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House Bill 0041e2

HB 41, Second Engrossed/ntc 1 A bill to be entitled 2 An act relating to health insurance; providing 3 a short title; providing application; amending 4 s. 627.668, F.S.; providing that the current 5 requirement for group insurers to offer 6 coverage for mental health conditions does not 7 apply to serious mental illness; creating s. 8 627.6681, F.S.; requiring group health insurers 9 and health maintenance organizations to provide 10 coverage for serious mental illness; requiring 11 benefits 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; requiring rate filings; 16 providing a definition; providing rulemaking 17 authority; authorizing an insurer to establish 18 certain compliance functions; amending ss. 19 627.6472, 627.6515, 641.31, F.S., relating to 20 exclusive provider organizations, out-of-state 21 groups, and health maintenance contracts; 22 providing requirements for coverage compliance; 23 providing an appropriation; providing a 24 description of state interest; providing an 25 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." 31 1 CODING: Words stricken are deletions; words underlined are additions. HB 41, Second Engrossed/ntc 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 this section shall 17 not apply to coverage for serious mental illness as defined in 18 s. 627.6681. The coverage required in this section shall be 19 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 pursuant to this section, 30 consisting of durational limits, dollar amounts, deductibles, 31 2 CODING: Words stricken are deletions; words underlined are additions. HB 41, Second Engrossed/ntc 1 and coinsurance factors 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 3 CODING: Words stricken are deletions; words underlined are additions. HB 41, Second Engrossed/ntc 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 providing coverage pursuant to this 10 section and s. 627.6681 must maintain strict confidentiality 11 regarding psychiatric and psychotherapeutic records submitted 12 to an insurer for the purpose of reviewing a claim for 13 benefits payable under this section. These records submitted 14 to an insurer are subject to the limitations of s. 455.241, 15 relating 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 substance abuse, treatment for the patient who 30 is dually diagnosed shall include, but not be limited to, 31 treatment for substance abuse. 4 CODING: Words stricken are deletions; words underlined are additions. HB 41, Second Engrossed/ntc 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 shall be the 5 same for serious mental illness as for physical illness 6 generally. 7 (3) The standard, basic, and limited health benefit 8 plan committee, duly appointed in the manner provided in s. 9 627.6699(12)(a)1., shall consider the modification of the 10 standard, basic, and limited health benefit plans developed 11 pursuant to s. 627.6699(12) to include coverage for serious 12 mental illness as prescribed in this section. The committee 13 shall submit any recommended modifications to the department 14 for approval. 15 (4) With respect to providing the coverage required 16 under this section, the insurer or health maintenance 17 organization must file a rate factor that sets forth in detail 18 in any rate filing under s. 627.410 the portion of any 19 increase in rates which is attributable to the coverage. If 20 the factor indicates an increase that exceeds 2.5 percent, the 21 insurer or health maintenance organization may adjust the 22 deductibles, coinsurance, or limits that apply to coverage 23 required under this section to limit the percentage increase 24 to 2.5 percent with respect to any one calendar year and shall 25 demonstrate this adjustment in the filing. 26 (5)(a) As used in this section, the term "serious 27 mental illness" means any mental illness that is recognized in 28 the edition of relevant manuals of the American Psychiatric 29 Association or by the International Classification of Diseases 30 in effect on October 1, 1997, and affirmed by medical science 31 as caused by biological disorder of the brain, and that 5 CODING: Words stricken are deletions; words underlined are additions. HB 41, Second Engrossed/ntc 1 substantially limits the life activities of the patient. The 2 term includes schizophrenia, autism, schizoaffective 3 disorders, anxiety and panic disorders, bipolar affective 4 disorders, major depression, and obsessive compulsive 5 disorder. 6 (b) The department may adopt by rule a subsequent 7 edition of the manuals cited in paragraph (a) if a subsequent 8 edition is substantially similar to the edition in effect on 9 October 1, 1997. The department may adopt rules to implement 10 this section, including specifications for ratemaking and 11 information for calculating rates necessary to determine 12 compliance with ss. 627.410, 627.411, and 627.6681. 13 14 An insurer may require that an insured who seeks covered 15 services for a serious mental illness be referred for such 16 services by a designated health care provider responsible for 17 coordinating the serious mental illness treatment of the 18 insurer's subscribers. 19 Section 4. Subsection (16) is added to section 20 627.6472, Florida Statutes, 1996 Supplement, to read: 21 627.6472 Exclusive provider organizations.-- 22 (16) Each exclusive provider organization that offers 23 a group plan within this state must comply with s. 627.6681. 24 Section 5. Subsection (8) is added to section 25 627.6515, Florida Statutes, 1996 Supplement, to read: 26 627.6515 Out-of-state groups.-- 27 (8) Each group, blanket, and franchise health 28 insurance policy that offers a group plan within this state 29 must comply with s. 627.6681. 30 Section 6. Subsection (29) is added to section 641.31, 31 Florida Statutes, 1996 Supplement, to read: 6 CODING: Words stricken are deletions; words underlined are additions. HB 41, Second Engrossed/ntc 1 641.31 Health maintenance contracts.-- 2 (29) Each health maintenance organization that offers 3 a group plan within this state must comply with s. 627.6681. 4 Section 7. There is hereby appropriated to the 5 Department of Insurance from the Insurance Commissioner's 6 Regulatory Trust Fund for fiscal year 1997-1998 one full-time 7 equivalent position and $38,288 to implement the provisions of 8 this act. 9 Section 8. The provisions of this bill fulfill an 10 important state interest in that they promote the relief and 11 alleviation of health or medical problems that affect 12 significant portions of the state's population. The bill, in 13 requiring insurance coverage, should facilitate closer 14 scrutiny of the treatment of these conditions, resulting in 15 more cost-efficient and effective treatment of such 16 conditions. By improving the overall level and quality of 17 health care, the bill will have the effect of reducing total 18 costs of medical plans under which treatment is provided for 19 these conditions, thereby reducing public medical assistance 20 benefits as well as outlays for persons covered under all 21 medical plans. 22 Section 9. This act shall take effect October 1, 1998, 23 and shall apply to any policy issued, written, or renewed in 24 this state on or after such date. 25 26 27 28 29 30 31 7