2022 ANCE will be virtual on Friday, March 25th.
On March 10, 2020, Governor Charlie Baker issued a similar state of emergency in MA, mandating coverage of and reimbursement parity for health care services provided from any location and via all modalities of telehealth.
At the end of 2020, the MA legislature passed a health care bill referred to as the “no surprise billing” or telehealth bill. It took effect January 1, 2021 and will end on January 1, 2023.
Telehealth bill - Chapter 260 of the Acts of 2020
It called for a study on the use of telehealth during the pandemic and impact on health care spending to guide future telehealth legislation.
It made permanent coverage of and reimbursement parity for behavioral health care services provided via telehealth.
It mandated coverage of and reimbursement parity for primary care and chronic disease management provided via all modalities of telehealth until January 1, 2023.
It allowed insurance carriers to change their telehealth reimbursement rates for any other health care services 90 days after the end of the governor’s state of emergency.
The state of emergency ended June 15, 2021 and telehealth changes took effect September 13, 2021, including allowing lower reimbursement rates for MNT provided via telehealth.
Telehealth regulation - MA Division of Insurance
The MA Division of Insurance (DOI) is the state agency that issues regulations to clarify or codify health insurance coverage and reimbursement issues affected by state legislation.
MA DOI held public listening sessions in the winter of 2021 to gather input on any eventual telehealth regulations it would issue.
MAND met with MA DOI in August of 2021 to discuss MNT coverage and reimbursement and asked for MNT to be considered part of chronic disease management and reimbursed at parity for all modalities of telehealth until 2023. View MAND’s written statement to MA DOI here.
MA DOI issued a public notice on September 7, 2021 which reinforced the reimbursement rate changes as outlined in the legislation.
MA DOI announced new draft regulations and a public hearing on May 11, 2022 for health care providers and insurance carriers to provide testimony related to proposed changes in telehealth regulations ahead of January 1, 2023.
MAND's Telehealth Advocacy
MAND’s Executive Committee decided to retain a lobbying firm to work with us to advocate for coverage of and reimbursement parity for MNT provided by all modalities of telehealth as part of chronic disease management.
With our lobbyists, MAND is meeting with key members of the state legislature to advocate for our services and ask that MNT be included and reimbursed fairly in any new telehealth bill.
To date, MAND has met with Senator Cindy Friedman (D-Arlington), Senate Chair, Joint Committee on Health Care Financing; and Representative Kate Hogan (D-Stow), House Speaker Pro Tempore.
We are setting up meetings with Representative Ann-Margaret Ferrante (D-Gloucester), Vice Chair, House Committee on Ways and Means; and Representative Ron Mariano (D-Quincy), Speaker of the House.
We are planning to meet with BCBSMA to discuss MNT, provide data on its important role in reducing health care spending on chronic disease and advocate against further reimbursement rate cuts.
In addition, we will provide testimony at the MA DOI public hearing on May 11, 2022.
Yes, however, as of September 13, 2021, there is no guarantee of reimbursement rate parity for nutrition services provided via telehealth. Insurance carriers are acting withing the law if they announce rate cuts.
"Carriers may choose to continue paying all providers at existing telehealth rates of reimbursement. If Carriers wish to alter telehealth rates of reimbursement where allowed under the law, they are expected, as noted in Bulletin 2021-04, to file implementation plans with the Division that highlight the methods and timing that would apply to all affected providers . . ." (MA Division of Insurance update on telehealth issued September 7, 2021)
Per current MA DOI regulations, credentialed providers need to offer both in-person appointments and telehealth appointments to remain in compliance with many of the insurance providers’ contracts (i.e., should a patient request an in-person visit). Private insurers may have specific requirements related to in person vs remote appointments. You should review the updated telehealth information on insurance companies’ websites for credentialed providers.
A new health care bill could be passed, or an amendment made to another piece of legislation, which would take effect January 1, 2023.
Further provisions may be issued by MA DOI, after its May 11, 2022 public hearing. We will update this page at that time. Members are also encouraged to visit MA DOI's website to view testimony provided by MAND, other associations and insurance carriers at the hearing and any updated draft and final regulations: https://www.mass.gov/orgs/division-of-insurance
For more information on the MA Division of Insurance:
For more information on Chapter 260 of the Acts of 2020:
View all comments submitted to MA DOI regarding telehealth provisions here:
Join the Academy's telehealth discussion board: https://www.eatrightpro.org/practice/practice-resources/telehealth/telehealth-discussion-board
View the Academy's Telehealth Policy Stance here.
View the Academy's letter to CMS regarding telehealth here.