House File 234 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN
                                           RESOURCES

                                       (SUCCESSOR TO HF 139)
                                       (SUCCESSOR TO HSB 6)


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

                                      A BILL FOR

  1 An Act requiring health insurance coverage for costs relating to
  2    mental health conditions, including alcohol or substance abuse
  3    treatment services.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1524HZ 83
  6 av/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  514C.24  EQUALITY IN HEALTH CARE
  1  2 COVERAGE AND VETERANS WELLNESS ACT.
  1  3    1.  This section shall be known and may be cited as the
  1  4 "Equality in Health Care Coverage and Veterans Wellness Act".
  1  5    2.  For purposes of this section, unless the context
  1  6 otherwise requires:
  1  7    a.  "Mental health condition" means a condition or disorder
  1  8 involving mental illness or alcohol or substance abuse as
  1  9 defined by the commissioner of insurance by rule, consistent
  1 10 with the diagnostic categories listed in the mental disorders
  1 11 section of the most recent version of the diagnostic and
  1 12 statistical manual of mental disorders.
  1 13    b.  "Rates, terms, and conditions" means any lifetime
  1 14 payment limits, deductibles, copayments, coinsurance, and any
  1 15 other cost=sharing requirements, out=of=pocket limits, visit
  1 16 limitations, and any other financial component of benefits
  1 17 coverage that affects the covered individual.
  1 18    3.  a.  Notwithstanding section 514C.6, a policy, contract,
  1 19 or plan providing for third=party payment or prepayment of
  1 20 health or medical expenses shall provide coverage benefits for
  1 21 mental health conditions based on rates, terms, and conditions
  1 22 which are no more restrictive than the rates, terms, and
  1 23 conditions for coverage benefits provided for other health or
  1 24 medical conditions under the policy, contract, or plan.
  1 25 Additionally, any rates, terms, and conditions involving
  1 26 deductibles, copayments, coinsurance, and any other
  1 27 cost=sharing requirements shall be cumulative for coverage of
  1 28 both mental health conditions and other health or medical
  1 29 conditions under the policy, contract, or plan.
  1 30    b.  Coverage required under this subsection shall be as
  1 31 follows:
  1 32    (1)  For the treatment of mental illness, coverage shall be
  1 33 for services provided by a licensed mental health
  1 34 professional, as defined in section 228.1, subsection 6, or
  1 35 services provided in a licensed hospital or health facility.
  2  1    (2)  For the treatment of alcohol or substance abuse,
  2  2 coverage shall be for services provided by a substance abuse
  2  3 treatment and rehabilitation facility, as licensed by the
  2  4 department of public health pursuant to chapter 125.
  2  5    4.  This section applies to the following classes of
  2  6 third=party payment provider policies, contracts, or plans
  2  7 delivered, issued for delivery, continued, or renewed in this
  2  8 state on or after January 1, 2010:
  2  9    a.  Individual or group accident and sickness insurance
  2 10 providing coverage on an expense=incurred basis.
  2 11    b.  An individual or group hospital or medical service
  2 12 contract issued pursuant to chapter 509, 514, or 514A.
  2 13    c.  A plan established pursuant to chapter 509A for public
  2 14 employees.
  2 15    d.  An individual or group health maintenance organization
  2 16 contract regulated under chapter 514B.
  2 17    e.  Any other entity engaged in the business of insurance,
  2 18 risk transfer, or risk retention, which is subject to the
  2 19 jurisdiction of the commissioner.
  2 20    f.  An organized delivery system licensed by the director
  2 21 of public health.
  2 22    5.  The division of mental health and disability services
  2 23 of the department of human services and the division of
  2 24 behavioral health of the department of public health shall
  2 25 coordinate with the Iowa department of veterans affairs to
  2 26 maximize access to mental health and substance abuse treatment
  2 27 for veterans.
  2 28    6.  This section shall not apply to accident=only,
  2 29 specified disease, short=term hospital or medical, hospital
  2 30 confinement indemnity, credit, dental, vision, Medicare
  2 31 supplement, long=term care, basic hospital and
  2 32 medical=surgical expense coverage as defined by the
  2 33 commissioner, disability income insurance coverage, coverage
  2 34 issued as a supplement to liability insurance, workers'
  2 35 compensation or similar insurance, or automobile medical
  3  1 payment insurance.
  3  2    Sec. 2.  Section 514C.22, Code 2009, is repealed effective
  3  3 January 1, 2010.
  3  4                           EXPLANATION
  3  5    This bill creates new Code section 514C.24 entitled the
  3  6 "Equality in Heath Care Coverage and Veterans Wellness Act"
  3  7 and provides that, effective January 1, 2010, a policy,
  3  8 contract, or plan providing for third=party payment or
  3  9 prepayment of health or medical expenses must provide coverage
  3 10 benefits for mental health conditions based on rates, terms,
  3 11 and conditions which are no more restrictive than the rates,
  3 12 terms, and conditions associated with coverage benefits
  3 13 provided for other conditions under the policy, contract, or
  3 14 plan.  "Mental health condition" means a condition or disorder
  3 15 involving mental illness or alcohol or substance abuse as
  3 16 defined by the commissioner of insurance, by rule, consistent
  3 17 with the diagnostic categories listed in the mental disorders
  3 18 section of the most recent version of the diagnostic and
  3 19 statistical manual of mental disorders.
  3 20    The bill also requires the division of mental health and
  3 21 disability services of the department of human services and
  3 22 the division of behavioral health of the department of public
  3 23 health to coordinate with the Iowa department of veterans
  3 24 affairs to maximize access to mental health and substance
  3 25 abuse treatment for veterans.
  3 26    Code section 514C.22, which currently mandates coverage for
  3 27 certain biologically based mental illnesses, is repealed
  3 28 effective January 1, 2010.
  3 29 LSB 1524HZ 83
  3 30 av/nh/8