House Bill 0399

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    Florida House of Representatives - 1999                 HB 399

        By Representative Frankel






  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; exempting group health plans or

13         coverage for a small employer, as defined;

14         providing a definition; authorizing an insurer

15         to require services to be provided by an

16         exclusive provider of care; authorizing an

17         insurer to enter into a capitation contract

18         with an exclusive provider of care to provide

19         benefits; providing exemption for coverage;

20         amending ss. 627.6472, 627.6515, and 641.31,

21         F.S., relating to exclusive provider

22         organizations, out-of-state groups, and health

23         maintenance contracts; providing requirements

24         for coverage compliance; providing an

25         appropriation; providing a description of state

26         interest; providing an effective date.

27

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

29

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

31  Mental Illness Insurance Parity Act."

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    Florida House of Representatives - 1999                 HB 399

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  1         Section 2.  Section 627.668, Florida Statutes, 1998

  2  Supplement, is 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. 627.6681. 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

31

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    Florida House of Representatives - 1999                 HB 399

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  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 House of Representatives - 1999                 HB 399

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  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. 455.667, 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.

29         (2)  Under group policies or contracts, inpatient

30  hospital benefits, partial hospitalization benefits, and

31  outpatient benefits consisting of durational limits, dollar

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    Florida House of Representatives - 1999                 HB 399

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

  2  for serious mental illness as for physical illness generally.

  3  Notwithstanding the provisions of this subsection, an insurer

  4  or health maintenance organization may limit inpatient

  5  coverage to 45 days per year and may limit outpatient coverage

  6  to 60 visits per year.

  7         (3)  This section does not apply to any group health

  8  plan, or group health insurance covered in connection with a

  9  group health plan, for any plan year of a small employer as

10  defined in s. 627.6699.

11         (4)  As used in this section, the term "serious mental

12  illness" means the following psychiatric illnesses as defined

13  by the American Psychiatric Association in the most current

14  edition of the Diagnostic and Statistical Manual:

15  schizophrenia, schizoaffective disorder, panic disorder,

16  bipolar affective disorder, major depressive disorder, and

17  specific obsessive-compulsive disorder.

18         (5)  Notwithstanding other provisions of this section,

19  chapter 641, s. 627.6471, or s. 627.6472, an insurer or health

20  maintenance organization may require that the covered services

21  required by this section be provided by an exclusive provider

22  of health care, or a group of exclusive providers of health

23  care, which has entered into a written agreement with the

24  insurer or health maintenance organization to provide benefits

25  under this section. The insurer or health maintenance

26  organization may condition the payment of such benefits, in

27  whole or in part, on the use of such exclusive providers.

28         (6)  The insurer or health maintenance organization may

29  directly or indirectly enter into a capitation contract with

30  an exclusive provider of health care or a group of exclusive

31  providers of health care to provide benefits under this

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  1  section. In providing the benefits under this section, the

  2  insurer or health maintenance organization may impose other

  3  appropriate financial incentives, peer review, and utilization

  4  requirements to reduce service costs and utilization without

  5  compromising quality of care.

  6         (7)  This section does not apply with respect to a

  7  group health plan, or health insurance coverage offered in

  8  connection with a group health plan, if the application of

  9  this section to such plan or coverage results in an increase

10  in the cost under the plan or for such coverage of at least 2

11  percent, as determined by the department upon a filing by an

12  insurer or health maintenance organization demonstrating such

13  an increase based on actual claims experience of at least 6

14  months.

15         Section 4.  Subsection (18) is added to section

16  627.6472, Florida Statutes, 1998 Supplement, to read:

17         627.6472  Exclusive provider organizations.--

18         (18)  Each exclusive provider organization that offers

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

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

21  627.6515, Florida Statutes, 1998 Supplement, to read:

22         627.6515  Out-of-state groups.--

23         (9)  Each group, blanket, and franchise health

24  insurance policy that offers a group plan within this state

25  must comply with s. 627.6681.

26         Section 6.  Subsection (36) is added to section 641.31,

27  Florida Statutes, 1998 Supplement, to read:

28         641.31  Health maintenance contracts.--

29         (36)  Each group health maintenance organization

30  contract offered must comply with s. 627.6681.

31

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    Florida House of Representatives - 1999                 HB 399

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  1         Section 7.  There is appropriated to the Department of

  2  Insurance from the Insurance Commissioner's Regulatory Trust

  3  Fund for fiscal year 1999-2000 one full-time equivalent

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

  5         Section 8.  The provisions of this act fulfill an

  6  important state interest in that they promote the relief and

  7  alleviation of health or medical problems that affect

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

  9  requiring insurance coverage, will facilitate closer scrutiny

10  of the treatment of these conditions, resulting in more

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

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

13  act will reduce total costs of medical plans under which

14  treatment is provided for these conditions, thereby reducing

15  public medical assistance benefits as well as expenditures for

16  persons covered under all medical plans.

17         Section 9.  This act shall take effect January 1, 2000,

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

19  state on or after such date.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Creates the "Dianne Steele Mental Illness Insurance
24    Parity Act." Provides that the current requirement for
      group insurers to offer coverage for mental health
25    conditions does not apply to serious mental illness.
      Requires group health insurers and health maintenance
26    organizations to provide coverage for serious mental
      illness and requires benefits to be the same as for
27    physical illness generally.  Exempts group health plans
      or coverage for a small employer.  Authorizes an insurer
28    to require services to be provided by an exclusive
      provider of care and authorizes an insurer to enter into
29    a capitation contract with an exclusive provider of care
      to provide benefits. Provides coverage requirements for
30    exclusive provider organizations, out-of-state groups,
      and health maintenance organizations. See bill for
31    details.

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