PETITION OF:

SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47B the following section:—
Section 47B½. Any blanket or general policy of insurance described in subdivision (A), (C), or (D) of section one hundred and ten which provides hospital expense and surgical expense insurance and which is issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth during the period this provision is effective, or any policy of accident and sickness insurance as described in section 108 which is delivered or issued for delivery or subsequently renewed by agreement between the insurer and the policyholder in the commonwealth during the period that this provision is effective, or any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is promulgated or renewed to any person or group of persons in this commonwealth while this provision is effective, shall provide the option to all individuals insured within the commonwealth and to all group members having a principal place of employment within the commonwealth of obtaining outpatient mental health benefits mandated by Section 47B (a) — (c) and (e) of this chapter from a duly licensed mental health professional of the insured’s choice. Whenever out patient mental health benefits as mandated by Section 47B (a) — (c) and (e) of this chapter are provided by a duly licensed mental health care professional of the subscriber’s choice, the individual or group hospital service plan shall reimburse the licensed mental health care professional at a rate not less than 80% of the usual network per-unit reimbursement rate for a like licensed professional. Any additional premium attributable to the choice by an eligible person to exercise the point of service option shall be just, reasonable, non-discriminatory, and based on sound actuarial principles. Co-payments for eligible persons exercising the point of service option and receiving goods and services from non-participating providers shall not exceed one hundred and fifteen percent of the co-payments for healthcare benefits provided through the health insurer’s network. No other additional charges, costs, or deductibles may be levied due to the exercise of the point of service option.
For the purposes of this section licensed mental health professional shall mean a person fully licensed to provide mental health and/or substance abuse treatment within the area of his/her competence and is third part reimbursable under the applicable statutes of the Commonwealth of Massachusetts.
All subscribers shall be duly informed at the time they contract for any health care coverage that there exists such a point of service option.

SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8A the following section:—
Section 8A½. Any contract between a subscriber and the corporation under an individual or group hospital service plan which shall be delivered or issued or renewed in the commonwealth shall provide the option to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment while this provision is effective within the commonwealth, to obtain outpatient mental health benefits mandated by Section 8A (a) — (c) and (e) of this chapter from a duly licensed health care professional of the subscriber’s choice. Whenever outpatient mental health benefits as mandated by section 8A (a) — (c) and (e) of this chapter are provided by a duly licensed health care professional of the subscriber’s choice, the individual or group hospital service plan shall reimburse the licensed mental health care professional at a rate not less than 80% of the usual network per-unit reimbursement rate for a like licensed professional. Any additional premium attributable to the choice by an eligible person to exercise the point of service option shall be just, reasonable, non-discriminatory, and based on sound actuarial principles. Co-payments for eligible persons exercising the point of service option and receiving goods and services from non-participating providers shall not exceed one hundred and fifteen percent of the co-payments for healthcare benefits provided through the health insurer’s network. No other additional charges, costs, or deductibles may be levied due to the exercise of the point of service option.
For the purposes of this section licensed mental health professional shall mean a person fully licensed to provide mental health and/or substance abuse treatment within the area of his/her competence and is third part reimbursable under the applicable statutes of the Commonwealth of Massachusetts.
All subscribers shall be duly informed at the time they contract for any health care coverage that there exists such a point of service option.

SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4A the following section:—
Section 4A½. Any subscription certificate under an individual or group medical service agreement which shall be delivered or issued or renewed in this commonwealth shall provide the option to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth to obtain outpatient mental health benefits mandated by Section 4A (a) — (c) and (e) of chapter 176B are provided by a duly licensed mental health care professional of the subscriber’s choice, the individual or group medical service plan shall reimburse the licensed mental health care professional at a rate not less than 80% of the usual network per-unit reimbursement rate for a like licensed professional. Any additional premium attributable to the choice by an eligible person to exercise the point of service option shall be just, reasonable, non-discriminatory, and based on sound actuarial principles. Co-payments for eligible persons exercising the point of service option and receiving goods and services from non-participating providers shall not exceed one hundred and fifteen percent of the co-payments for healthcare benefits provided through the health insurer’s network. No other additional charges, costs, or deductibles may be levied due to the exercise of the point of service option.
For the purposes of this section licensed mental health professionals shall mean a person fully licensed to provide mental health and/or substance abuse treatment within the area of his/her competence and is third part reimbursable under the applicable statutes of the Commonwealth of Massachusetts.
All subscribers shall be duly informed at the time they contract for any health care coverage that there exists such a point of service option.

SECTION 4. Chapter 176G of the General Laws is hereby amended by inserting after section 4M the following section:—
Section 4M½. Any health maintenance contract shall provide the option to all members to obtain outpatient mental health benefits from a duly licensed mental health professional of the member’s choice. Whenever mental health benefits are provided by a duly licensed mental health professional the contract shall reimburse the licensed mental health care professional at a rate not less than 80% of the usual network per-unit reimbursement rate for a like licensed professional. Any additional premium attributable to the choice by an eligible person to exercise the point of service option shall be just, reasonable, non-discriminatory, and based on sound actuarial principles. Co-payments for eligible persons exercising the point of service option and receiving goods and services from non-participating providers shall not exceed one hundred and fifteen percent of the co-payments for healthcare benefits provided through the health insurer’s network. No other additional charges, costs, or deductibles may be levied due to the exercise of the point of service option.
For the purposes of this section licensed mental health professional shall mean a person fully licensed to provide mental health and/or substance abuse treatment within the area of his/her competence and is third part reimbursable under the applicable statutes of the Commonwealth of Massachusetts.
All subscribers shall be duly informed at the time they contract for any health care coverage that there exists such a point of service option