LCO No. 4072 1 of 5 General Assembly Raised Bill No. 6643 January Session, 2023 LCO No. 4072 Referred to Committee on COMMITTEE ON CHILDREN Introduced by: (KID) AN ACT CONCERNING MEDICAID REIMBURSEMENT FOR MENTAL HEALTH AND SUICIDE RISK ASSESSMENTS CONDUCTED AT SCHOOL-BASED HEALTH CENTERS AND INSURANCE COVERAGE FOR THE PROVISION OF MENTAL HEALTH WELLNESS EXAMINATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2023) (a) The Commissioner of 1 Social Services shall provide Medicaid reimbursement, to the extent 2 permissible under federal law, for suicide risk assessments and other 3 mental health evaluations and services provided at a school-based 4 health center or at a public school. 5 (b) The Commissioner of Social Services shall amend the Medicaid 6 state plan if necessary to provide reimbursement for the suicide risk 7 assessments and mental health evaluations and services described in 8 subsection (a) of this section and shall set reimbursement at a level 9 adequate to ensure an adequate pool of providers for such suicide risk 10 assessments and mental health evaluations and services. 11 Sec. 2. Section 38a-488e of the general statutes is repealed and the 12 Raised Bill No. 6643 LCO No. 4072 2 of 5 following is substituted in lieu thereof (Effective from passage): 13 (a) For the purposes of this section: 14 (1) "Licensed mental health professional" means: (A) A licensed 15 professional counselor or professional counselor, both as defined in 16 section 20-195aa; (B) a person who is under professional supervision, as 17 defined in section 20-195aa; (C) a physician licensed pursuant to chapter 18 370, who is certified in psychiatry by the American Board of Psychiatry 19 and Neurology; (D) an advanced practice registered nurse licensed 20 pursuant to chapter 378, who is certified as a psychiatric and mental 21 health clinical nurse specialist or nurse practitioner by the American 22 Nurses Credentialing Center; (E) a psychologist licensed pursuant to 23 chapter 383; (F) a marital and family therapist licensed pursuant to 24 chapter 383a; (G) a licensed clinical social worker licensed pursuant to 25 chapter 383b; [or] (H) an alcohol and drug counselor licensed under 26 chapter 376b; or (I) a licensed master social worker licensed pursuant to 27 chapter 383b; and 28 (2) "Mental health wellness examination" means a screening or 29 assessment that seeks to identify any behavioral or mental health needs 30 and appropriate resources for treatment. The examination may include: 31 (A) Observation; (B) a behavioral health screening; (C) education and 32 consultation on healthy lifestyle changes; (D) referrals to ongoing 33 treatment, mental health services and other necessary supports; (E) 34 discussion of potential options for medication; (F) age-appropriate 35 screenings or observations to understand the mental health history, 36 personal history and mental or cognitive state of the person being 37 examined; and (G) if appropriate, relevant input from an adult through 38 screenings, interviews or questions. [;] 39 [(3) "Primary care provider" has the same meaning as provided in 40 section 19a-7o; and 41 (4) "Primary care" has the same meaning as provided in section 19a-42 7o.] 43 Raised Bill No. 6643 LCO No. 4072 3 of 5 (b) (1) Each individual health insurance policy providing coverage of 44 the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-45 469 and delivered, issued for delivery, renewed, amended or continued 46 in this state on or after January 1, 2023, (A) shall provide coverage for 47 two mental health wellness examinations per year that are performed 48 by a licensed mental health professional, [or primary care provider,] and 49 (B) shall not require prior authorization of such examinations. 50 (2) The mental health wellness examinations [: (A) May each be 51 provided by a primary care provider as part of a preventive visit; and 52 (B)] shall be covered with no patient [cost-sharing] cost sharing. 53 (c) The provisions of this section shall apply to a high deductible 54 health plan, as that term is used in subsection (f) of section 38a-493, to 55 the maximum extent permitted by federal law, except if such plan is 56 used to establish a medical savings account or an Archer MSA pursuant 57 to Section 220 of the Internal Revenue Code of 1986, as amended from 58 time to time, or any subsequent corresponding Internal Revenue Code 59 of the United States, as amended from time to time, or a health savings 60 account pursuant to Section 223 of said Internal Revenue Code of 1986, 61 as amended from time to time, the provisions of this section shall apply 62 to such plan to the maximum extent that (1) is permitted by federal law, 63 and (2) does not disqualify such account for the deduction allowed 64 under said Section 220 or 223, as applicable. 