CS/HB 19

1
A bill to be entitled
2An act relating to optional coverage for mental and
3nervous disorders; amending s. 627.668, F.S.; revising
4requirements for optional coverage for mental and nervous
5disorders; revising certain benefits limitations; limiting
6applicability; providing a definition; permitting benefits
7to be provided by an exclusive provider or group of
8exclusive providers; permitting benefits to be provided
9through a contract with exclusive providers; providing for
10care management; providing an exemption; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Present subsection (3) of section 627.668,
16Florida Statutes, is renumbered as subsection (4), and a new
17subsection (3) is added to that section to read:
18     627.668  Optional coverage for mental and nervous disorders
19required; exception.--
20     (3)(a)  Every insurer and health maintenance organization
21transacting group health insurance or providing prepaid health
22care in this state shall make available to the policyholder, for
23an appropriate additional premium, as part of the application
24for a group hospital and medical expense-incurred insurance
25policy under a group prepaid health care contract or a group
26health maintenance organization contract, coverage for the
27treatment of serious mental illness, which treatment is
28determined to be medically necessary.
29     (b)  Under group policies or contracts, inpatient hospital
30benefits, partial hospitalization benefits, and outpatient
31benefits consisting of durational limits, dollar amounts,
32deductibles, and coinsurance factors must be the same for
33serious mental illness as for physical illness generally.
34Notwithstanding the provisions of this subsection, an insurer or
35health maintenance organization may limit inpatient coverage to
3645 days per year and may limit outpatient coverage to 60 visits
37per year.
38     (c)  This subsection does not apply to any group health
39plan or group health insurance covered in connection with a
40group health plan for any plan year of a small employer as
41defined in s. 627.6699.
42     (d)  As used in this subsection, the term "serious mental
43illness" means the following psychiatric illnesses as defined by
44the American Psychiatric Association in the most current edition
45of the Diagnostic and Statistical Manual of Mental Disorders:
46schizophrenia, schizoaffective disorder, panic disorder, bipolar
47affective disorder, major depressive disorder, and obsessive-
48compulsive disorder.
49     (e)  Notwithstanding other provisions of this section,
50chapter 641, s. 627.6471, or s. 627.6472, an insurer or health
51maintenance organization may require that the covered services
52required by this subsection be provided by an exclusive provider
53of health care or a group of exclusive providers of health care
54which has entered into a written agreement with the insurer or
55health maintenance organization to provide benefits under this
56subsection. The insurer or health maintenance organization may
57condition the payment of such benefits, in whole or in part, on
58the use of such exclusive providers.
59     (f)  The insurer or health maintenance organization may
60directly or indirectly enter into a contract with an exclusive
61provider of health care or a group of exclusive providers of
62health care to provide benefits under this subsection. In
63providing benefits under this subsection, the insurer or health
64maintenance organization may impose other appropriate financial
65incentives, peer review, utilization requirements, and other
66methods used for the management of benefits provided for other
67medical conditions or by management methods unique to mental
68health benefits to reduce service costs and utilization without
69compromising quality of care.
70     (g)  This subsection does not apply with respect to a group
71health plan or health insurance coverage offered in connection
72with a group health plan if the application of this subsection
73to such plan or coverage results in an increase in the cost
74under the plan or for such coverage of at least 2 percent, as
75determined and certified by an insurer's or health maintenance
76organization's actuary.
77     Section 2.  This act shall take effect July 1, 2008.


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