Senate Bill No. 507

(By Senator Blatnik)

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[Introduced February 21, 1994; referred to the Committee
on Banking and Insurance.]

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A BILL to amend and reenact chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article sixteen-f, relating to insurance coverage for serious mental illness.

Be it enacted by the Legislature of West Virginia:
That chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted by adding thereto a new article, designated article sixteen-f, to read as follows:
CHAPTER 33. INSURANCE.

ARTICLE 16F. INSURANCE COVERAGE FOR SERIOUS MENTAL ILLNESS

§33-16F-1. Mental illness coverage.

Every health care insurer shall provide coverage for the medical treatment of serious mental illness under the same terms and conditions as such coverage is provided for other illnesses and diseases. Insurance coverage offered pursuant to this articleshall include the same durational limits, amount limits, deductibles and coinsurance factors for serious mental illness as for other illnesses and diseases.
§33-16F-2. Definitions.

For the purposes of this chapter, the following words and terms shall have the following meanings:
(a) "Health insurers" means all persons, firms, corporations or other organizations offering and assuring health services on a prepaid or primarily expense-incurred basis, including but not limited to policies of accident or sickness insurance, as defined in section ten, article one of this chapter, nonprofit hospital or medical service plans, whether organized under the provisions of this chapter or under any other law, health maintenance organizations, or any other entity which insures or reimburses for diagnostic, therapeutic, or preventive services to a determined population on the basis of a periodic premium, except for supplemental policies which only provide coverage for specified diseases.
(b) "Serious mental illness" means any mental disorder that current medical science attributes to a biological disorder of the brain and that substantially limits the life activities of the person with the illness. The term includes, but is not limited to:
(1) Schizophrenia;
(2) Schizoaffective disorder;
(3) Delusional disorder;
(4) Bipolar affective disorders;
(5) Major depression; or
(6) Obsessive compulsive behavior;
(c) "Medical coverage" means inpatient hospitalization and outpatient medication visits.
§33-16F-3. Medical necessity and appropriateness of treatment.

Upon request of the reimbursing health insurers, all providers of treatment of serious mental illness shall furnish medical records or other necessary data which substantiates that initial or continued treatment is at all times medically necessary and appropriate. When the provider cannot establish the medical necessity or appropriateness of the treatment modality being provided, neither the health insurer nor the patient shall be obligated to reimburse or pay for any type of care that was dispensed in the period in which medical necessity or appropriateness of treatment was not established: Provided, That this exception to reimbursement or payment may only be applicable if the patient has been informed of such exception and has agreed in writing to continue to receive treatment at his or her own expense.
Any health insurer regulated by the provisions of this chapter shall, when making a determination of medical necessity or appropriateness in treatment, make such determination in a manner consistent with other determinations for the treatment of other illnesses or diseases or injuries covered under the same health insurance policy or agreement.
§33-16F-4. Limitations of coverage.

The health care benefits outlined in this article apply only to services delivered within this state.
Inpatient coverage in cases where continuous hospitalization is medically necessary shall be limited to ninety consecutive days.



NOTE: The purpose of this bill is to require insurance coverage for medical treatment of serious mental illness.

This article is new; therefore, strike-throughs and underscoring have been omitted.