4 | 4 | | SB.docx |
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5 | 5 | | 1 of 5 |
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7 | 7 | | General Assembly Raised Bill No. 1007 |
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8 | 8 | | January Session, 2021 |
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9 | 9 | | LCO No. 3318 |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on INSURANCE AND REAL ESTATE |
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14 | 14 | | |
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15 | 15 | | Introduced by: |
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16 | 16 | | (INS) |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT REQUIRING HEA LTH INSURANCE AND MEDICAID |
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21 | 21 | | COVERAGE FOR THE TRE ATMENT OF SEVERE OBE SITY. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. (NEW) (Effective January 1, 2022) (a) For the purposes of this 1 |
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26 | 26 | | section: 2 |
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27 | 27 | | (1) "Body mass index" means the number calculated by dividing an 3 |
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28 | 28 | | individual's weight in kilograms by the individual's height in meters 4 |
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29 | 29 | | squared; and 5 |
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30 | 30 | | (2) "Severe obesity" means a body mass index that is: 6 |
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31 | 31 | | (A) Greater than forty; or 7 |
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32 | 32 | | (B) Thirty-five or more if an individual has been diagnosed with a 8 |
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33 | 33 | | comorbid disease or condition, including, but not limited to, a 9 |
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34 | 34 | | cardiopulmonary condition, diabetes, hypertension or sleep apnea. 10 |
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35 | 35 | | (b) Each individual health insurance policy providing coverage of the 11 |
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36 | 36 | | type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 12 Raised Bill No. 1007 |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | LCO 3318 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01007- |
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41 | 41 | | 2 of 5 |
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42 | 42 | | |
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43 | 43 | | of the general statutes delivered, issued for delivery, renewed, amended 13 |
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44 | 44 | | or continued in this state on or after January 1, 2022, shall provide 14 |
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45 | 45 | | coverage for: 15 |
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46 | 46 | | (1) Each surgical procedure that is: 16 |
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47 | 47 | | (A) Performed to treat severe obesity, including, but not limited to, 17 |
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48 | 48 | | gastric bypass surgery, sleeve gastrectomy and duodenal switch 18 |
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49 | 49 | | surgery; 19 |
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50 | 50 | | (B) Recognized by the National Institutes of Health, American Society 20 |
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51 | 51 | | for Metabolic and Bariatric Surgery and American College of Surgeons 21 |
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52 | 52 | | as providing long-term weight loss; and 22 |
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53 | 53 | | (C) Consistent with treatment guidelines issued by the National 23 |
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54 | 54 | | Institutes of Health as applied to the insured; and 24 |
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55 | 55 | | (2) Each outpatient prescription drug that is approved by the federal 25 |
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56 | 56 | | Food and Drug Administration to treat severe obesity if such policy 26 |
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57 | 57 | | includes coverage for outpatient prescription drugs. 27 |
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58 | 58 | | (c) The benefits required by subsection (b) of this section shall be 28 |
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59 | 59 | | subject to the same terms and conditions that apply to all other benefits 29 |
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60 | 60 | | covered under a policy that is subject to this section. 30 |
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61 | 61 | | Sec. 2. (NEW) (Effective January 1, 2022) (a) For the purposes of this 31 |
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62 | 62 | | section: 32 |
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63 | 63 | | (1) "Body mass index" means the number calculated by dividing an 33 |
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64 | 64 | | individual's weight in kilograms by the individual's height in meters 34 |
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65 | 65 | | squared; and 35 |
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66 | 66 | | (2) "Severe obesity" means a body mass index that is: 36 |
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67 | 67 | | (A) Greater than forty; or 37 |
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68 | 68 | | (B) Thirty-five or more if an individual has been diagnosed with a 38 |
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69 | 69 | | comorbid disease or condition, including, but not limited to, a 39 Raised Bill No. 1007 |
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70 | 70 | | |
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71 | 71 | | |
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72 | 72 | | LCO 3318 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01007- |
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74 | 74 | | 3 of 5 |
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75 | 75 | | |
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76 | 76 | | cardiopulmonary condition, diabetes, hypertension or sleep apnea. 40 |
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77 | 77 | | (b) Each group health insurance policy providing coverage of the 41 |
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78 | 78 | | type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 42 |
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79 | 79 | | of the general statutes delivered, issued for delivery, renewed, amended 43 |
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80 | 80 | | or continued in this state on or after January 1, 2022, shall provide 44 |
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81 | 81 | | coverage for: 45 |
