Massachusetts Statutes

This law empowers the commissioner of insurance to enforce the MHPAEA by several means, including:

• Evaluating and resolving consumer complaints alleging an insurer’s noncompliance with state of federal parity laws;
• Performing market conduct examinations of each carrier once every four years, or more frequently if noncompliance is suspected; and
• Requiring that insurers comply with reporting requirements.

The commissioner shall also evaluate and resolve consumer complaints alleging an insurer’s noncompliance with federal or state parity law and shall publish an annual summary of reports submitted by insurers.

Requires the insurance commissioner to conduct market examinations every four years and improve its processes for submitting and investigating consumer complaints. (Signed by Governor 8/10/2022)

All insurers providing mental health or SUD benefits must submit an annual report containing descriptions of plan NQTLs, analysis supporting their compliance with the MHPAEA, the number of requests received for parity documents, and any other data or information the commissioner deems necessary to assess compliance.

This bill provides the state with better tools to implement and enforce parity laws by creating a clear structure for the Division of Insurance to receive and investigate parity complaints to ensure their timely Resolution.  (Signed by Governor 8/10/2022)

Requires payers to cover all such services delivered via telehealth that are also offered in-person, and to reimburse providers at the same rate. (Signed by Governor 1/1/2021)

• Cover substance use disorder evaluations without prior authorization
• Report:
  • Medical or surgical claims submitted to the carrier
  • Medical or surgical claims denied by the carrier
  • Mental health or substance use disorder claims submitted to the carrier
  • Mental health or substance use disorder claims denied by the carrier
  • Medical or surgical claims and mental health or substance use disorder claims denied by the carrier because:
    • The insured failed to obtain prior authorization or referral for services,
    • The service was not medically necessary
    • The service was experimental or investigational
    • The insured was not covered or eligible for benefits at the time services occurred
    • The carrier does not cover the service or the provider under the insured’s plan
    • Duplicate claims had been submitted
    • Incomplete claims had been submitted, coding errors had occurred
    • Any other specified reason
• Provide information on the patient’s right to appeal decisions to the office of patient protection

Additionally, the health policy commission must conduct a study on the availability of health care providers that serve patients with dual diagnoses of substance use disorder and mental illness, in inpatient and outpatient settings. The study must include:

• An inventory of health care providers with the capability of caring for patients with dual diagnoses, including the location and nature of services offered at each such provider
• An inventory of health care providers specializing in caring for child and adolescent patients with dual diagnoses, including the location and nature of services offered
• An assessment of the sufficiency of dual diagnosis resources considering multiple factors, including but not limited to population density, geographic barriers to access, insurance coverage and network design, incidence of mental illness and substance use disorders and the needs of individuals with dual diagnoses
• After consideration of barriers to access to comprehensive mental health and substance use disorder treatment for adults, seniors, children and adolescents, recommendations to reduce barriers to treatment for patients with dual diagnoses, including the appropriate supply and distribution of capable health care providers

The Division of Medical Assistance 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 cover the cost of medically necessary acute treatment services, provide up to 14 days of clinical stabilization services, and shall not require a preauthorization prior to obtaining treatment.

Enacted through S.2142 (188th Legislature)

The Division of Medical Assistance 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 cover the cost of FDA approved drugs for treatment of opioid and alcohol dependence.

Enacted through H. 3650 (189th Legislature)

The Division of Medical Assistance shall cover treatments for persons younger than 21 years old who are receiving medical coverage under this chapter and who are diagnosed with an autism spectrum disorder If federal funds are available, coverage shall include, but shall not be limited to, services for applied behavior analysis and dedicated and non-dedicated augmentative and alternative communication devices; provided, however, that the division shall also provide coverage for augmentative and alternative communication devices not eligible for federal funds if the total cost incurred by the division for a device that is not eligible for federal funds is not more than the commonwealth’s share of a comparable device that is eligible for federal funds.