65 Sec. 3. Section 38a-514e of the general statutes is repealed and the 66 following is substituted in lieu thereof (Effective from passage): 67 (a) For the purposes of this section: 68 (1) "Licensed mental health professional" means: (A) A licensed 69 professional counselor or professional counselor, as defined in section 70 20-195aa; (B) a person who is under professional supervision, as defined 71 in section 20-195aa; (C) a physician licensed pursuant to chapter 370, 72 who is certified in psychiatry by the American Board of Psychiatry and 73 Neurology; (D) an advanced practice registered nurse licensed pursuant 74 to chapter 378, who is certified as a psychiatric and mental health clinical 75 Raised Bill No. 6643 LCO No. 4072 4 of 5 nurse specialist or nurse practitioner by the American Nurses 76 Credentialing Center; (E) a psychologist licensed pursuant to chapter 77 383; (F) a marital and family therapist licensed pursuant to chapter 383a; 78 (G) a licensed clinical social worker licensed pursuant to chapter 383b; 79 [or] (H) an alcohol and drug counselor licensed under chapter 376b; or 80 (I) a licensed master social worker licensed pursuant to chapter 383b; 81 and 82 (2) "Mental health wellness examination" means a screening or 83 assessment that seeks to identify any behavioral or mental health needs 84 and appropriate resources for treatment. The examination may include: 85 (A) Observation; (B) a behavioral health screening; (C) education and 86 consultation on healthy lifestyle changes; (D) referrals to ongoing 87 treatment, mental health services and other necessary supports; (E) 88 discussion of potential options for medication; (F) age-appropriate 89 screenings or observations to understand the mental health history, 90 personal history and mental or cognitive state of the person being 91 examined; and (G) if appropriate, relevant input from an adult through 92 screenings, interviews or questions. [;] 93 [(3) "Primary care provider" has the same meaning as provided in 94 section 19a-7o; and 95 (4) "Primary care" has the same meaning as provided in section 19a-96 7o.] 97 (b) (1) Each group health insurance policy providing coverage of the 98 type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 99 and delivered, issued for delivery, renewed, amended or continued in 100 this state on or after January 1, 2023, (A) shall provide coverage for two 101 mental health wellness examinations per year that are performed by a 102 licensed mental health professional, [or primary care provider,] and (B) 103 shall not require prior authorization of such examinations. 104 (2) The mental health wellness examinations [: (A) May each be 105 provided by a primary care provider as part of a preventive visit; and 106 (B)] shall be covered with no patient [cost-sharing] cost sharing. 107 Raised Bill No. 6643 LCO No. 4072 5 of 5 (c) The provisions of this section shall apply to a high deductible 108 health plan, as that term is used in subsection (f) of section 38a-520, to 109 the maximum extent permitted by federal law, except if such plan is 110 used to establish a medical savings account or an Archer MSA pursuant 111 to Section 220 of the Internal Revenue Code of 1986, as amended from 112 time to time, or any subsequent corresponding Internal Revenue Code 113 of the United States, as amended from time to time, or a health savings 114 account pursuant to Section 223 of said Internal Revenue Code, as 115 amended from time to time, the provisions of this section shall apply to 116 such plan to the maximum extent that (1) is permitted by federal law, 117 and (2) does not disqualify such account for the deduction allowed 118 under said Section 220 or 223, as applicable. 119 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2023 New section Sec. 2 from passage 38a-488e Sec. 3 from passage 38a-514e Statement of Purpose: To authorize Medicaid reimbursement for suicide risk assessments and other mental health evaluations and services conducted at school-based health centers and public schools, and to eliminate the requirement that a mental health wellness examination be conducted by a primary care provider for purposes of insurance coverage. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]