House File 96 



                                       HOUSE FILE       
                                       BY  JOCHUM and SMITH


    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 mental health conditions, including alcohol or
  3    substance abuse treatment services.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1682HH 82
  6 av/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  514C.23  MANDATED COVERAGE FOR
  1  2 MENTAL HEALTH CONDITIONS == MENTAL HEALTH INSURANCE ADVISORY
  1  3 COMMITTEE.
  1  4    1.  For purposes of this section, unless the context
  1  5 otherwise requires:
  1  6    a.  "Mental health condition" means a condition or disorder
  1  7 involving mental illness or alcohol or substance abuse that
  1  8 falls under any of the diagnostic categories listed in the
  1  9 mental disorders section of the international classification
  1 10 of disease, as periodically revised.
  1 11    b.  "Rates, terms, and conditions" means any lifetime
  1 12 payment limits, deductibles, copayments, coinsurance, and any
  1 13 other cost=sharing requirements, out=of=pocket limits, visit
  1 14 limitations, and any other financial component of benefits
  1 15 coverage that affects the covered individual.
  1 16    2.  a.  Notwithstanding section 514C.6, a policy or
  1 17 contract providing for third=party payment or prepayment of
  1 18 health or medical expenses shall provide coverage benefits for
  1 19 mental health conditions based on rates, terms, and conditions
  1 20 which are no more restrictive than the rates, terms, and
  1 21 conditions for coverage benefits provided for other health or
  1 22 medical conditions under the policy or contract.
  1 23 Additionally, any rates, terms, and conditions involving
  1 24 deductibles, copayments, coinsurance, and any other cost=
  1 25 sharing requirements shall be cumulative for coverage of both
  1 26 mental health conditions and other health or medical
  1 27 conditions under the policy or contract.
  1 28    b.  Coverage required under this subsection shall be as
  1 29 follows:
  1 30    (1)  For the treatment of mental illness, coverage shall be
  1 31 for services provided by a licensed mental health professional
  1 32 or services provided in a licensed hospital or health
  1 33 facility.
  1 34    (2)  For the treatment of alcohol or substance abuse,
  1 35 coverage shall be for services provided by a substance abuse
  2  1 counselor, as approved by the department of human services; a
  2  2 licensed health facility providing a program for the treatment
  2  3 of alcohol or substance abuse approved by the department of
  2  4 human services; or a substance abuse treatment and
  2  5 rehabilitation facility, as licensed by the department of
  2  6 public health pursuant to chapter 125.
  2  7    3.  This section applies to the following classes of third=
  2  8 party payment provider contracts or policies delivered, issued
  2  9 for delivery, continued, or renewed in this state on or after
  2 10 January 1, 2008:
  2 11    a.  Individual or group accident and sickness insurance
  2 12 providing coverage on an expense=incurred basis.
  2 13    b.  An individual or group hospital or medical service
  2 14 contract issued pursuant to chapter 509, 514, or 514A.
  2 15    c.  A plan established pursuant to chapter 509A for public
  2 16 employees.
  2 17    d.  An individual or group health maintenance organization
  2 18 contract regulated under chapter 514B.
  2 19    e.  An individual or group Medicare supplemental policy,
  2 20 unless coverage pursuant to such policy is preempted by
  2 21 federal law.
  2 22    f.  Any other entity engaged in the business of insurance,
  2 23 risk transfer, or risk retention, which is subject to the
  2 24 jurisdiction of the commissioner.
  2 25    g.  An organized delivery system licensed by the director
  2 26 of public health.
  2 27    4.  The commissioner shall adopt rules to administer this
  2 28 section after consultation with the mental health insurance
  2 29 advisory committee.
  2 30    a.  The commissioner shall appoint members to a mental
  2 31 health insurance advisory committee.  Members shall include
  2 32 all sectors of society impacted by issues associated with
  2 33 coverage of mental health treatment by third=party payors
  2 34 including but not limited to representatives of the insurance
  2 35 industry, small and large employers, employee representatives
  3  1 including labor, individual consumers, health care providers,
  3  2 and other groups and individuals that may be identified by the
  3  3 insurance division of the department of commerce.
  3  4    b.  The committee shall meet upon the request of the
  3  5 commissioner to review rules proposed under this section by
  3  6 the commissioner, and to make suggestions as appropriate.
  3  7    Sec. 2.  Section 514C.22, Code 2007, is repealed effective
  3  8 January 1, 2008.
  3  9                           EXPLANATION
  3 10    This bill creates new Code section 514C.23 and provides
  3 11 that a policy or contract providing for third=party payment or
  3 12 prepayment of health or medical expenses must provide coverage
  3 13 benefits for mental health conditions based on rates, terms,
  3 14 and conditions which are no more restrictive than the rates,
  3 15 terms, and conditions associated with coverage benefits
  3 16 provided for other conditions under the policy or contract.
  3 17 Mental health conditions are defined to mean a condition or
  3 18 disorder involving mental illness or alcohol or substance
  3 19 abuse that falls under any of the diagnostic categories listed
  3 20 in the mental disorders section of the international
  3 21 classification of disease, as periodically updated.
  3 22    The bill also requires the insurance commissioner to adopt
  3 23 rules to administer the new Code section, after consultation
  3 24 with the new mental health insurance advisory committee, whose
  3 25 members are appointed by the commissioner from business,
  3 26 consumer, and health groups.
  3 27    Code section 514C.22, which currently mandates coverage for
  3 28 certain biologically based mental illnesses is repealed
  3 29 effective January 1, 2008.
  3 30 LSB 1682HH 82
  3 31 av:nh/es/88