Enacted through H.4047 (188th Legislature)

• It creates a commission tasked with developing a drug formulary for opiate drugs that are associated with abuse and misuse
• It defines substance use disorder treatment as early intervention services, outpatient care including medication-assisted treatment, intensive outpatient care and partial hospitalization services, residential treatment and inpatient treatment, stabilization services, acute treatment, and medically managed inpatient services. The bill eliminates prior authorization for any of these services under state employee plans, individual plans, and group health plans
• It requires the department of public health to publish regulations on coordinated care for individuals receiving substance use disorder treatment
• It requires state employee plans, individual health plans and group health plans certified in Massachusetts to provide access to all opioid deterrent drugs recommended by the drug formulary commission under the same terms and conditions as prescription drugs for physical health conditions
• It requires a commission to define voluntary standards for substance use disorder treatment providers. The commission is also tasked with creating a procedure for certifying a provider complies with the standards
• It mandates the chief medical examiner to file a report with the federal Food and Drug Administration’s MedWatch Program any time a cause of death was fully or partially related to a controlled substance
• It requires all corporate entities besides hospitals and clinics that treat more than 300 patients with opioid dependency treatment to be licensed by the department of public health
• It requires the department of public health to compile a list of safe locations to dispose of prescription drugs
• It requires the center for health information and analysis to conduct a review of the accessibility of substance use disorder treatment and adequacy of insurance coverage
• It creates a commission to examine “substance use disorder treatment programs in correctional facilities

• A process for private and public insurers to certify and outline compliance
• A requirement that insurers notify their enrollees of their rights, including the right to file a complaint or grievance
• Information on how the Department of Insurance and the Office of Medicaid will review consumer complaints and grievances for compliance

The commissioner of insurance may implement and enforce applicable provisions of the federal Mental Health Parity and Addiction Equity Act, section 511 of Public Law 110-343, and applicable state mental health parity laws in regard to any carrier licensed under chapters 175, 176A, 176B and 176G.

Enacted through S.2400 (187th Legislature)

Subsection (i) of Section 8A of chapter 176A added the definition of a licensed mental health professional. Additionally, a contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual subscribers and members and group members having a principal place of employment in the commonwealth for the diagnosis and treatment of the following biologically-based mental disorders, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, referred to in this section as the DSM: (1) schizophrenia; (2) schizoaffective disorder; (3) major depressive disorder; (4) bipolar disorder; (5) paranoia and other psychotic disorders; (6) obsessive-compulsive disorder; (7) panic disorder; (8) delirium and dementia; (9) affective disorders; (10) eating disorders; (11) post traumatic stress disorder; (12) substance abuse disorders; and (13) autism. A contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual subscribers and members and group members having a principal place of employment in the commonwealth for the diagnosis and medically necessary and active treatment of any mental disorder, as described in the most recent edition of the DSM, that is approved by the commissioner of mental health.

Amended by Mass. SB 72 and Mass. HB 4423.

The statute was amended to include the definition of licensed mental health professional and to include that a subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment in the commonwealth for the diagnosis and treatment of the following biologically-based mental disorders, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, referred to in this section as the DSM: (1) schizophrenia; (2) schizoaffective disorder; (3) major depressive disorder; (4) bipolar disorder; (5) paranoia and other psychotic disorders; (6) obsessive-compulsive disorder; (7) panic disorder; (8) delirium and dementia; (9) affective disorders; (10) eating disorders; (11) post traumatic stress disorder; (12) substance abuse disorders; and (13) autism. A subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment in the commonwealth for the diagnosis and medically necessary and active treatment of any mental disorder, as described in the most recent edition of the DSM, that is approved by the commissioner of mental health.

Amended by Mass SB 72 and Mass HB 4423.

