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5 | 5 | | 2025 -- S 0054 |
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6 | 6 | | ======== |
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7 | 7 | | LC000191 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENTAL ILLNESS AND |
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16 | 16 | | SUBSTANCE USE DISORDERS |
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17 | 17 | | Introduced By: Senators Ujifusa, Murray, Euer, Pearson, Valverde, Lawson, Bell, Mack, |
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18 | 18 | | DiMario, and Vargas |
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19 | 19 | | Date Introduced: January 23, 2025 |
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20 | 20 | | Referred To: Senate Health & Human Services |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Legislative findings. 1 |
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25 | 25 | | (1) A 2020 survey by the Substance Abuse and Mental Health Services Administration 2 |
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26 | 26 | | (SAMHSA), the agency within the U.S. Department of Health and Human Services that leads 3 |
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27 | 27 | | public health efforts to advance the behavioral health of the nation, found: 4 |
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28 | 28 | | (i) Approximately 21% of US adults aged 18 or older had mental illness, and 14.5% of 5 |
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29 | 29 | | individuals aged 12 or older had a Substance Use Disorder (SUD) in the previous year. 6 |
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30 | 30 | | (ii) Of the adults with mental illness, only 46.2% received mental health care. 7 |
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31 | 31 | | (iii) Of those with SUDs, only 6.5% received treatment. 8 |
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32 | 32 | | (2) The Office of Health Insurance Commissioner (OHIC) has worked with state insurers 9 |
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33 | 33 | | to promote parity and in August 2018, Blue Cross Blue Shield of Rhode Island (BCBSRI) agreed 10 |
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34 | 34 | | prior approval was no longer needed for in-network mental health or substance use disorder 11 |
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35 | 35 | | services. 12 |
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36 | 36 | | (3) To ensure Rhode Islanders with mental health and substance use disorders, get timely, 13 |
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37 | 37 | | medically necessary care, all health insurers in Rhode Island should implement the prior 14 |
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38 | 38 | | authorization policies that BCBSRI implemented in August 2018. 15 |
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39 | 39 | | SECTION 2. Section 27-38.2-1 of the General Laws in Chapter 27-38.2 entitled "Insurance 16 |
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40 | 40 | | Coverage for Mental Illness and Substance Use Disorders" is hereby amended to read as follows: 17 |
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41 | 41 | | 27-38.2-1. Coverage for treatment of mental health and substance use disorders. 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000191 - Page 2 of 4 |
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45 | 45 | | (a) A group health plan and an individual or group health insurance plan shall provide 1 |
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46 | 46 | | coverage for the treatment of mental health and substance use disorders under the same terms and 2 |
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47 | 47 | | conditions as that coverage is provided for other illnesses and diseases. 3 |
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48 | 48 | | (b) Coverage for the treatment of mental health and substance use disorders shall not 4 |
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49 | 49 | | impose any annual or lifetime dollar limitation. 5 |
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50 | 50 | | (c) Financial requirements and quantitative treatment limitations on coverage for the 6 |
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51 | 51 | | treatment of mental health and substance use disorders shall be no more restrictive than the 7 |
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52 | 52 | | predominant financial requirements applied to substantially all coverage for medical conditions in 8 |
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53 | 53 | | each treatment classification. 9 |
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54 | 54 | | (d) Coverage shall not impose non-quantitative treatment limitations for the treatment of 10 |
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55 | 55 | | mental health and substance use disorders unless the processes, strategies, evidentiary standards, 11 |
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56 | 56 | | or other factors used in applying the non-quantitative treatment limitation, as written and in 12 |
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57 | 57 | | operation, are comparable to, and are applied no more stringently than, the processes, strategies, 13 |
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58 | 58 | | evidentiary standards, or other factors used in applying the limitation with respect to 14 |
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59 | 59 | | medical/surgical benefits in the classification. 15 |
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60 | 60 | | (e) The following classifications shall be used to apply the coverage requirements of this 16 |
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61 | 61 | | chapter: (1) Inpatient, in-network; (2) Inpatient, out-of-network; (3) Outpatient, in-network; (4) 17 |
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62 | 62 | | Outpatient, out-of-network; (5) Emergency care; and (6) Prescription drugs. 18 |
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63 | 63 | | (f) Medication-assisted treatment or medication-assisted maintenance services of substance 19 |
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64 | 64 | | use disorders, opioid overdoses, and chronic addiction, including methadone, buprenorphine, 20 |
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65 | 65 | | naltrexone, or other clinically appropriate medications, is included within the appropriate 21 |
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66 | 66 | | classification based on the site of the service. 22 |
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67 | 67 | | (g) Payors shall rely upon the criteria of the American Society of Addiction Medicine when 23 |
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68 | 68 | | developing coverage for levels of care for substance use disorder treatment. 24 |
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69 | 69 | | (h) Patients with substance use disorders shall have access to evidence-based, non-opioid 25 |
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70 | 70 | | treatment for pain, therefore coverage shall apply to medically necessary chiropractic care and 26 |
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71 | 71 | | osteopathic manipulative treatment performed by an individual licensed under § 5-37-2. 27 |
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72 | 72 | | (i) Parity of cost-sharing requirements. Regardless of the professional license of the 28 |
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73 | 73 | | provider of care, if that care is consistent with the provider’s scope of practice and the health plan’s 29 |
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74 | 74 | | credentialing and contracting provisions, cost sharing for behavioral health counseling visits and 30 |
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75 | 75 | | medication maintenance visits shall be consistent with the cost sharing applied to primary care 31 |
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76 | 76 | | office visits. 32 |
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77 | 77 | | (j) No health insurers in Rhode Island shall require prior authorization, for in-network 33 |
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78 | 78 | | mental health or substance use disorder services. The office of the health insurance commissioner 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000191 - Page 3 of 4 |
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82 | 82 | | shall promulgate rules and regulations and conduct oversight and enforcement actions necessary to 1 |
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83 | 83 | | implement this subsection, including the imposition of fines for violations. 2 |
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84 | 84 | | SECTION 3. This act shall take effect upon passage. 3 |
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85 | 85 | | ======== |
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86 | 86 | | LC000191 |
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87 | 87 | | ======== |
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88 | 88 | | |
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89 | 89 | | |
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90 | 90 | | LC000191 - Page 4 of 4 |
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91 | 91 | | EXPLANATION |
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92 | 92 | | BY THE LEGISLATIVE COUNCIL |
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93 | 93 | | OF |
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94 | 94 | | A N A C T |
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95 | 95 | | RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENT AL ILLNESS AND |
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96 | 96 | | SUBSTANCE USE DISORDERS |
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97 | 97 | | *** |
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98 | 98 | | This act would prohibit health insurance providers from requiring preauthorization for in- 1 |
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99 | 99 | | network mental health or substance use disorder services. 2 |
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100 | 100 | | This act would take effect upon passage. 3 |
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101 | 101 | | ======== |
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102 | 102 | | LC000191 |
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103 | 103 | | ======== |
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104 | 104 | | |
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