Revision: Feb. 22, 2019, 4:52 p.m.
SB 272-FN - AS AMENDED BY THE SENATE
02/21/2019 0391s
2019 SESSION
19-0921
01/03
SENATE BILL 272-FN
AN ACT relative to mental health parity under the insurance laws.
SPONSORS: Sen. Morgan, Dist 23; Sen. Bradley, Dist 3; Sen. Cavanaugh, Dist 16; Sen. Chandley, Dist 11; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Kahn, Dist 10; Sen. Levesque, Dist 12; Sen. Soucy, Dist 18; Sen. Watters, Dist 4
COMMITTEE: Commerce
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ANALYSIS
This bill authorizes the insurance commissioner to enforce the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 and requires the commissioner to examine and evaluate health insurers, health service corporations, and health maintenance organizations for compliance.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/21/2019 0391s 19-0921
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to mental health parity under the insurance laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Coverage for Certain Biologically-Based Mental Illnesses. Amend RSA 417-E:1, II to read as follows:
II. Notwithstanding any other provision of law, each insurer that issues or renews any policy of [group] accident or health insurance and each nonprofit health service corporation under RSA 420-A and health maintenance organization under RSA 420-B providing benefits for disease or sickness in the state of New Hampshire shall provide benefits for treatment and diagnosis of certain biologically-based mental illnesses under the same terms and conditions and which are no less extensive than coverage provided for any other type of health care for physical illness.
2 Coverage for Certain Biologically-Based Mental Illnesses. Amend RSA 417-E:1, V to read as follows:
V. The commissioner shall have the authority to enforce the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (the Act), including any amendments thereto and any federal rules adopted thereunder, and may adopt rules, under RSA 541-A, as may be necessary to effectuate any provisions of the [Mental Health Parity Act of 2008] Act that relate to the business of insurance.
V-a. Under examination authority in RSA 400-A:37, the commissioner shall periodically examine and evaluate health insurers, health service corporations, and health maintenance organizations for compliance with this chapter and with the act. Such examination and evaluation shall include provider reimbursement practices. The result of such examinations and evaluations shall be made public to the fullest extent allowed under RSA 400-A:37.
3 Effective Date. This act shall take effect January 1, 2020.
19-0921
Amended 2/22/19
SB 272-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2019-0391s)
AN ACT relative to mental health parity under the insurance laws.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill amends RSA 417-E:1 to authorize the Commissioner of the Insurance Department to enforce federal law which prohibits group health plans and health insurance issuers that provide mental health or substance use disorder benefits from imposing less favorable benefit limitations on those benefits than on medical/surgical benefits. The bill also requires the Commissioner to periodically evaluate certain parties to determine compliance and make those evaluations public.
The Insurance Department assumes that issuers have already incorporated the requirements of the federal law into their policy designs and it does not anticipate any fiscal impact to costs for premiums or premium tax revenue. The Department states there may be an increase to state expenditures to the extent it will need to contract services in order to perform required examinations and evaluations, but the Department did not provide a cost estimate for these services.
The Department of Administrative Services does not anticipate a fiscal impact to the State Health Benefit Plan for Employees and Retirees because it is a self-insured plan and not subject to managed care law.
The New Hampshire Municipal Association states this bill may impact health insurance rates paid by municipalities but does not have the information to determine the fiscal impact if any.
AGENCIES CONTACTED:
Department of Administrative Services, New Hampshire Municipal Association, and Insurance Department