Connecticut 2023 Regular Session

Connecticut House Bill HB06643 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6643
	8	+	January Session, 2023
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4		-	Substitute House Bill No. 6643
5		-
6		-	Public Act No. 23-148
7	12
8	13
9		-	AN ACT CONCERNING INSURANCE COVERAGE FOR THE
10		-	PROVISION OF MENTAL HEALTH WELLNESS EXAMINATIONS.
	14	+	AN ACT CONCERNING MEDICAID REIMBURSEMENT FOR MENTAL
	15	+	HEALTH AND SUICIDE RISK ASSESSMENTS CONDUCTED AT
	16	+	SCHOOL-BASED HEALTH CENTERS AND INSURANCE COVERAGE
	17	+	FOR THE PROVISION OF MENTAL HEALTH WELLNESS
	18	+	EXAMINATIONS.
11	19		Be it enacted by the Senate and House of Representatives in General
12	20		Assembly convened:
13	21
14		-	Section 1. Section 38a-488e of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective from passage):
16		-	(a) For the purposes of this section:
17		-	(1) "Licensed mental health professional" means: (A) A licensed
18		-	professional counselor or professional counselor, both as defined in
19		-	section 20-195aa; (B) a person who is under professional supervision, as
20		-	defined in section 20-195aa; (C) a physician licensed pursuant to chapter
21		-	370, who is certified in psychiatry by the American Board of Psychiatry
22		-	and Neurology; (D) an advanced practice registered nurse licensed
23		-	pursuant to chapter 378, who is certified as a psychiatric and mental
24		-	health clinical nurse specialist or nurse practitioner by the American
25		-	Nurses Credentialing Center; (E) a psychologist licensed pursuant to
26		-	chapter 383; (F) a marital and family therapist licensed pursuant to
27		-	chapter 383a; (G) a licensed clinical social worker licensed pursuant to
28		-	chapter 383b; or (H) an alcohol and drug counselor licensed under
29		-	chapter 376b; and
30		-	(2) "Mental health wellness examination" means a screening or Substitute House Bill No. 6643
	22	+	Section 1. (NEW) (Effective July 1, 2023) (a) The Commissioner of 1
	23	+	Social Services shall provide Medicaid reimbursement, to the extent 2
	24	+	permissible under federal law, for suicide risk assessments and other 3
	25	+	mental health evaluations and services provided at a school-based 4
	26	+	health center or at a public school. 5
	27	+	(b) The Commissioner of Social Services shall amend the Medicaid 6
	28	+	state plan if necessary to provide reimbursement for the suicide risk 7
	29	+	assessments and mental health evaluations and services described in 8
	30	+	subsection (a) of this section and shall set reimbursement at a level 9
	31	+	adequate to ensure an adequate pool of providers for such suicide risk 10
	32	+	assessments and mental health evaluations and services. 11
	33	+	Sec. 2. Section 38a-488e of the general statutes is repealed and the 12
	34	+	following is substituted in lieu thereof (Effective from passage): 13
	35	+	(a) For the purposes of this section: 14 Substitute Bill No. 6643
31	36
32		-	Public Act No. 23-148 2 of 5
33	37
34		-	assessment that seeks to identify any behavioral or mental health needs
35		-	and appropriate resources for treatment. The examination may include:
36		-	(A) Observation; (B) a behavioral health screening; (C) education and
37		-	consultation on healthy lifestyle changes; (D) referrals to ongoing
38		-	treatment, mental health services and other necessary supports; (E)
39		-	discussion of potential options for medication; (F) age-appropriate
40		-	screenings or observations to understand the mental health history,
41		-	personal history and mental or cognitive state of the person being
42		-	examined; and (G) if appropriate, relevant input from an adult through
43		-	screenings, interviews or questions. [;]
44		-	[(3) "Primary care provider" has the same meaning as provided in
45		-	section 19a-7o; and
46		-	(4) "Primary care" has the same meaning as provided in section 19a-
47		-	7o.]
48		-	(b) (1) Each individual health insurance policy providing coverage of
49		-	the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-
50		-	469 and delivered, issued for delivery, renewed, amended or continued
51		-	in this state on or after January 1, 2023, (A) shall provide coverage for
52		-	two mental health wellness examinations per year that are performed
53		-	by a licensed mental health professional, [or primary care provider,] and
54		-	(B) shall not require prior authorization of such examinations.
