SENATE FLOOR VERSION - SB444 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION March 1, 2023 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 444 By: Montgomery of the Senate and Miller of the House [ mental health and substance use disorder benefits - reimbursement - necessity determination - codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statu tes as Section 6060.11a of Title 36, unless there is created a duplication in numbering, reads as follows: A. For the purposes of this section: 1. “Behavioral health integration” means an approach to delivering mental health care that improves the ability for primary care providers to include mental and behavioral health screening, treatment, and specialty care i nto their practice pursuant to current procedural terminology billing code 99484, as established by the American Medical Association ; SENATE FLOOR VERSION - SB444 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. “Health benefit plan” means a plan as defined pur suant to Section 6060.4 of Title 36 of the Oklahoma Statutes; 3. “Mental health and substanc e abuse disorder benefits” means benefits for the treatment of any condition or disord er that involves a mental health condition or substance abuse disorder , including but not limited to those that fall under any of the diagnostic categories listed in the mental disorder s section of the most recent edition of the International Classificatio n of Diseases or in the mental disorders section of the most recent version of the Diagnostic and Statistical Manual of Mental Disorders; 4. “Oklahoma Medicaid Program” means the state program administered by the Oklahoma Health Care Authority pursuant to Section 1002 of Title 56 of the Oklahoma Statutes; and 5. “Psychiatric collaborative care model” means the evidence- based, integrated behavioral health service delivery method described pursuant to 81 C.F.R. 80230. The model shall include, but not be limited to, the following current procedural terminology billing codes, as established by the Amer ican Medical Association: a. 99492, b. 99493, and c. 99494. B. 1. Any health benefit plan that is offered, issued, or renewed in this state and tha t provides mental health or substance abuse disorder benefits shall provide reimbursement for such SENATE FLOOR VERSION - SB444 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 benefits that are delivered through the behavioral health integration and psychiatric collaborative care models. 2. The Oklahoma Medicaid Program shall provide re imbursement for such benefits that are delivered through the behavioral health integration and psychiatric collaborative care models. 3. Plans offered, issued, or renewed in this state that provide benefits under this subsection may deny reimbursement of any current procedural terminology code pursuant to paragraph 3 of subsection A of this section due to medical necessity; provided, such medical necessity determinations shall be in compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended, and its implementing and related regulations, and in accordance with the utilization review requirements pursuant to Section 6551 et seq. of Title 36 of the Oklahoma Statutes and the review and deni al of substance use disorder treatments an d services in Section 1250.5 et seq. of Title 36 of the Oklahoma Statutes. SECTION 2. This act shall become effective Novem ber 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS March 1, 2023 - DO PASS AS AMENDED BY CS