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H 2195

An Act to improve the quality of mental health services, and rights of patients, by providing for sufficient privacy

194th Legislature (2025-2026) Introduced by Mike Day

Requires private intake rooms for all mental health admissions and treatment talks, limits who can overhear, bans waivers except in extreme emergencies, under DPH/PHC enforcement.

Hearing scheduled for 10/14/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · H 2195

Summary: H.2195 – An Act to improve the quality of mental health services, and rights of patients, by providing for sufficient privacy

Overview

H.2195 proposes new privacy protections for individuals receiving mental health services in Massachusetts. The bill would require that patients have access to a private intake space during admissions, assessments, and treatment discussions, with strict limits on who may hear conversations. It also establishes a regulatory framework to implement and enforce these privacy requirements through the Department of Public Health and the Public Health Council.

Purpose and intent

  • Improve the quality of mental health services by safeguarding patient privacy during intake and treatment.
  • Strengthen patients’ rights related to confidentiality and the handling of sensitive information.
  • Address concerns about privacy shortfalls in settings facing funding constraints, such as open wards or non-private intake areas.

Key Provisions

  • Creation of a new privacy framework (inserting a new chapter in the General Laws) to govern mental health intake and treatment privacy.
  • Every individual presenting for mental health services, or admitted for such services or assessments, would be entitled to a specific private intake room or physical space.
    • Only the patient, medical staff, and relevant security personnel may overhear intake and treatment conversations in this space.
  • Waivers of these privacy protections are not permitted, except in extreme emergency circumstances.
    • If an extreme emergency exception applies, it must be specifically noted and recorded in the patient’s medical record, including the reasons.
  • Rationale for privacy protections highlights how funding reductions can lead to open, non-private settings, potentially compromising confidentiality and discouraging individuals from seeking care.
  • Policy objective: reduce or eliminate violations of patient confidentiality to the extent possible.
  • Implementation and enforcement: The Massachusetts Department of Public Health (DPH) and the Public Health Council (PHC) would be authorized to develop, establish, and enforce the necessary regulations to carry out the bill’s intent.

Who is affected

  • Patients and prospective patients receiving mental health services (assessment, intake, and treatment).
  • Mental health care providers and clinical staff involved in intake and treatment conversations.
  • Security personnel involved in patient care settings.
  • Health facilities and programs delivering mental health services.
  • Massachusetts Department of Public Health and the Public Health Council (regulatory oversight).

Implementation and timeline

  • Introduced: February 27, 2025.
  • Referred to the Joint Committee on Mental Health, Substance Use and Recovery (February 27, 2025).
  • Senate concurred with the House version (status indicates confirmation of cross-chamber agreement).
  • Hearing scheduled: October 14, 2025, from 1:00 PM to 5:00 PM in Room A-2.

Legislative history and related measures

  • Related bill: House Document 4058 (the House bill number for this measure).
  • Similar matter previously filed: House No. 1976 in the 2023-2024 session.
  • Version notes indicate the bill would replace/establish a new privacy framework for mental health services.

Potential impact and considerations

  • Positive: stronger privacy protections could enhance patient trust, improve the quality of intake conversations, and support accurate information sharing between patients and clinicians.
  • Operational considerations: facilities may need to designate or construct private intake spaces; adherence to privacy requirements will require staff training and monitoring.
  • Emergency carve-outs: the meaning and scope of “extreme emergency circumstances” would be important to define in regulations.
  • Regulatory lead: DPH and PHC would play central roles in fleshing out standards, inspections, and enforcement mechanisms.

This summary captures the bill’s core purpose, substantive provisions, affected parties, and key procedural milestones.

Compiled from official sources — confirm details with the bill’s official record.

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