55		-	(2) The mental health wellness examinations [: (A) May each be
56		-	provided by a primary care provider as part of a preventive visit; and
57		-	(B)] shall be covered with no patient [cost-sharing] cost sharing.
58		-	(c) The provisions of this section shall apply to a high deductible
59		-	health plan, as that term is used in subsection (f) of section 38a-493, to
60		-	the maximum extent permitted by federal law, except if such plan is
61		-	used to establish a medical savings account or an Archer MSA pursuant
62		-	to Section 220 of the Internal Revenue Code of 1986, as amended from Substitute House Bill No. 6643
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64		-	Public Act No. 23-148 3 of 5
	42	+	(1) "Licensed mental health professional" means: (A) A licensed 15
	43	+	professional counselor or professional counselor, both as defined in 16
	44	+	section 20-195aa; (B) a person who is under professional supervision, as 17
	45	+	defined in section 20-195aa; (C) a physician licensed pursuant to chapter 18
	46	+	370, who is certified in psychiatry by the American Board of Psychiatry 19
	47	+	and Neurology; (D) an advanced practice registered nurse licensed 20
	48	+	pursuant to chapter 378, who is certified as a psychiatric and mental 21
	49	+	health clinical nurse specialist or nurse practitioner by the American 22
	50	+	Nurses Credentialing Center; (E) a psychologist licensed pursuant to 23
	51	+	chapter 383; (F) a marital and family therapist licensed pursuant to 24
	52	+	chapter 383a; (G) a licensed clinical social worker licensed pursuant to 25
	53	+	chapter 383b; or (H) an alcohol and drug counselor licensed under 26
	54	+	chapter 376b; and 27
	55	+	(2) "Mental health wellness examination" means a screening or 28
	56	+	assessment that seeks to identify any behavioral or mental health needs 29
	57	+	and appropriate resources for treatment. The examination may include: 30
	58	+	(A) Observation; (B) a behavioral health screening; (C) education and 31
	59	+	consultation on healthy lifestyle changes; (D) referrals to ongoing 32
	60	+	treatment, mental health services and other necessary supports; (E) 33
	61	+	discussion of potential options for medication; (F) age-appropriate 34
	62	+	screenings or observations to understand the mental health history, 35
	63	+	personal history and mental or cognitive state of the person being 36
	64	+	examined; and (G) if appropriate, relevant input from an adult through 37
	65	+	screenings, interviews or questions. [;] 38
	66	+	[(3) "Primary care provider" has the same meaning as provided in 39
	67	+	section 19a-7o; and 40
	68	+	(4) "Primary care" has the same meaning as provided in section 19a-41
	69	+	7o.] 42
	70	+	(b) (1) Each individual health insurance policy providing coverage of 43
	71	+	the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-44
	72	+	469 and delivered, issued for delivery, renewed, amended or continued 45
	73	+	in this state on or after January 1, 2023, (A) shall provide coverage for 46 Substitute Bill No. 6643
65	74
66		-	time to time, or any subsequent corresponding Internal Revenue Code
67		-	of the United States, as amended from time to time, or a health savings
68		-	account pursuant to Section 223 of said Internal Revenue Code of 1986,
69		-	as amended from time to time, the provisions of this section shall apply
70		-	to such plan to the maximum extent that (1) is permitted by federal law,
71		-	and (2) does not disqualify such account for the deduction allowed
72		-	under said Section 220 or 223, as applicable.