Section 22 of chapter 31A was amended to include the definition of a licensed mental health professional. This section was also amended to include the provision that the commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage on a nondiscriminatory basis for the diagnosis and treatment of the following biologically-based mental disorders, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, referred to in this section as the DSM: (1) schizophrenia; (2) schizoaffective disorder; (3) major depressive disorder; (4) bipolar disorder; (5) paranoia and other psychotic disorders; (6) obsessive-compulsive disorder; (7) panic disorder; (8) delirium and dementia; (9) affective disorders; (10) eating disorders; (11) post traumatic stress disorders; (12) substance abuse disorders; and (13) autism. The commission shall also provide to any active and retired employee of the commonwealth who is insured under the group insurance commission coverage on a nondiscriminatory basis for the diagnosis and medically necessary and active treatment of any mental disorder, as described in the most recent edition of the DSM, that is approved by the commissioner of mental health.

Amended by Mass SB 72 and Mass HB 4423, respectively.

Subsection (i) of Section 4M, chapter 176G was amended to insert the definition of licensed mental health professional.

Amended by Mass. SB 72.

Subsection (i) of Section 47B was amended to include the definition of licensed mental health professional. Additionally, a provision was added which stated an individual policy of accident and sickness insurance issued which provides hospital expense and surgical expense insurance, and a group blanket or general policy of accident and sickness insurance issued, which provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth for the diagnosis and treatment of the following biologically-based mental disorders, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, referred to in this section as the DSM: (1) schizophrenia; (2) schizoaffective disorder; (3) major depressive disorder; (4) bipolar disorder; (5) paranoia and other psychotic disorders; (6) obsessive-compulsive disorder; (7) panic disorder; (8) delirium and dementia;(9) affective disorders; (10) eating disorders; (11) post traumatic stress disorder; (12) substance abuse disorders; and (13) autism. An individual policy of accident and sickness insurance issued, which provides hospital expense and surgical expense insurance, and a group blanket or general policy of accident and sickness insurance issued, which provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth for the diagnosis and medically necessary and active treatment of any mental disorder, as described in the most recent edition of the DSM, that is approved by the commissioner of mental health.

Amended by Mass HB 4423 and Mass SB 2400, respectively.

This is a comprehensive bill that addresses many issues. The part of the bill related to parity (Section 254) orders the state insurance commissioner to issue regulations requiring insurers to comply with the Federal Parity Law and the state parity law. It also requires insurance companies to file reports with the insurance commissioner detailing how they comply with the Federal Parity Law and state law (section 254). It also allows the attorney general to have public hearings about an insurers’ parity report to the insurance commissioner (section 254). Furthermore, it authorizes the state insurance commissioner to implement and enforce the Federal Parity Law and the parity sections of state law (section 8k).
This bill also requires the state Medicaid office to issue rules to make all state Medicaid plans compliant with the Federal Parity Law and the state parity law (section 265). Additionally, the office of Medicaid is required to submit annual reports detailing Medicaid plans’ compliance (section 265).

This is the appropriations bill for fiscal year 2013. Section 186 established an advisory committee tasked with analyzing behavioral health care services. Among other duties, the advisory committee must monitor the implementation of the Federal Parity Law and the parity sections of state law (section 8k).

• No annual limit or lifetime limit for autism spectrum disorder benefits is more restrictive than the limits imposed for physical conditions
• No limits on the number of visits an individual can make to an autism spectrum provider

Insurers are exempt from this requirement if they can show the annual cost associated with this coverage exceeded 1% of the premiums charged and that this would result in an increase in premiums of at least 1%.

Mass. Ann. Laws ch. 176O, § 20 mandates that a behavioral health manager shall notify covered persons of the following services:
(1) that the insured may obtain emergency mental health services;
(2) that no insured shall be discouraged from using the local pre-hospital emergency medical service system, the 911 emergency telephone number or its local equivalent;
(3) that no insured shall be denied coverage for medical and transportation expenses incurred as a result of such emergency mental health condition; and
(4) if the behavioral health manager requires an insured to contact either the behavioral health manager, carrier or the primary care provider of the insured within 48 hours of receiving emergency services, notification already given to the behavioral health manager, carrier or primary care provider by the attending emergency physician shall satisfy that requirement.
A behavioral health manager must also notify covered persons of the process by which clinical guidelines and utilization review are developed for behavioral health services.

Enacted by Mass. S.B. 2804