Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
(a) Acupuncture shall include, but not be limited to:
- Auricular, hand, nose, face, foot and/or scalp acupuncture therapy;
- Stimulation to acupuncture points and channels by use of any of the following:
a. Needles, moxibustion, cupping, thermal methods, magnets, scraping techniques, ion cord linking acupuncture devices with wires, hot and cold packs, TDP (electro magnetic wave therapy), and lasers.
b. Manual stimulation, including stimulation by an instrument or mechanical device that does not pierce the skin); massage, acupressure, reflexology, shiatsu and tui na.
c. Electrical stimulation including electro-acupuncture, percutaneous and transcutaneous electrical nerve stimulation.
(b)Acupuncture diagnostic technique shall include but not be limited to the use of observation, listening, smelling, inquiring, palpation, pulses, tongue, physiognomy, five element correspondences, ryodoraku, German electro-acupuncture, and thermography.
(c) The needles used in acupuncture shall be sterile one-use disposable solid filiform instruments which shall include but not be limited to: dermal needles, plum blossom needles, press needles, prismatic needles and disposal lancets. The use of staples in the practice of acupuncture shall be prohibited.
(d) Adjunctive therapies shall include but not be limited to: 1. oriental nutritional counseling, and the recommendation of nonprescription substances which meet the Food and Drug Administration labeling requirements as dietary supplements to promote health. 2. instructions and training of meditation, breathing techniques and therapeutic movement exercises including but not limited to tai chi, Qi Gong, Sotai; and 3. lifestyle, behavioral, supportive, educational and stress counseling.
(e) Acupuncturist means any person licensed under the provisions of M.G.L. c. 112, s.s. 149 to 162, inclusive, to practice acupuncture.
SECTION 1. Chapter 175 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 47Y the following section:-
Section 47AA. All individual or group accident and health insurance policies and health service contracts delivered, issued or renewed by an insurer or nonprofit health service corporation which provide benefits to individual subscribers and members within the commonwealth or to all group members having a principal place of employment within the commonwealth shall provide benefits for services rendered by a licensed acupuncturist.
(a) Denial of benefits. No carrier referred to in Section 47AA may, in the payment of claims to employees in this state, deny benefits payable for services covered by the policy or contract if the services are lawfully performed by a licensed acupuncturist and fall within the scope of practice of the licensed acupuncturist.
(b) When a carrier makes a denial of payment claim determination concerning the appropriateness, quality, or utilization of acupuncture services for individuals in this state performed by a licensed acupuncture practitioner, a denial of payment claim determination that is made a health professional must be made by, under the direction of, or subject to the review of a licensed acupuncture practitioner.
SECTION 2. Section 205 of said chapter 175, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
The commissioner shall not approve a policy that does not provide benefits for services rendered by a licensed acupuncturist.
SECTION 3. Chapter l76A of the General Laws, as appearing in the 206 Official Edition, is hereby amended by inserting after section 8AA the following section:-
Section 8BB. Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered, issued or renewed in the commonwealth shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a licensed acupuncturist.
SECTION 4. Chapter l76B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 4BB the following section:-
Section 4CC. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed in the commonwealth shall provide a benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a licensed acupuncturist.
SECTION 5. Chapter 176G of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 4T the following section:-
Section 4U. Any group health maintenance contract shall provide coverage for acupuncture as defined in section l of chapter 112.