73		-	Sec. 2. Section 38a-514e of the general statutes is repealed and the
74		-	following is substituted in lieu thereof (Effective from passage):
75		-	(a) For the purposes of this section:
76		-	(1) "Licensed mental health professional" means: (A) A licensed
77		-	professional counselor or professional counselor, as defined in section
78		-	20-195aa; (B) a person who is under professional supervision, as defined
79		-	in section 20-195aa; (C) a physician licensed pursuant to chapter 370,
80		-	who is certified in psychiatry by the American Board of Psychiatry and
81		-	Neurology; (D) an advanced practice registered nurse licensed pursuant
82		-	to chapter 378, who is certified as a psychiatric and mental health clinical
83		-	nurse specialist or nurse practitioner by the American Nurses
84		-	Credentialing Center; (E) a psychologist licensed pursuant to chapter
85		-	383; (F) a marital and family therapist licensed pursuant to chapter 383a;
86		-	(G) a licensed clinical social worker licensed pursuant to chapter 383b;
87		-	or (H) an alcohol and drug counselor licensed under chapter 376b; and
88		-	(2) "Mental health wellness examination" means a screening or
89		-	assessment that seeks to identify any behavioral or mental health needs
90		-	and appropriate resources for treatment. The examination may include:
91		-	(A) Observation; (B) a behavioral health screening; (C) education and
92		-	consultation on healthy lifestyle changes; (D) referrals to ongoing
93		-	treatment, mental health services and other necessary supports; (E)
94		-	discussion of potential options for medication; (F) age-appropriate
95		-	screenings or observations to understand the mental health history, Substitute House Bill No. 6643
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97		-	Public Act No. 23-148 4 of 5
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99		-	personal history and mental or cognitive state of the person being
100		-	examined; and (G) if appropriate, relevant input from an adult through
101		-	screenings, interviews or questions. [;]
102		-	[(3) "Primary care provider" has the same meaning as provided in
103		-	section 19a-7o; and
104		-	(4) "Primary care" has the same meaning as provided in section 19a-
105		-	7o.]
106		-	(b) (1) Each group health insurance policy providing coverage of the
107		-	type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469
108		-	and delivered, issued for delivery, renewed, amended or continued in
109		-	this state on or after January 1, 2023, (A) shall provide coverage for two
110		-	mental health wellness examinations per year that are performed by a
111		-	licensed mental health professional, [or primary care provider,] and (B)
112		-	shall not require prior authorization of such examinations.
113		-	(2) The mental health wellness examinations [: (A) May each be
114		-	provided by a primary care provider as part of a preventive visit; and
115		-	(B)] shall be covered with no patient [cost-sharing] cost sharing.
116		-	(c) The provisions of this section shall apply to a high deductible
117		-	health plan, as that term is used in subsection (f) of section 38a-520, to
118		-	the maximum extent permitted by federal law, except if such plan is
119		-	used to establish a medical savings account or an Archer MSA pursuant
120		-	to Section 220 of the Internal Revenue Code of 1986, as amended from
121		-	time to time, or any subsequent corresponding Internal Revenue Code
122		-	of the United States, as amended from time to time, or a health savings
123		-	account pursuant to Section 223 of said Internal Revenue Code, as
124		-	amended from time to time, the provisions of this section shall apply to
125		-	such plan to the maximum extent that (1) is permitted by federal law,
126		-	and (2) does not disqualify such account for the deduction allowed
127		-	under said Section 220 or 223, as applicable. Substitute House Bill No. 6643
	80	+	two mental health wellness examinations per year that are performed 47
	81	+	by a licensed mental health professional, [or primary care provider,] and 48
	82	+	(B) shall not require prior authorization of such examinations. 49
	83	+	(2) The mental health wellness examinations [: (A) May each be 50
	84	+	provided by a primary care provider as part of a preventive visit; and 51
	85	+	(B)] shall be covered with no patient [cost-sharing] cost sharing. 52
	86	+	(c) The provisions of this section shall apply to a high deductible 53
	87	+	health plan, as that term is used in subsection (f) of section 38a-493, to 54
	88	+	the maximum extent permitted by federal law, except if such plan is 55
	89	+	used to establish a medical savings account or an Archer MSA pursuant 56
	90	+	to Section 220 of the Internal Revenue Code of 1986, as amended from 57
	91	+	time to time, or any subsequent corresponding Internal Revenue Code 58
