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.
Regular Session: Convened 1/2/2019 Will adjourn: 1/8/2020 Governor’s Deadline: 1/14/2020
Primary Focus: Parity: General Title/Description: Establishing a commission to study the business environment for mental health providers in New Hampshire. Citation: SB 115 Introduced: 1/18/2019 Sponsor: Sen. Feltes (D) Status: Signed into law Summary: SB 115 amend RSA 330-A by adding a new section to establish a commission on the business environment for mental health providers in the state. The bill specifies who must be on such committee and the focus of such committee, including examining billing practices and regulations, access to affordable education, insurance rates and mental health parity, and methods to strengthen the network of providers within the state. Notes: N/A
Primary Focus: Enforcement: Reporting Requirement Title/Description: Relative to mental health parity under the insurance laws Citation:SB 272 Introduced: 1/28/2019 Sponsor: Sen. Morgan (D) Status: Signed into law Summary: SB 272 amends RSA 417-E:1, II to authorize the Insurance Commissioner to enforce the Federal Parity Law and its implementing regulations. The commissioner must periodically examine and evaluate insurers, health service corporations, and health maintenance organizations for compliance and the results of such examinations and evaluations must be made available to the public. Notes: N/A
SB 502 Introduced: 1/2016 Sponsor: Sen Feltes Status: Died in committee Summary: This bill requires the insurance commissioner to investigate insurers for noncompliance with the Federal Parity law. To accomplish this, the commissioner must create a parity specific complaint process for consumers of mental health and addiction services. The commissioner must then conduct an initial assessment and investigation of all complaints of alleged violations of the Federal Parity Law. The commissioner has the authority to order restitution for individuals adversely affected by the insurer’s conduct. All complaints under federal jurisdiction must be referred to the Department of Labor.
The bill also mandates that the insurance commission require insurers to submit annual reports showing compliance with the Federal Parity law. This annual report will include information on provider reimbursement rates, reasonable access to care, benefit compliance, and application of quantitative treatment limitations.
The bill also allows the commissioner to request assistance from the department of justice to investigate violations of the Federal Parity Law.
HB 309 Introduced: 1/2011 Sponsor: Rep. Hunt Status: Dead 3/2012 Summary: This bill tried to change the section of the state insurance law about autism coverage so that utilization review for autism services would be “consistent with rules adopted by the insurance department.”
SB 331 Introduced: 1/2010 Sponsor: Sen. Janeway Status: Dead 04/2010 Summary: This bill established a Task Force on Substance Use Disorder Treatment for Medicaid Eligible Individuals. The Task Force aimed to increase access, quality, and cost effectiveness of substance use disorder treatment.
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