Florida Senate - 2009                              CS for SB 354
       
       
       
       By the Committee on Banking and Insurance; and Senator Crist
       
       
       
       
       597-02956-09                                           2009354c1
    1                        A bill to be entitled                      
    2         An act relating to coverage for mental and nervous
    3         disorders; amending s. 627.668, F.S.; revising
    4         requirements and limitations for optional coverage for
    5         mental and nervous disorders; specifying
    6         nonapplication under certain circumstances; amending
    7         s. 627.6675, F.S.; conforming a cross-reference;
    8         repealing s. 627.669, F.S., relating to optional
    9         coverage required for substance abuse impaired
   10         persons; providing for application; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 627.668, Florida Statutes, is amended to
   16  read:
   17         627.668 Optional coverage for mental and nervous disorders
   18  required; exception.—
   19         (1) Every insurer, health maintenance organization, and
   20  nonprofit hospital and medical service plan corporation
   21  transacting group health insurance or providing prepaid health
   22  care in this state shall make available to the policyholder as
   23  part of the application, for an appropriate additional premium
   24  under a group hospital and medical expense-incurred insurance
   25  policy, under a group prepaid health care contract, and under a
   26  group hospital and medical service plan contract, the benefits
   27  or level of benefits specified in subsections subsection (2) and
   28  (3) for the necessary care and treatment of mental and nervous
   29  disorders, as defined in the most recent edition of the
   30  Diagnostic and Statistical Manual of Mental Disorders published
   31  by standard nomenclature of the American Psychiatric
   32  Association, subject to the right of the applicant for a group
   33  policy or contract to select any alternative benefits or level
   34  of benefits as may be offered by the insurer, health maintenance
   35  organization, or service plan corporation, provided that, if
   36  alternate inpatient, outpatient, or partial hospitalization
   37  benefits are selected, such benefits shall not be less than the
   38  level of benefits required under subsections (2) and (3)
   39  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c),
   40  respectively. With respect to the state group insurance program,
   41  the term “policyholder” means the State of Florida.
   42         (2)Under group policies or contracts, inpatient hospital
   43  benefits, partial hospitalization benefits, and outpatient
   44  benefits consisting of durational limits, dollar amounts,
   45  deductibles, and coinsurance factors shall not be less favorable
   46  than for physical illness generally for the necessary care and
   47  treatment of schizophrenia and psychotic disorders, mood
   48  disorders, anxiety disorders, substance abuse disorders, eating
   49  disorders, and childhood ADD/ADHD.
   50         (3)(2) Under group policies or contracts, inpatient
   51  hospital benefits, partial hospitalization benefits, and
   52  outpatient benefits for mental health disorders not listed in
   53  subsection (2) consisting of durational limits, dollar amounts,
   54  deductibles, and coinsurance factors shall not be less favorable
   55  than for physical illness generally, except that:
   56         (a) Inpatient benefits may be limited to not less than 45
   57  30 days per benefit year as defined in the policy or contract.
   58  If inpatient hospital benefits are provided beyond 45 30 days
   59  per benefit year, the durational limits, dollar amounts, and
   60  coinsurance factors thereto need not be the same as applicable
   61  to physical illness generally.
   62         (b) Outpatient benefits may be limited to 60 visits per
   63  benefit year $1,000 for consultations with a licensed physician,
   64  a psychologist licensed pursuant to chapter 490, a mental health
   65  counselor licensed pursuant to chapter 491, a marriage and
   66  family therapist licensed pursuant to chapter 491, and a
   67  clinical social worker licensed pursuant to chapter 491. If
   68  benefits are provided beyond the 60 visits $1,000 per benefit
   69  year, the durational limits, dollar amounts, and coinsurance
   70  factors thereof need not be the same as applicable to physical
   71  illness generally.
   72         (c) Partial hospitalization benefits shall be provided
   73  under the direction of a licensed physician. For purposes of
   74  this part, the term “partial hospitalization services” is
   75  defined as those services offered by a program accredited by the
   76  Joint Commission on Accreditation of Hospitals (JCAH) or in
   77  compliance with equivalent standards. Alcohol rehabilitation
   78  programs accredited by the Joint Commission on Accreditation of
   79  Hospitals or approved by the state and licensed drug abuse
   80  rehabilitation programs shall also be qualified providers under
   81  this section. In any benefit year, if partial hospitalization
   82  services or a combination of inpatient and partial
   83  hospitalization are utilized, the total benefits paid for all
   84  such services shall not exceed the cost of 45 30 days of
   85  inpatient hospitalization for psychiatric services, including
   86  physician fees, which prevail in the community in which the
   87  partial hospitalization services are rendered. If partial
   88  hospitalization services benefits are provided beyond the limits
   89  set forth in this paragraph, the durational limits, dollar
   90  amounts, and coinsurance factors thereof need not be the same as
   91  those applicable to physical illness generally.
   92         (4)In providing the benefits under this section, the
   93  insurer or health maintenance organization may impose
   94  appropriate financial incentives, peer review, utilization
   95  requirements, and other methods used for the management of
   96  benefits provided for other medical conditions in order to
   97  reduce service costs and utilization without compromising
   98  quality of care.
   99         (5)(3) Insurers must maintain strict confidentiality
  100  regarding psychiatric and psychotherapeutic records submitted to
  101  an insurer for the purpose of reviewing a claim for benefits
  102  payable under this section. These records submitted to an
  103  insurer are subject to the limitations of s. 456.057, relating
  104  to the furnishing of patient records.
  105         (6)This section does not apply with respect to a group
  106  health plan, or health insurance coverage offered in connection
  107  with a group health plan, if the application of this section to
  108  such plan or coverage has caused an increase in the costs under
  109  the plan or for such coverage of more than 2 percent, as
  110  determined and certified by an independent actuary to the Office
  111  of Insurance Regulation.
  112         Section 2. Paragraph (b) of subsection (8) of section
  113  627.6675, Florida Statutes, is amended to read:
  114         627.6675 Conversion on termination of eligibility.—Subject
  115  to all of the provisions of this section, a group policy
  116  delivered or issued for delivery in this state by an insurer or
  117  nonprofit health care services plan that provides, on an
  118  expense-incurred basis, hospital, surgical, or major medical
  119  expense insurance, or any combination of these coverages, shall
  120  provide that an employee or member whose insurance under the
  121  group policy has been terminated for any reason, including
  122  discontinuance of the group policy in its entirety or with
  123  respect to an insured class, and who has been continuously
  124  insured under the group policy, and under any group policy
  125  providing similar benefits that the terminated group policy
  126  replaced, for at least 3 months immediately prior to
  127  termination, shall be entitled to have issued to him or her by
  128  the insurer a policy or certificate of health insurance,
  129  referred to in this section as a “converted policy.” A group
  130  insurer may meet the requirements of this section by contracting
  131  with another insurer, authorized in this state, to issue an
  132  individual converted policy, which policy has been approved by
  133  the office under s. 627.410. An employee or member shall not be
  134  entitled to a converted policy if termination of his or her
  135  insurance under the group policy occurred because he or she
  136  failed to pay any required contribution, or because any
  137  discontinued group coverage was replaced by similar group
  138  coverage within 31 days after discontinuance.
  139         (8) BENEFITS OFFERED.—
  140         (b) An insurer shall offer the benefits specified in s.
  141  627.668 and the benefits specified in s. 627.669 if those
  142  benefits were provided in the group plan.
  143         Section 3. Section 627.669, Florida Statutes, is repealed.
  144         Section 4. This act shall take effect January 1, 2010, and
  145  applies to policies and contracts issued or renewed on or after
  146  that date.