the Medicaid state plan to make community violence prevention services available, subject to federal law and approval, to any Medicaid beneficiary who has: (A)(i) received medical treatment for an injury sustained as a result of an act of community violence; or (ii) been referred by local or state police as being at  risk for engagement in community violence or a victim of community violence; and (B) been referred by a certified or licensed health care provider or social services provider to receive community violence prevention services from a certified violence prevention professional, after such provider determines such beneficiary to be at an elevated risk of a violent injury or retaliation resulting from a subsequent act of community violence.

(2) The secretary of health and human services shall seek any federal approvals necessary to implement this section, including, but not limited to, state plan amendments or federal waivers by the federal Centers for Medicare and Medicaid Services. This subsection shall be implemented only to the extent that federal financial participation is available, and any necessary federal approvals have been obtained.

(3) The provisions of this subsection shall be implemented only to the extent permitted by federal law.

(c) Any prevention professional seeking certification as a certified violence prevention professional shall complete: (i) not less than 6 months of full-time equivalent experience in providing community violence prevention services, (ii) complete a training and certification program for certified violence prevention professionals, approved pursuant to subsection (d), maintain such certification and complete any other requirements as established by the executive office.

(d)(1) The executive office shall approve at least 1 training and certification program for certified violence prevention professionals. Such program shall include:

(i) not less than 35 hours of initial training, collectively addressing all of the following:

(A) The profound effects of trauma and violence and the basis of trauma-informed care;

(B) national best practices regarding community violence prevention and intervention strategies, including, but not limited to, methods to support long term behavioral change, conflict mediation, retaliation prevention related to community violence;

(C) case management and advocacy practices; and

(D) patient privacy and the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, (JIPAA).

(ii) not less than 6 hours of continuing education every 2 years.

(e) Any entity that employs or contracts with a certified violence prevention professional to provide community violence prevention services shall:

(i) maintain documentation that each certified violence prevention professional has met all of the conditions described in subsections (c) and (d); and

(ii) Ensure that each certified violence prevention professional is providing community violence prevention services in compliance with any applicable standards of care, rules, regulations and state and federal law.

(f) No person, unless certified as a violence prevention professional pursuant to this section, may use the title “certified violence prevention professional” or make use of any title, words, letters, abbreviations or insignia indicating or implying that they are a certified violence prevention professional.

(g) Nothing in this section shall alter the scope of practice for any health care professional.

Additional co-sponsor(s) added to Amendment #6 to H4135

MassHealth Amendment