House File 2533 - Introduced



                                       HOUSE FILE       
                                       BY  KRESSIG


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to third=party payment of health care coverage
  2    costs for hyperbaric oxygen treatments.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6272HH 81
  5 av/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  514C.23  HYPERBARIC OXYGEN
  1  2 THERAPY COVERAGE.
  1  3    1.  Notwithstanding the uniformity of treatment
  1  4 requirements of section 514C.6, a policy, contract, or plan
  1  5 providing for third=party payment or prepayment of health or
  1  6 medical expenses shall provide hyperbaric oxygen therapy
  1  7 coverage, including but not limited to the following classes
  1  8 of third=party payment provider contracts or policies
  1  9 delivered, issued for delivery, continued, or renewed in this
  1 10 state:
  1 11    a.  Individual or group accident and sickness insurance
  1 12 providing coverage on an expense=incurred basis.
  1 13    b.  An individual or group hospital or medical service
  1 14 contract issued pursuant to chapter 509, 509A, 514, or 514A.
  1 15    c.  An individual or group health maintenance organization
  1 16 contract regulated under chapter 514B.
  1 17    d.  An individual or group Medicare supplemental policy,
  1 18 unless coverage pursuant to such policy is preempted by
  1 19 federal law.
  1 20    2.  This section shall not apply to accident only,
  1 21 specified disease, short=term hospital or medical, hospital
  1 22 confinement indemnity, credit, dental, vision, long=term care,
  1 23 basic hospital, and medical=surgical expense coverage as
  1 24 defined by the commissioner, disability income insurance
  1 25 coverage, coverage issued as a supplement to liability
  1 26 insurance, workers' compensation or similar insurance, or
  1 27 automobile medical payment insurance.
  1 28    3.  As used in this section, "hyperbaric oxygen therapy
  1 29 coverage" means benefits for the medical use of oxygen at a
  1 30 higher than atmospheric pressure for the treatment of either a
  1 31 traumatic brain injury or any other disorder affecting the
  1 32 central nervous system, including cerebral edema, cerebral
  1 33 palsy, multiple sclerosis, anoxic encephalopathies, and any
  1 34 other autoimmune or other disease affecting the central
  1 35 nervous system.
  2  1    4.  An annual deductible or coinsurance for hyperbaric
  2  2 oxygen therapy coverage shall not be greater than the annual
  2  3 deductible or coinsurance established for similar benefits
  2  4 under the policy, contract, or plan.  If the policy, contract,
  2  5 or plan does not provide similar benefits, the deductible or
  2  6 coinsurance for hyperbaric oxygen therapy coverage shall not
  2  7 be an amount that materially diminishes the value of the
  2  8 required coverage.
  2  9    5.  The commissioner of insurance shall adopt rules under
  2 10 chapter 17A as necessary to do all of the following:
  2 11    a.  Administer the provisions of this section.
  2 12    b.  Ensure that policies, contracts, or plans that provide
  2 13 third=party payment or prepayment of health or medical
  2 14 expenses do not include burdensome criteria or other obstacles
  2 15 which interfere with access to and provision of the benefits
  2 16 required by this section.
  2 17    6.  This section applies to third=party payment provider
  2 18 policies, contracts, or plans that are delivered, issued for
  2 19 delivery, continued, or renewed in this state on or after
  2 20 January 1, 2007.
  2 21                           EXPLANATION
  2 22    This bill creates new Code section 514C.23 which mandates
  2 23 payment of health care costs for hyperbaric oxygen therapy
  2 24 coverage in certain policies, contracts, or plans providing
  2 25 for third=party payment or prepayment of health or medical
  2 26 expenses.  The bill provides that the mandate does not apply
  2 27 to certain specified types of insurance coverage.
  2 28    The bill defines "hyperbaric oxygen therapy coverage" as
  2 29 benefits for the medical use of oxygen at a higher than
  2 30 atmospheric pressure for the treatment of either a traumatic
  2 31 brain injury or any other disorder affecting the central
  2 32 nervous system, including cerebral edema, cerebral palsy,
  2 33 multiple sclerosis, anoxic encephalopathies, and any other
  2 34 autoimmune or other disease affecting the central nervous
  2 35 system.
  3  1    The covered benefits cannot be subject to an annual
  3  2 deductible or coinsurance that is greater than that
  3  3 established for similar benefits, or if there are no similar
  3  4 covered benefits, then the deductible or coinsurance cannot be
  3  5 in an amount that materially diminishes the value of the
  3  6 required coverage.
  3  7    The bill also requires the commissioner of insurance to
  3  8 adopt rules under Code chapter 17A as necessary to administer
  3  9 the new section and to prevent insurers from adopting
  3 10 burdensome criteria or creating other obstacles which
  3 11 interfere with access to or provision of the benefits required
  3 12 by the new section.
  3 13    The new Code section applies to third=party payment
  3 14 provider policies, contracts, or plans that are delivered,
  3 15 issued for delivery, continued, or renewed in this state on or
  3 16 after January 1, 2007.
  3 17 LSB 6272HH 81
  3 18 av:nh/sh/8