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82 | 82 | | (1) Each surgical procedure that is: 46 |
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83 | 83 | | (A) Performed to treat severe obesity, including, but not limited to, 47 |
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84 | 84 | | gastric bypass surgery, sleeve gastrectomy and duodenal switch 48 |
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85 | 85 | | surgery; 49 |
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86 | 86 | | (B) Recognized by the National Institutes of Health, American Society 50 |
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87 | 87 | | for Metabolic and Bariatric Surgery and American College of Surgeons 51 |
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88 | 88 | | as providing long-term weight loss; and 52 |
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89 | 89 | | (C) Consistent with treatment guidelines issued by the National 53 |
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90 | 90 | | Institutes of Health as applied to the insured; and 54 |
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91 | 91 | | (2) Each outpatient prescription drug that is approved by the federal 55 |
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92 | 92 | | Food and Drug Administration to treat severe obesity if such policy 56 |
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93 | 93 | | includes coverage for outpatient prescription drugs. 57 |
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94 | 94 | | (c) The benefits required by subsection (b) of this section shall be 58 |
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95 | 95 | | subject to the same terms and conditions that apply to all other benefits 59 |
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96 | 96 | | covered under a policy that is subject to this section. 60 |
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97 | 97 | | Sec. 3. (NEW) (Effective July 1, 2021) (a) For the purposes of this 61 |
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98 | 98 | | section: 62 |
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99 | 99 | | (1) "Body mass index" means the number calculated by dividing a 63 |
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100 | 100 | | Medicaid beneficiary's weight in kilograms by the Medicaid 64 |
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101 | 101 | | beneficiary's height in meters squared; and 65 |
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102 | 102 | | (2) "Severe obesity" means a body mass index that is: 66 Raised Bill No. 1007 |
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103 | 103 | | |
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104 | 104 | | |
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105 | 105 | | LCO 3318 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01007- |
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107 | 107 | | 4 of 5 |
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108 | 108 | | |
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109 | 109 | | (A) Greater than forty; or 67 |
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110 | 110 | | (B) Thirty-five or more if a Medicaid beneficiary has been diagnosed 68 |
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111 | 111 | | with a comorbid disease or condition, including, but not limited to, a 69 |
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112 | 112 | | cardiopulmonary condition, diabetes, hypertension or sleep apnea. 70 |
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113 | 113 | | (b) The Commissioner of Social Services shall provide Medicaid 71 |
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114 | 114 | | reimbursement for: 72 |
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115 | 115 | | (1) Each surgical procedure that is: 73 |
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116 | 116 | | (A) Performed to treat severe obesity, including, but not limited to, 74 |
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117 | 117 | | gastric bypass surgery, sleeve gastrectomy and duodenal switch 75 |
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118 | 118 | | surgery; 76 |
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119 | 119 | | (B) Recognized by the National Institutes of Health, American Society 77 |
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120 | 120 | | for Metabolic and Bariatric Surgery and American College of Surgeons 78 |
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121 | 121 | | as providing long-term weight loss; and 79 |
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122 | 122 | | (C) Consistent with treatment guidelines issued by the National 80 |
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123 | 123 | | Institutes of Health as applied to the Medicaid beneficiary; and 81 |
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124 | 124 | | (2) Each outpatient prescription drug that is approved by the federal 82 |
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125 | 125 | | Food and Drug Administration to treat severe obesity. 83 |
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126 | 126 | | (c) The commissioner shall seek federal approval of a Medicaid state 84 |
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127 | 127 | | plan amendment or Medicaid waiver, if necessary, to implement the 85 |
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128 | 128 | | provisions of this section. Any submission of a Medicaid state plan 86 |
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129 | 129 | | amendment or Medicaid waiver shall be in accordance with the 87 |
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130 | 130 | | provisions of section 17b-8 of the general statutes. 88 |
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131 | 131 | | (d) The commissioner shall adopt regulations, in accordance with 89 |
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132 | 132 | | chapter 54 of the general statutes, to implement the provisions of this 90 |
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133 | 133 | | section. The commissioner may adopt policies or procedures to 91 |
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134 | 134 | | implement the provisions of this section while in the process of adopting 92 |
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135 | 135 | | regulations, provided such policies or procedures are posted on the 93 |
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136 | 136 | | Internet web site of the Department of Social Services and on the 94 Raised Bill No. 1007 |
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137 | 137 | | |
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138 | 138 | | |
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139 | 139 | | LCO 3318 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01007- |
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