Senate Bill 0268

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                                   SB 268

    By Senators Grant, Myers, Latvala and Forman





    13-159-98                                            See HB 41

  1                      A bill to be entitled

  2         An act relating to health insurance; providing

  3         a short title; amending s. 627.668, F.S.;

  4         providing that the current requirement for

  5         group insurers to offer coverage for mental

  6         health conditions does not apply to serious

  7         mental illness; creating s. 627.6681, F.S.;

  8         requiring group health insurers and health

  9         maintenance organizations to provide coverage

10         for serious mental illness; requiring benefits

11         to be the same as for physical illness

12         generally; requiring the health benefit plan

13         committee to consider and recommend

14         modifications to standard, basic, and limited

15         health benefit plans; providing a definition;

16         providing authority for certain manuals to be

17         updated by rule; authorizing an insurer to

18         establish certain compliance functions;

19         amending ss. 627.6472, 627.6515, 641.31, F.S.,

20         relating to exclusive provider organizations,

21         out-of-state groups, and health maintenance

22         contracts; providing requirements for coverage

23         compliance; providing an appropriation;

24         providing a description of state interest;

25         providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  This act may be cited as the "Dianne Steele

30  Mental Illness Insurance Parity Act."

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 268
    13-159-98                                            See HB 41




  1         Section 2.  Section 627.668, Florida Statutes, is

  2  amended to read:

  3         627.668  Optional coverage for mental and nervous

  4  disorders required; exception.--

  5         (1)  Every insurer, health maintenance organization,

  6  and nonprofit hospital and medical service plan corporation

  7  transacting group health insurance or providing prepaid health

  8  care in this state shall make available to the policyholder as

  9  part of the application, for an appropriate additional premium

10  under a group hospital and medical expense-incurred insurance

11  policy, under a group prepaid health care contract, and under

12  a group hospital and medical service plan contract, the

13  benefits or level of benefits specified in subsection (2) for

14  the necessary care and treatment of mental and nervous

15  disorders, as defined in the standard nomenclature of the

16  American Psychiatric Association, except that this section

17  does not apply to coverage for serious mental illness as

18  defined in s. 627.881. The coverage required in this section

19  is subject to the right of the applicant for a group policy or

20  contract to select any alternative benefits or level of

21  benefits as may be offered by the insurer, health maintenance

22  organization, or service plan corporation provided that, if

23  alternate inpatient, outpatient, or partial hospitalization

24  benefits are selected, such benefits shall not be less than

25  the level of benefits required under paragraph (2)(a),

26  paragraph (2)(b), or paragraph (2)(c), respectively.

27         (2)  Under group policies or contracts, inpatient

28  hospital benefits, partial hospitalization benefits, and

29  outpatient benefits provided under this section, consisting of

30  durational limits, dollar amounts, deductibles, and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 268
    13-159-98                                            See HB 41




  1  coinsurance factors must shall not be less favorable than for

  2  physical illness generally, except that:

  3         (a)  Inpatient benefits may be limited to not less than

  4  30 days per benefit year as defined in the policy or contract.

  5  If inpatient hospital benefits are provided beyond 30 days per

  6  benefit year, the durational limits, dollar amounts, and

  7  coinsurance factors thereto need not be the same as applicable

  8  to physical illness generally.

  9         (b)  Outpatient benefits may be limited to $1,000 for

10  consultations with a licensed physician, a psychologist

11  licensed pursuant to chapter 490, a mental health counselor

12  licensed pursuant to chapter 491, a marriage and family

13  therapist licensed pursuant to chapter 491, and a clinical

14  social worker licensed pursuant to chapter 491.  If benefits

15  are provided beyond the $1,000 per benefit year, the

16  durational limits, dollar amounts, and coinsurance factors

17  thereof need not be the same as applicable to physical illness

18  generally.

19         (c)  Partial hospitalization benefits shall be provided

20  under the direction of a licensed physician.  For purposes of

21  this part, the term "partial hospitalization services" is

22  defined as those services offered by a program accredited by

23  the Joint Commission on Accreditation of Hospitals (JCAH) or

24  in compliance with equivalent standards.  Alcohol

25  rehabilitation programs accredited by the Joint Commission on

26  Accreditation of Hospitals or approved by the state and

27  licensed drug abuse rehabilitation programs shall also be

28  qualified providers under this section.  In any benefit year,

29  if partial hospitalization services or a combination of

30  inpatient and partial hospitalization are utilized, the total

31  benefits paid for all such services shall not exceed the cost

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    Florida Senate - 1998                                   SB 268
    13-159-98                                            See HB 41




  1  of 30 days of inpatient hospitalization for psychiatric

  2  services, including physician fees, which prevail in the

  3  community in which the partial hospitalization services are

  4  rendered.  If partial hospitalization services benefits are

  5  provided beyond the limits set forth in this paragraph, the

  6  durational limits, dollar amounts, and coinsurance factors

  7  thereof need not be the same as those applicable to physical

  8  illness generally.

  9         (3)  Insurers that provide coverage under this section

10  and s. 627.6681 must maintain strict confidentiality regarding

11  psychiatric and psychotherapeutic records submitted to an

12  insurer for the purpose of reviewing a claim for benefits

13  payable under this section.  These records submitted to an

14  insurer are subject to the limitations of s. 455.241, relating

15  to the furnishing of patient records.

