House Amendment 8423


PAG LIN




     1  1    Amend House File 2558 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  NEW SECTION.  514C.21  MANDATED
     1  5 COVERAGE FOR MENTAL HEALTH CONDITIONS.
     1  6    1.  For purposes of this section, unless the
     1  7 context otherwise requires:
     1  8    a.  "Mental health condition" means a condition or
     1  9 disorder involving mental illness or alcohol or
     1 10 substance abuse that falls under any of the diagnostic
     1 11 categories listed in the mental disorders section of
     1 12 the international classification of disease, as
     1 13 periodically revised.
     1 14    b.  "Rates, terms, and conditions" means any
     1 15 lifetime payment limits, deductibles, copayments,
     1 16 coinsurance, and any other cost=sharing requirements,
     1 17 out=of=pocket limits, visit limitations, and any other
     1 18 financial component of benefits coverage that affects
     1 19 the covered individual.
     1 20    2.  a.  Notwithstanding section 514C.6, a policy or
     1 21 contract providing for third=party payment or
     1 22 prepayment of health or medical expenses shall provide
     1 23 coverage benefits for mental health conditions based
     1 24 on rates, terms, and conditions which are no more
     1 25 restrictive than the rates, terms, and conditions for
     1 26 coverage benefits provided for other health or medical
     1 27 conditions under the policy or contract.
     1 28 Additionally, any rates, terms, and conditions
     1 29 involving deductibles, copayments, coinsurance, and
     1 30 any other cost=sharing requirements shall be
     1 31 cumulative for coverage of both mental health
     1 32 conditions and other health or medical conditions
     1 33 under the policy or contract.
     1 34    b.  Coverage required under this subsection shall
     1 35 be as follows:
     1 36    (1)  For the treatment of mental illness, coverage
     1 37 shall be for services provided by a licensed mental
     1 38 health professional, or services provided in a
     1 39 licensed hospital or health facility.
     1 40    (2)  For the treatment of alcohol or substance
     1 41 abuse, coverage shall be for services provided by a
     1 42 substance abuse counselor, as approved by the
     1 43 department of human services, a licensed health
     1 44 facility providing a program for the treatment of
     1 45 alcohol or substance abuse approved by the department
     1 46 of human services, or a substance abuse treatment and
     1 47 rehabilitation facility, as licensed by the department
     1 48 of public health pursuant to chapter 125.
     1 49    3.  This section applies to the following classes
     1 50 of third=party payment provider contracts or policies
     2  1 delivered, issued for delivery, continued, or renewed
     2  2 in this state on or after January 1, 2005:
     2  3    a.  Individual or group accident and sickness
     2  4 insurance providing coverage on an expense=incurred
     2  5 basis.
     2  6    b.  An individual or group hospital or medical
     2  7 service contract issued pursuant to chapter 509, 514,
     2  8 or 514A.
     2  9    c.  A plan established pursuant to chapter 509A for
     2 10 public employees.
     2 11    d.  An individual or group health maintenance
     2 12 organization contract regulated under chapter 514B.
     2 13    e.  An individual or group Medicare supplemental
     2 14 policy, unless coverage pursuant to such policy is
     2 15 preempted by federal law.
     2 16    f.  Any other entity engaged in the business of
     2 17 insurance, risk transfer, or risk retention, which is
     2 18 subject to the jurisdiction of the commissioner.
     2 19    g.  An organized delivery system licensed by the
     2 20 director of public health.
     2 21    4.  The commissioner shall adopt rules to
     2 22 administer this section after consultation with the
     2 23 mental health insurance advisory committee.
     2 24    a.  The commissioner shall appoint members to a
     2 25 mental health insurance advisory committee.  Members
     2 26 shall include all sectors of society impacted by
     2 27 issues associated with coverage of mental health
     2 28 treatment by third=party payors including, but not
     2 29 limited to, representatives of the insurance industry,
     2 30 small and large employers, employee representatives
     2 31 including labor, individual consumers, health care
     2 32 providers, and other groups and individuals that may
     2 33 be identified by the insurance division of the
     2 34 department of commerce.
     2 35    b.  The committee shall meet upon the request of
     2 36 the commissioner to review rules proposed under this
     2 37 section by the commissioner, and to make suggestions
     2 38 as appropriate.>
     2 39 #2.  Title page, line 1, by striking the words
     2 40 <crimes against> and inserting the following:
     2 41 <provision of health care coverage to>.
     2 42 #3.  Title page, lines 2 and 3, by striking the
     2 43 words <at any stage of development and making
     2 44 penalties applicable>.
     2 45
     2 46
     2 47                               
     2 48 SMITH of Marshall
     2 49 HF 2558.303 80
     2 50 pf/cf

                              -1-