Massachusetts H 1073: An Act relative to telehealth parity for nutrition counseling

Bill Text

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HOUSE DOCKET, NO. 2391 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1073

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Meghan K. Kilcoyne
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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 relative to telehealth parity for nutrition counseling.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Meghan K. Kilcoyne 12th Worcester 1/19/2023
Edward R. Philips 8th Norfolk 3/13/2023
Samantha Montaño 15th Suffolk 3/21/2023
Adrian C. Madaro 1st Suffolk 4/5/2023
Simon Cataldo 14th Middlesex 4/5/2023
James C. Arena-DeRosa 8th Middlesex 4/5/2023
Denise C. Garlick 13th Norfolk 4/10/2023
Michelle L. Ciccolo 15th Middlesex 4/10/2023
Tackey Chan 2nd Norfolk 4/21/2023
Bruce E. Tarr First Essex and Middlesex 9/11/2023

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HOUSE DOCKET, NO. 2391 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1073
By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1073) of
Meghan Kilcoyne and Edward R. Philips 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:

1 SECTION 1. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of
2 chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
3 “behavioral health services” the following definition:-
4 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
5 therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
6 nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
7 SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by
8 section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection
9 (g) and inserting in place thereof the following subsection:-
10 (g) The commission shall ensure that the rate of payment for in-network providers of
11 behavioral health services and in-network providers of nutrition counseling delivered via
12 interactive audio-video technology and audio-only telephone shall be no less than the rate of

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13 payment for the same service delivered via in-person methods; provided, that this subsection
14 shall apply to providers of behavioral health services and nutrition counseling covered as
15 required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of
16 chapter 176O.
17 SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40
18 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for
19 “behavioral health services” the following definition:-
20 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
21 therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
22 nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
23 SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by
24 section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out
25 subsection (g) and inserting in place thereof the following subsection:-
26 (g) The division shall ensure that the rate of payment for in-network providers of
27 behavioral health services and in-network providers of nutrition counseling delivered via
28 interactive audio-video technology and audio-only telephone shall be no less than the rate of
29 payment for the same service delivered via in-person methods; provided, that this subsection
30 shall apply to providers of behavioral health services and providers of nutrition counseling
31 covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of
32 section 6 of chapter 176O.

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33 SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as
34 inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting after
35 the definition for “behavioral health services” the following definition:-
36 “Nutrition counseling”, care and services, including, but not limited to, medical nutrition
37 therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and
38 nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
39 SECTION 6. Said section 47MM of said chapter 175 of the Genera