16         Section 3.  Section 627.6681, Florida Statutes, is

17  created to read:

18         627.6681  Coverage for serious mental illness

19  required.--

20         (1)  Every insurer and health maintenance organization

21  transacting group health insurance or providing prepaid health

22  care in this state shall provide as part of such insurance or

23  health care under a group hospital and medical

24  expense-incurred insurance policy, under a group prepaid

25  health care contract, or under a group health maintenance

26  organization contract, coverage for the treatment of serious

27  mental illness, which treatment is determined to be medically

28  necessary. When a diagnosis of serious mental illness is

29  accompanied by a diagnosis of substance abuse, treatment for

30  the patient who is dually diagnosed must include, but is not

31  limited to, treatment for substance abuse.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 268
    13-159-98                                            See HB 41




  1         (2)  Under group policies or contracts, inpatient

  2  hospital benefits, partial hospitalization benefits, and

  3  outpatient benefits consisting of durational limits, dollar

  4  amounts, deductibles, and coinsurance factors must be the same

  5  for serious mental illness as for physical illness generally.

  6         (3)  The standard, basic, and limited health benefit

  7  plan committee, appointed in the manner provided in s.

  8  627.6699(12)(a)1., shall consider the modification of the

  9  standard, basic, and limited health benefit plans developed

10  under s. 627.6699(12) to include coverage for serious mental

11  illness as prescribed in this section. The committee shall

12  submit any recommended modifications to the department for

13  approval.

14         (4)(a)  As used in this section, the term "serious

15  mental illness" means any mental illness that is recognized in

16  the edition of relevant manuals of the American Psychiatric

17  Association or by the International Classification of Diseases

18  in effect on October 1, 1998, and affirmed by medical science

19  as caused by biological disorder of the brain, and that

20  substantially limits the life activities of the patient.  The

21  term includes schizophrenia, autism, schizoaffective

22  disorders, anxiety and panic disorders, bipolar affective

23  disorders, major depression, and obsessive-compulsive

24  disorder.

25         (b)  The department may adopt by rule a subsequent

26  edition of the manuals cited in paragraph (a) if a subsequent

27  edition is substantially similar to the edition in effect on

28  October 1, 1998.

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30  An insurer may require that an insured who seeks covered

31  services for a serious mental illness be referred for such

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    Florida Senate - 1998                                   SB 268
    13-159-98                                            See HB 41




  1  services by a designated health care provider responsible for

  2  coordinating the serious mental illness treatment of the

  3  insurer's subscribers.

  4         Section 4.  Subsection (17) is added to section

  5  627.6472, Florida Statutes, to read:

  6         627.6472  Exclusive provider organizations.--

  7         (17)  Each exclusive provider organization that offers

  8  a group plan within this state must comply with s. 627.6681.

  9         Section 5.  Subsection (8) is added to section

10  627.6515, Florida Statutes, to read:

11         627.6515  Out-of-state groups.--

12         (8)  Each group, blanket, and franchise health

13  insurance policy that offers a group plan within this state

14  must comply with s. 627.6681.

15         Section 6.  Subsection (34) is added to section 641.31,

16  Florida Statutes, to read:

17         641.31  Health maintenance contracts.--

18         (34)  Each health maintenance organization that offers

19  a group plan within this state must comply with s. 627.6681.

20         Section 7.  There is appropriated to the Department of

21  Insurance from the Insurance Commissioner's Regulatory Trust

22  Fund for fiscal year 1998-1999 one full-time equivalent

23  position and $38,288 to implement the provisions of this act.

24         Section 8.  The provisions of this act fulfill an

25  important state interest in that they promote the relief and

26  alleviation of health or medical problems that affect

27  significant portions of the state's population.  The act, in

28  requiring insurance coverage, will facilitate closer scrutiny

29  of the treatment of these conditions, resulting in more

30  cost-efficient and effective treatment of such conditions.  By

31  improving the overall level and quality of health care, the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 268
    13-159-98                                            See HB 41




  1  act will reduce total costs of medical plans under which

  2  treatment is provided for these conditions, thereby reducing

  3  public medical assistance benefits as well as expenditures for

  4  persons covered under all medical plans.

  5         Section 9.  This act shall take effect October 1, 1998,

  6  and applies to any policy issued, written, or renewed in this

  7  state on or after such date.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Creates the "Dianne Steele Mental Illness Insurance
      Parity Act." Provides that the current requirement for
12    group insurers to offer coverage for mental health
      conditions does not apply to serious mental illness.
13    Requires group health insurers and health maintenance
      organizations to provide coverage for serious mental
14    illness. Requires benefits to be the same as for physical
      illness, generally. Requires the health benefit plan
15    committee to consider and recommend modifications to
      standard, basic, and limited health-benefit plans.
16    Defines the term "serious mental illness." Provides
      authority for certain manuals to be updated by rule.
17    Authorizes an insurer to establish certain compliance
      functions. Provides requirements for coverage compliance
18    which apply to exclusive provider organizations, to
      out-of-state groups, and to health maintenance contracts.
19    Provides an appropriation. Provides a statement
      justifying state interest in the provisions of this act.
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