
H. B. 2986


(By Delegates Fleischauer and Compton)


[Introduced February 26, 1999; referred to the


Committee on Banking and Insurance then Government


Organization.]
A BILL to amend 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
forty-two-a, relating to requiring insurance coverage by
health care insurers for 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 by
adding thereto a new article, designated article forty-two-a, to
read as follows:
ARTICLE 42A. INSURANCE COVERAGE FOR MENTAL ILLNESS.
§33-42A-1. Coverage for mental illness required.
Every health care insurer shall provide coverage for the
medical treatment of mental illness under the same terms and
conditions as coverage is provided for other illnesses and
diseases. Insurance coverage offered pursuant to this statute shall include the same durational limits such as day or visit
limits, amount limits such as lifetime or annual dollar limits,
deductibles, out-of-pocket limits, and coinsurance factors for
mental illness as for other illnesses and diseases.
§33-42A-2. Definitions.
(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 this chapter; nonprofit hospital or medical service
plans, whether organized under this chapter or under any public
law or by special act of the Legislature; health maintenance
organizations, or any other entity which insures or reimburses
for diagnostic, therapeutic or preventative services to a
determined population on the basis of a periodic premium, except
for supplemental policies which only provide coverage for
specified diseases.
(b) "Mental illness" means any mental or emotional disorder,
including drug or alcohol abuse.
(c) "Medical treatment" means inpatient hospitalization,
partial hospitalization and outpatient visits.
(d) "Practitioner" means a licensed mental health
professional.
§33-42A-3. Confidentiality.
Data or information pertaining to the diagnosis, treatment
or health of a patient obtained from the patient or from a
practitioner is confidential and shall not be disclosed to any
person except:
(a) To the extent that it may be necessary to carry out the
purposes of this legislation and as allowed by state law;
(b) Upon the express written consent of the patient;
(c) Pursuant to statute or court order for the production of
evidence or the discovery thereof; or
(d) In the event of a claim or litigation between the
patient and the health insurer where the data or information is
pertinent, regardless of whether the information is in the form
of paper, preserved on microfilm, or stored in computer
retrievable form.
§33-42A-4. Medical necessity and appropriateness of treatment.
Upon request of the reimbursing health insurer, pursuant to
provisions of section three of this article, any practitioner of
treatment of mental illness shall furnish medical records and
other necessary data which substantiates that initial or
continued treatment is medically necessary and appropriate. When
the practitioner cannot so establish medical necessity or
appropriateness of the treatment modality provided, neither the
health insurer nor the patient shall be obligated to reimburse
for that period or type of care which is not so established. The practitioner shall inform the patient of the substance of this
section in advance of providing treatment. In the event the
patient is informed that medical necessity or appropriateness is
not established, the patient may agree in writing to continue
receiving treatment at his or her own expense. The health
insurer shall make determinations of medical necessity and
appropriateness in a manner consistent with that used to make the
determination for treatment of other diseases or injuries covered
under the health insurance policy or agreement. The benefits
under this section are required only for expenses arising for
treatment of mental illness, emotional disorders, drug abuse and
alcohol abuse which in the professional judgment of practitioners
is medically necessary and treatable.
NOTE: The purpose of this bill is to require insurance
coverage for the treatment of mental illness under the same terms
and conditions as such coverage is provided for other illnesses
and diseases.
This article is new; therefore, strike-throughs and
underscoring have been omitted.