Primary Focus: Mental Health Education in Schools Title/Description: Physical and Health Education Citation:Va. Code Ann. § 22.1–207 Summary: Va. Code Ann. § 22.1–207 was amended to require mental health education in public schools. The Board of Education is required to consult with mental health experts and shall review and update the health Standards of Learning for students in the 9th and 10th grades to include mental health. The health instruction will incorporate standards that recognize the dimensions of health including mental health and the relationship of physical and mental health to enhance student understanding, attitudes and behavior to promote dignity, health, and well-being. The second amendment to Va. Code. Ann. § 22.1–207 includes age-appropriate health instruction on the safe use and risk of abuse of prescription drugs. Effective Date: HB 1604 approved March 19, 2018. HB 1532 approved March 23, 2018. Notes:House Bill 1604 and House Bill 1552 provided for these amendments.
Primary Focus: Mandated Benefits; Provider Title/Description: Coverage for mental health and substance use disorders Citation: Va. Code Ann. § 38.2-3412.1 Summary: Group and individual health insurance coverage must provide mental health and substance use disorder benefits. Such benefits shall be in parity with the medical and surgical benefits contained in the coverage in accordance with the Mental Health Parity and Addiction Equity Act of 2008. Effective Date: July 1, 2015 Notes: Enacted through HB 1747 (2015 Session)
HB 1940 Introduced: 1/2015 Sponsor: Del. Greason Status: Signed into law 3/2015 Summary: This bill changed the section of the insurance law about autism coverage to what it is currently by raising the age limit for coverage to age 10 and by eliminating language that defined small employer plans as those with 50 or fewer employees.
HB 1900 Introduced: 1/2013 Sponsor: Del. Rust Status: Signed into law 4/2013 Summary: Among many other things, this bill changed the parity section of the state insurance law by clarifying that anything in this section does not apply if it conflicts with another section of the law related to implementing the Affordable Care Act.
Primary Focus: Mandated Benefits; Provider Title/Description: Coverage for autism spectrum disorder Citation: Va. Code Ann. § 38.2-3418.17 Summary: Mandates coverage for the diagnosis of autism spectrum disorder and the treatment of autism spectrum disorder, in individuals (i) from January 1, 2012, until January 1, 2016, from age two years through age six years and (ii) from and after January 1, 2016, from age two years through age 10 years, subject to the annual maximum benefit limitation. Effective Date: April 29, 2011 Notes: Enacted through H1940 (2015 Session)
HB 2467/SB 1062 Introduced: 1/2011 Sponsor: Del. Greason and Sen. Howell Status: Signed into law 4/2011 Summary: This bill added the section of the state insurance law about autism coverage. This section is summarized at the bottom of this page under “Virginia Parity Law,” “Autism Coverage.” The only thing that has changed in this section since this bill became law is that the age limit for coverage has been raised to age 10 from age 6.
There are several sections of state law relevant to parity. They are summarized below in three parts: Behavioral health coverage, state employee behavioral health coverage, and autism coverage.
There was a section (38.2-3412.1:01) about coverage requirements for “biologically-based mental illness” that was repealed in 2015 because amendments to another section of the state insurance law made 38.2-3412.1:01 obsolete and irrelevant. That section is not summarized here because it is no longer in the state insurance law. If you would like to know what was in that section, contact us at firstname.lastname@example.org.
Autism spectrum disorder is defined as “any pervasive developmental disorder, including autistic disorder, Asperger’s Syndrome, Rett syndrome, childhood disintegrative disorder, or Pervasive Developmental Disorder – Not Otherwise Specified, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.”
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