Senate Passes Patients First Act

The Massachusetts Senate on Thursday unanimously passed the Patients First Act, the third piece of signature healthcare legislation advanced by the body to increase access to health care, protect patients, and enhance quality care. The legislation builds on vital lessons learned during the COVID-19 public health crisis, as unprecedented demands on the healthcare system have prompted innovation and the expedited adoption of policy changes.

“When it comes to making telehealth services permanently accessible, ending surprise billing and expanding scope of practice, let me be clear: we cannot wait,” stated Senate President Karen E. Spilka (D-Ashland). “We have learned a lot about how to deliver accessible health care during the global pandemic, and we can and should implement these changes now. I am thrilled the Patients First Act passed unanimously, and hope to see our other comprehensive health care reforms – the PACT Act and Mental Health ABC Act – continue to move forward in the legislative process. I would like to thank Senators Friedman and Rodrigues for their hard work and collaboration on this effort.”

“Today's passage of the Patients First Act reflects the Senate’s commitment to supporting our healthcare system during the COVID-19 pandemic,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “I applaud my colleagues for voting to expand access to care, including vital telehealth services, while bolstering patient protections. Thank you to Senator Friedman for her tireless efforts to safeguard the healthcare system and thank you to all frontline healthcare workers for keeping us safe in the face of unprecedented challenges.”

“The Patients First Act ensures that our healthcare system can continue to deliver quality, affordable and accessible care long after the COVID-19 state of emergency has ended,” said Senator Cindy F. Friedman (D-Arlington), co-chair of the Joint Committee on Health Care Financing. “By increasing access to telehealth services, eliminating the unfair practice of surprise billing, and expanding our healthcare workforce, we are taking important steps to protect patients and increase access to quality care for all. Thank you to Senate President Spilka, Chair Rodrigues, and all of my Senate colleagues for their shared commitment to improving our healthcare system in Massachusetts so that it truly puts patients first.”

"This bill provides important flexibility to ensure that health care is available when and where it is needed during the COVID-19 pandemic, and it also builds a foundation for innovation in the future to achieve quality care that is cost-effective, affordable and sustainable,” said Senate Minority Leader Bruce Tarr (R- Gloucester).

The Patients First Act ensures that telehealth services are available across the Commonwealth –services that have experienced a dramatic expansion during the COVID-19 pandemic, enabling patients across the state to continue receiving vital medical care through phone or videoconference without risking exposure to the coronavirus. Experience from the last few months has shown that telehealth has the ability to improve efficiency and expand access to care. These services, however, were not widely utilized before COVID-19.

The bill does the following to put patients first:

• Requires insurance carriers, including MassHealth, to cover telehealth services in any case where the same in-person service would be covered. It also ensures that telehealth services include care through audio-only telephone calls, and requires reimbursement rates to match in-person services over the next two years.

• Eliminates “surprise billing,” the unfair practice of charging patients who are unaware they received health care services outside of their insurance network for costs that insurance carriers refuse to pay. The situation is common especially prior to a planned procedure, and it can be impossible to avoid uncovered services, particularly in emergency situations.

• Expands the scope of practice for several health care professionals, increasing patient access to critical care. The bill would allow registered nurse practitioners, nurse anesthetists and psychiatric nurse mental health specialists to practice independently as long as they meet certain education and training standards.

• Recognizes pharmacists as health care providers, enabling them to integrate more fully into coordinated care teams.

• Creates a new professional license for “dental therapists,” who will be authorized to provide dental hygiene and other oral health services, which will help expand access to dental care in underserved communities.

• Tasks state health care oversight agencies to analyze and report on the effects COVID-19 has had on the Commonwealth’s health care delivery system as it relates to accessibility, quality and fiscal sustainability. The analysis will include an inventory of all health care services and resources serving Massachusetts residents from birth to death, as well as an analysis of existing health care disparities due to economic, geographic, racial or other factors.

The passage of the Patients First Act marks the third major piece of healthcare legislation passed in the Senate this session, in addition to the Pharmaceutical Access, Costs and Transparency (PACT) Act and the Mental Health Addressing Barriers to Care (ABC) Act.

The Patients First Act now moves to the House of Representatives for consideration.