Massachusetts S 502: An Act improving lives by ensuring access to brain injury treatment

Bill Text

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SENATE DOCKET, NO. 987 FILED ON: 1/19/2017
SENATE . . . . . . . . . . . . . . No. 502

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Harriette L. Chandler
_________________
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 improving lives by ensuring access to brain injury treatment.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Harriette L. Chandler First Worcester
Hannah Kane 11th Worcester 1/30/2017
Barbara A. L'Italien Second Essex and Middlesex 1/31/2017
Kay Khan 11th Middlesex 1/31/2017
Steven S. Howitt 4th Bristol 2/1/2017
Jason M. Lewis Fifth Middlesex 2/1/2017
James M. Cantwell 4th Plymouth 2/1/2017
Denise Provost 27th Middlesex 2/1/2017
Joan B. Lovely Second Essex 2/1/2017
Viriato M. deMacedo Plymouth and Barnstable 2/1/2017
Kate Hogan 3rd Middlesex 2/2/2017
Jack Lewis 7th Middlesex 2/2/2017
Thomas J. Calter 12th Plymouth 2/2/2017
Angelo J. Puppolo, Jr. 12th Hampden 2/3/2017
Anne M. Gobi Worcester, Hampden, Hampshire and
Middlesex
2/3/2017
Paul R. Heroux 2nd Bristol 2/3/2017
Colleen M. Garry 36th Middlesex 2/3/2017

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Daniel J. Ryan 2nd Suffolk 2/3/2017
Marjorie C. Decker 25th Middlesex 2/3/2017
Patrick M. O'Connor Plymouth and Norfolk 2/3/2017
James J. O'Day 14th Worcester 2/3/2017
John W. Scibak 2nd Hampshire 2/3/2017
Sal N. DiDomenico Middlesex and Suffolk 2/3/2017
Keiko M. Orrall 12th Bristol 2/3/2017
Harold P. Naughton, Jr. 12th Worcester 2/3/2017
William N. Brownsberger Second Suffolk and Middlesex 2/3/2017
James M. Murphy 4th Norfolk 2/3/2017
Walter F. Timilty Norfolk, Bristol and Plymouth 2/3/2017
David M. Rogers 24th Middlesex 2/3/2017
Michael D. Brady Second Plymouth and Bristol 2/7/2017
Jennifer L. Flanagan Worcester and Middlesex 2/8/2017
Kathleen O'Connor Ives First Essex 4/18/2017

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SENATE DOCKET, NO. 987 FILED ON: 1/19/2017
SENATE . . . . . . . . . . . . . . No. 502
By Ms. Chandler, a petition (accompanied by bill, Senate, No. 502) of Harriette L. Chandler,
Hannah Kane, Barbara A. L'Italien, Kay Khan and other members of the General Court for
legislation relative to cognitive rehabilitation. Financial Services.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 485 OF 2015-2016.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act improving lives by ensuring access to brain injury treatment.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 The purpose of this bill is to mandate private insurers to fill the existing gap in coverage
2 for post-acute cognitive rehabilitation services which are medically necessary for an individual to
3 recover from an acquired brain injury and return to work, family life and safe functioning at
4 home and in the community These services are crucial for an individual who has been medically
5 stabilized and discharged from an acute hospital, but whose persistent cognitive deficits are
6 severe enough to present personal safety concerns and require continued medical interventions.
7 Cognitive Rehabilitation Therapy (CRT) is a process of re-learning cognitive skills essential for
8 daily living through the coordinated specialized, integrated therapeutic treatments which are
9 provided in dynamic settings designed for efficient and effective re-learning following brain

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10 injury. Treatment can mean the difference between a lifetime of institutionalization and the
11 ability to return to home and work.
12 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2014 Official edition,
13 is hereby amended by inserting after section 17O the following section:-
14 Section 17P. (a) For purposes of this section, the following terms shall have the following
15 meanings:-
16 “Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can
17 be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen,
18 brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain
19 injury.
20 “Cognitive communication therapy” treats problems with communication which have an
21 underlying cause in a cognitive deficit rather than a primary language or speech deficit.
22 “Cognitive rehabilitation therapy (CRT)” is a process of re-learning cognitive skills
23 essential for daily living through the coordinated specialized, integrated therapeutic treatments
24 which are provided in dynamic settings designed for efficient and effective re-learning following
25 damage to brain cells or brain chemistry due to brain injury.
26 “Community reintegration services” provide incremental guided real-world therapeutic
27 training to develop skills essential for an individual to par