2025 -- S 0193
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LC001182
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENTAL ILLNESS AND
SUBSTANCE USE DISORDERS
Introduced By: Senators Ujifusa, Lauria, Murray, Valverde, DiMario, Quezada, DiPalma,
Bell, and Mack
Date Introduced: February 07, 2025
Referred To: Senate Health & Human Services
It is enacted by the General Assembly as follows:
SECTION 1. Sections 27-38.2-1 and 27-38.2-2 of the General Laws in Chapter 27-38.2 1
entitled "Insurance Coverage for Mental Illness and Substance Use Disorders" are hereby amended 2
to read as follows: 3
27-38.2-1. Coverage for treatment of mental health and substance use disorders. 4
(a) A group health plan and an individual or group health insurance plan shall provide 5
coverage for the treatment of mental health and substance use disorders under the same terms and 6
conditions as that coverage is provided for other illnesses and diseases. 7
(b) Coverage for the treatment of mental health and substance use disorders shall not 8
impose any annual or lifetime dollar limitation. 9
(c) Financial requirements and quantitative treatment limitations on coverage for the 10
treatment of mental health and substance use disorders shall be no more restrictive than the 11
predominant financial requirements applied to substantially all coverage for medical conditions in 12
each treatment classification. 13
(d) Coverage shall not impose non-quantitative treatment limitations for the treatment of 14
mental health and substance use disorders unless the processes, strategies, evidentiary standards, 15
or other factors used in applying the non-quantitative treatment limitation, as written and in 16
operation, are comparable to, and are applied no more stringently than, the processes, strategies, 17
evidentiary standards, or other factors used in applying the limitation with respect to 18
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medical/surgical benefits in the classification. 1
(e) The following classifications shall be used to apply the coverage requirements of this 2
chapter: (1) Inpatient, in-network; (2) Inpatient, out-of-network; (3) Outpatient, in-network; (4) 3
Outpatient, out-of-network; (5) Emergency care; and (6) Prescription drugs. 4
(f) Medication-assisted treatment or medication-assisted maintenance services of substance 5
use disorders, opioid overdoses, and chronic addiction, including methadone, buprenorphine, 6
naltrexone, or other clinically appropriate medications, is included within the appropriate 7
classification based on the site of the service. 8
(g) Payors shall rely upon the criteria of the American Society of Addiction Medicine when 9
developing coverage for levels of care for substance use disorder treatment. 10
(h) Payors shall rely upon criteria which reflect generally accepted standards of care when 11
developing coverage for levels of care for mental health treatment. 12
(i) Payors shall not modify clinical criteria to reduce coverage for mental health treatment 13
below the level established by the generally accepted standards of care upon which their clinical 14
criteria are based. 15
(j) Patients with substance use disorders shall have access to evidence-based, non-opioid 16
treatment for pain, therefore coverage shall apply to medically necessary chiropractic care and 17
osteopathic manipulative treatment performed by an individual licensed under § 5-37-2. 18
(i)(k) Parity of cost-sharing requirements. Regardless of the professional license of the 19
provider of care, if that care is consistent with the provider’s scope of practice and the health plan’s 20
credentialing and contracting provisions, cost sharing for behavioral health counseling visits and 21
medication maintenance visits shall be consistent with the cost sharing applied to primary care 22
office visits. 23
27-38.2-2. Definitions. 24
For the purposes of this chapter, the following words and terms have the following 25
meanings: 26
(1) “Financial requirements” means deductibles, copayments, coinsurance, or out-of-27
pocket maximums. 28
(2) “Generally accepted standards of care” means standards of care and clinical practice 29
that are generally recognized by healthcare providers practicing in relevant clinical specialties such 30
as psychiatry, psychology, clinical sociology, addiction medicine and counseling, and behavioral 31
health treatment, as reflected in sources including, but not limited to, patient placement criteria and 32
clinical practice guidelines, the Level of Care Utilization System (LOCUS), the Child and 33
Adolescent Level of Care Utilization System (CALOCUS), the Child and Adolescent Service 34
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Intensity Instrument (CASII), recommendations of federal government agencies, and drug labeling 1
approved by the United States Food and Drug Administration. 2
(2)(3) “Group health plan” means an employee welfare benefit plan as defined in 29 U.S.C. 3
§ 1002(1) to the extent that the plan provides health benefits to employees or their dependents 4
directly or through insurance, reimbursement, or otherwise. For purposes of this chapter, a group 5
health plan shall not include a plan that provides health benefits directly to employees or their 6
dependents, except in the case of a plan provided by the state or an instrumentality of the state. 7
(3)(4) “Health insurance plan” means health insurance coverage offered, delivered, issued 8
for delivery, or renewed by a health insurer. 9
(4)(5) “Health insurers” means all persons, firms, corporations, or other organizations 10
offering and assuring health services on a prepaid or primarily expense-incurred basis, including 11
but not limited to, policies of accident or sickness insurance, as defined by chapter 18 of this title; 12
nonprofit hospital or medical service plans, whether organized under chapter 19 or 20 of this title 13
or under any public law or by special act of the general assembly; health maintenance organizations, 14
or any other entity that insures or reimburses for diagnostic, therapeutic, or preventive services to 15
a determined population on the basis of a periodic premium. Provided, this chapter does not apply 16
to insurance coverage providing benefits for: 17
(i) Hospital confinement indemnity; 18
(ii) Disability income; 19
(iii) Accident only; 20
(iv) Long-term care; 21
(v) Medicare supplement; 22
(vi) Limited benefit health; 23
(vii) Specific disease indemnity; 24
(viii) Sickness or bodily injury or death by accident or both; and 25
(ix) Other limited benefit policies. 26
(5)(6) “Mental health or substance use disorder” means any mental disorder and substance 27
use disorder that is listed in the most recent revised publication or the most updated volume of 28
either the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American 29
Psychiatric Association or the International Classification of Disease Manual (ICO) published by 30
the World Health Organization; provided, that tobacco and caffeine are excluded from the 31
definition of “substance” for the purposes of this chapter. 32
(6)(7) “Non-quantitative treatment limitations” means: (i) Medical management standards; 33
(ii) Formulary design and protocols; (iii) Network tier design; (iv) Standards for provider admission 34
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to participate in a network; (v) Reimbursement rates and methods for determining usual, customary, 1
and reasonable charges; and (vi) Other criteria that limit scope or duration of coverage for services 2
in the treatment of mental health and substance use disorders, including restrictions based on 3
geographic location, facility type, and provider specialty. 4
(7)(8) “Quantitative treatment limitations” means numerical limits on coverage for the 5
treatment of mental health and substance use disorders based on the frequency of treatment, number 6
of visits, days of coverage, days in a waiting period, or other similar limits on the scope or duration 7
of treatment. 8
SECTION 2. This act shall take effect upon passage. 9
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENTAL ILLNESS AND
SUBSTANCE USE DISORDERS
***
This act would provide that for insurance coverage for treatment of mental health and 1
substance use disorders, payors would rely upon criteria which reflect generally accepted standards 2
of care when developing coverage for levels of care for mental health treatment. This act would 3
also provide that payors would not modify clinical criteria to reduce coverage for mental health 4
treatment below the level established by the generally accepted standards of care upon which their 5
clinical criteria are based. This act would also provide a definition for the term “generally accepted 6
standards of care.” 7
This act would take effect upon passage. 8
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