	92	+	of the United States, as amended from time to time, or a health savings 59
	93	+	account pursuant to Section 223 of said Internal Revenue Code of 1986, 60
	94	+	as amended from time to time, the provisions of this section shall apply 61
	95	+	to such plan to the maximum extent that (1) is permitted by federal law, 62
	96	+	and (2) does not disqualify such account for the deduction allowed 63
	97	+	under said Section 220 or 223, as applicable. 64
	98	+	Sec. 3. Section 38a-514e of the general statutes is repealed and the 65
	99	+	following is substituted in lieu thereof (Effective from passage): 66
	100	+	(a) For the purposes of this section: 67
	101	+	(1) "Licensed mental health professional" means: (A) A licensed 68
	102	+	professional counselor or professional counselor, as defined in section 69
	103	+	20-195aa; (B) a person who is under professional supervision, as defined 70
	104	+	in section 20-195aa; (C) a physician licensed pursuant to chapter 370, 71
	105	+	who is certified in psychiatry by the American Board of Psychiatry and 72
	106	+	Neurology; (D) an advanced practice registered nurse licensed pursuant 73
	107	+	to chapter 378, who is certified as a psychiatric and mental health clinical 74
	108	+	nurse specialist or nurse practitioner by the American Nurses 75
	109	+	Credentialing Center; (E) a psychologist licensed pursuant to chapter 76
	110	+	383; (F) a marital and family therapist licensed pursuant to chapter 383a; 77 Substitute Bill No. 6643
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	117	+	(G) a licensed clinical social worker licensed pursuant to chapter 383b; 78
	118	+	or (H) an alcohol and drug counselor licensed under chapter 376b; and 79
	119	+	(2) "Mental health wellness examination" means a screening or 80
	120	+	assessment that seeks to identify any behavioral or mental health needs 81
	121	+	and appropriate resources for treatment. The examination may include: 82
	122	+	(A) Observation; (B) a behavioral health screening; (C) education and 83
	123	+	consultation on healthy lifestyle changes; (D) referrals to ongoing 84
	124	+	treatment, mental health services and other necessary supports; (E) 85
	125	+	discussion of potential options for medication; (F) age-appropriate 86
	126	+	screenings or observations to understand the mental health history, 87
	127	+	personal history and mental or cognitive state of the person being 88
	128	+	examined; and (G) if appropriate, relevant input from an adult through 89
	129	+	screenings, interviews or questions. [;] 90
	130	+	[(3) "Primary care provider" has the same meaning as provided in 91
	131	+	section 19a-7o; and 92
	132	+	(4) "Primary care" has the same meaning as provided in section 19a-93
	133	+	7o.] 94
	134	+	(b) (1) Each group health insurance policy providing coverage of the 95
	135	+	type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 96
	136	+	and delivered, issued for delivery, renewed, amended or continued in 97
	137	+	this state on or after January 1, 2023, (A) shall provide coverage for two 98
	138	+	mental health wellness examinations per year that are performed by a 99
	139	+	licensed mental health professional, [or primary care provider,] and (B) 100
	140	+	shall not require prior authorization of such examinations. 101
	141	+	(2) The mental health wellness examinations [: (A) May each be 102
	142	+	provided by a primary care provider as part of a preventive visit; and 103
	143	+	(B)] shall be covered with no patient [cost-sharing] cost sharing. 104
	144	+	(c) The provisions of this section shall apply to a high deductible 105
	145	+	health plan, as that term is used in subsection (f) of section 38a-520, to 106
	146	+	the maximum extent permitted by federal law, except if such plan is 107
	147	+	used to establish a medical savings account or an Archer MSA pursuant 108 Substitute Bill No. 6643
	148	+
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	153	+
	154	+	to Section 220 of the Internal Revenue Code of 1986, as amended from 109
	155	+	time to time, or any subsequent corresponding Internal Revenue Code 110
	156	+	of the United States, as amended from time to time, or a health savings 111
	157	+	account pursuant to Section 223 of said Internal Revenue Code, as 112
	158	+	amended from time to time, the provisions of this section shall apply to 113
	159	+	such plan to the maximum extent that (1) is permitted by federal law, 114
	160	+	and (2) does not disqualify such account for the deduction allowed 115
	161	+	under said Section 220 or 223, as applicable. 116
	162	+	This act shall take effect as follows and shall amend the following
	163	+	sections:
	164	+
	165	+	Section 1 July 1, 2023 New section
	166	+	Sec. 2 from passage 38a-488e
	167	+	Sec. 3 from passage 38a-514e
	168	+
	169	+	KID Joint Favorable Subst.
	170	+	HS Joint Favorable
131	171