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The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
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 to identify and eliminate racial and sexual orientation and gender identity disparities in
mental health.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Marjorie C. Decker 25th Middlesex 2/19/2021
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 HOUSE DOCKET, NO. 3354 FILED ON: 2/19/2021
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[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act to identify and eliminate racial and sexual orientation and gender identity disparities in
mental health.
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. CHAPTER 6D of the General Laws, as appearing in the 2018 Official
2 Edition and most recently amended by section 6 of chapter 41 of the acts of 2019, is hereby
3 amended by adding the following section:—
4 Section 20(a). The commission shall issue an annual report that shall include data
5 designed to assist in identifying and eliminating disparities in behavioral health treatment. The
6 report shall examine the prevalence of behavioral health and substance use disorders and suicide
7 among different populations of individuals in the commonwealth, such populations’ access to
8 services and evidence-based treatments, the availability of information to various populations
9 regarding access to treatment, the level of diversity in the behavioral health workforce, and
10 payment systems or methodologies for behavioral health treatments. The report shall examine
11 differences in the prevalence of mental illness, substance use disorders and suicide between
12 various groups based on (i) race and ethnicity; (ii) sexual orientation and gender identity; (iii)
13 income levels; (iv) age; (v) place of residence; (vi) homelessness; (vii) disability; (viii) primary
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14 language; and (ix) incarceration status. The commission shall investigate and study the
15 accessibility of behavioral health and substance use disorder services in the commonwealth,
16 including but not limited to: (i) the geographic distribution and availability to various
17 populations described in this section of inpatient and outpatient, emergency, and hospital
18 diversionary behavioral health and substance use disorder services; (ii) how such diversionary
19 behavioral health and substance use disorder services are reimbursed; and (iii) the adequacy of
20 the geographic distribution of such services to address the needs of the different populations
21 described in this section. The report shall also address the use, availability and reimbursement of
22 evidence-based practices among different communities and populations. Evidence-based
23 practices shall include collaborative or integrated care, the program for assertive community
24 treatment, early psychosis programs, comprehensive trauma services, medication-assisted
25 treatment for addictions and dual recovery crisis intervention.
26 (b) The report shall include a review of the behavioral health and substance use disorder
27 workforce in the commonwealth. The review shall address : (i) the demographic makeup of such
28 workforce; (ii) existing workforce pipelines, incentives and training and the adequacy of such
29 pipelines to support the development of a culturally diverse and competent workforce; (iii)
30 workforce models to address social determinants of health including but not limited to the use of
31 community health workers, recovery coaches, healthcare navigators, and care coordinators; (iv)
32 methods of reimbursement that will support services and decrease workforce turnover; and (v)
33 adequacy of health care insurance payments.
34 (c) The report shall examine: (i) the respective roles of the department of mental health
35 and the department of public health in monitoring mental health disparities and providing for
36 intervention; (ii) methods and funding mechanisms available to address primary, secondary, and
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37 tertiary prevention of mental health conditions; (iii) the role of the criminal justice system in
38 diverting those with mental illness and substance use disorder from jails and prisons; (iv) the
39 availability of jail diversion programs in different regions of commonwealth; (v) the adequacy of
40 existing civil commitment and guardianship laws support mental health and addiction recovery
41 in an equitable and trauma-informed manner; and (vi) and the demographic makeup of
42 incarcerated individuals in the commonwealth.
43 (d) The commission shall issue and provide such report, on or before July 1 of each year,
44 to the secretary of health and human services, the commissioner of public health, the
45 commissioner of mental health, the commissioner of insurance, the attorney general, the senate
46 president, the speaker of the house, the house and senate committees on ways and means, and the
47 chairs of the joint committees on health care financing, public health, and mental health,
48 substance use and recovery.
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