Below is the relevant legislation related to parity that has been introduced during the current or recently adjourned legislative session. State parity legislation passed in any state since 2008 is usually designed to increase compliance with the federal law and to strengthen state laws.
Primary Focus: Compliance; Enforcement and Oversight; Access Title/Description: Mental Health omnibus bill Citation:SB 1523 Introduced: 2/3/2020 Sponsor: Sen. Brophy McGee Status: Enacted Summary: This law requires insurance companies to comply with the Mental Health Parity and Addiction Equity Act of 2008. It requires insurers to submit detailed analyses on their compliance with the Federal Parity Act, including for each non-quantitative treatment limitation in each classification of care consistent with the six-step process. Reports on criteria must be submitted every three years, and regulators will then evaluate reports for compliance and enforce/respond accordingly. The law also outlines new requirements for member identification cards, including listing information that facilitates access to services or coverage. It also creates the Children’s Behavioral Services Fund and provides $8 million for behavioral health services for uninsured and/or underinsured children. The bill also prohibits insurance companies from denying coverage for services covered by a plan simply because they are delivered in an educational setting. Other provisions include a Mental Health Parity Advisory Committee and a Suicide Mortality Review Team.
Summary: This bill amends state insurance law so that any insurer that offers prescription drug benefits must include coverage for at least 2 generic and 2 brand name abuse-deterrent opioid analgesic drug products of different analgesic ingredients on the lowest tier of the formulary. Additionally, the bill prohibits insurers from requiring patients to try an opioid analgesic drug product without abuse-deterrent labeling before covering the other drugs.
Summary: This bill tried to change the sections of the insurance law about autism coverage so that they would now apply to individual plans and small employer fully-insured plans. It also would have eliminated the annual maximums in place for behavioral therapy (applied behavior analysis).
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