House Bill 380

AN ACT TO AMEND SECTION 83-9-26, MISSISSIPPI CODE OF 1972, TO REQUIRE HEALTH INSURANCE POLICIES TO PROVIDE COVERAGE FOR THE DIAGNOSIS AND TREATMENT OF DEVELOPMENTAL AND PHYSICAL DISABILITIES SIMILAR TO THE REQUIREMENT FOR AUTISM SPECTRUM DISORDER; TO PROVIDE THE MAXIMUM AMOUNT OF COVERAGE PER YEAR FOR APPLIED BEHAVIORAL ANALYSIS FOR AUTISM SPECTRUM DISORDER OR DEVELOPMENTAL OR PHYSICAL DISABILITIES; TO PROVIDE FOR THE MAXIMUM AGE FOR COVERAGE FOR APPLIED BEHAVIORAL ANALYSIS FOR AUTISM SPECTRUM DISORDER OR DEVELOPMENTAL OR PHYSICAL DISABILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-9-26, Mississippi Code of 1972, is amended as follows:

83-9-26. (1) Except as otherwise provided herein, a health insurance policy shall provide coverage for the screening, diagnosis, and treatment of autism spectrum disorder and for the diagnosis and treatment of developmental and physical disabilities. To the extent that the screening, diagnosis, and treatment of autism spectrum disorder are not already covered by a health insurance policy, coverage under this section will be included in health insurance policies that are delivered, executed, issued, amended, adjusted, or renewed in this state, or outside this state if insuring residents of this state, on or after January 1, 2016. To the extent that the diagnosis and treatment of developmental and physical disabilities are not already covered by a health insurance policy, coverage under this section will be included in health insurance policies that are delivered, executed, issued, amended, adjusted, or renewed in this state, or outside this state if insuring residents of this state, on or after January 1, 2023. No insurer can terminate coverage, or refuse to deliver, execute, issue, amend, adjust, or renew coverage to an individual solely because the individual is diagnosed with or has received treatment for an autism spectrum disorder or developmental or physical disabilities.

(2) Coverage under this section must not be subject to dollar limits, deductibles, or coinsurance provisions that are less favorable to an insured than the dollar limits, deductibles, or coinsurance provisions that apply to substantially all medical and surgical benefits under the health insurance policy, except as otherwise provided in subsection (5) of this section.

(3) This section shall not be construed as limiting benefits that are otherwise available to an individual under a health insurance policy.

(4) As used in this section:

(a) "Applied behavior analysis" means the individualized design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior.

(b) "Autism spectrum disorder" means any of the pervasive developmental disorders or autism spectrum disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the edition that was in effect at the time of diagnosis.

(c) "Behavioral health treatment" means behavior modification and mental health counseling and treatment programs, including applied behavior analysis, that are:

(i) Necessary to develop or restore, to the maximum extent practicable, the functioning of an individual; and

(ii) Provided or supervised by a licensed behavior mental health professional, so long as the services performed are commensurate with the licensed mental health professional's competency area, training and supervised experience.

(d) "Diagnosis of autism spectrum disorder or a developmental or physical disability" means medically necessary assessment, evaluations, or tests to diagnose whether an individual has an autism spectrum disorder or a developmental or physical disability, as performed by a licensed psychologist or licensed physician.

(e) "Licensed behavior analyst" means a professional licensed under Section 73-75-13(d) to practice applied behavior analysis in the State of Mississippi.

(f) "Health insurance policy" includes all individual and group health insurance policies providing coverage on an expense-incurred basis, individual and group service or indemnity type contracts issued by a nonprofit corporation, individual and group service contracts issued by a health maintenance organization or preferred provider organization, all self-insured group arrangements to the extent not preempted by federal law, all plans for state and political subdivisions and all managed health care delivery entities of any type or description providing coverage to any resident of this state.

(g) "Pharmacy care" means medications approved by the United States Food and Drug Administration and prescribed by a licensed physician, and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

(h) "Psychiatric care" means direct or consultative services provided by a psychiatrist licensed to practice in the State of Mississippi or as provided under the applicable health insurance policy.

(i) "Psychological care" means direct or consultative services provided by a psychologist licensed to practice in the State of Mississippi or as provided under the applicable health insurance policy.

(j) "Therapeutic care" means services provided by licensed speech-language pathologists, occupational therapists, or physical therapists as covered by the health insurance policy.

(k) "Treatment for autism spectrum disorder or a developmental or physical disability" means evidence-based care prescribed or ordered for an individual diagnosed with an autism spectrum disorder or a developmental or physical disability by a licensed physician or a licensed psychologist who determines the care to be medically necessary, including, but not limited to:

(i) Behavioral health treatment;

(ii) Pharmacy care;

(iii) Psychiatric care;

(iv) Psychological care; and

(v) Therapeutic care.

(l) "Treatment plan" means a written, comprehensive, and individualized intervention plan that incorporates specific treatment goals, individualized with objectives, data collection and analysis plan, and goal change procedures if goals are not met.

(m) "Developmental or physical disability" means a severe chronic disability that:

(i) Is attributable to cerebral palsy, epilepsy, or any other condition other than mental illness or autism spectrum disorder which results in impairment of general intellectual functioning or adaptive behavior and requires treatment or services;

(ii) Manifests before the individual reaches age nineteen (19);

(iii) Is likely to continue indefinitely; and

(iv) Results in substantial functional limitations in three (3) or more of the following areas of major life activities:

1. Self-care;

2. Understanding and use of language;

3. Learning;

4. Mobility;

5. Self-direction; or

6. Capacity for independent living.

(5) Coverage under this section for applied behavior analysis shall be limited to * * *~~twenty‑five (25) hours per week~~ Forty Thousand Dollars ($40,000.00) per year, and shall not be required beyond the age of * * *~~eight (8)~~ eighteen (18) years. No more than ten (10) hours per week shall be for the services of a licensed behavior analyst; however, all services must be provided under the supervision or direction of a licensed behavior analyst or licensed psychologist. Coverage for applied behavior analysis pursuant to an ongoing treatment plan may be extended beyond the limits provided in this subsection if medical necessity for the extension is determined to exist, or in the event of disagreement, the appeal rights under the applicable health insurance policy shall govern.

(6) Except for inpatient services, if an insured is receiving treatment for an autism spectrum disorder or a developmental or physical disability, an insurer shall have the right to review the treatment plan every six (6) months, unless the insurer and the insured's treating physician or psychologist agree that a more frequent review is necessary. The cost of obtaining any review of the treatment plan shall be borne by the insurer.

(7) This section shall not be construed to require an insurer to provide coverage for any services to an individual under an individualized family service plan, an individualized education program, or an individualized service plan, required by federal or state law to be performed by public schools, including, but not limited to, individualized education programs, special education services, Individuals with Disabilities Education Improvement Act programs, attention deficit-hyperactivity disorder classrooms, or autism spectrum disorder classrooms.

(8) Nothing in this section shall apply to nongrandfathered plans in the individual and small group markets that are required to include essential health benefits under the Patient Protection and Affordable Care Act or to Medicare supplement, accident-only, specified disease, hospital indemnity, disability income, long-term care, or other limited benefit hospital insurance policies.

(9) A small employer with one hundred (100) or fewer eligible employees that provides or offers a health insurance policy to its employees will offer coverage for the screening, diagnosis and treatment of autism spectrum disorder or a developmental or physical disability as provided in this section. The small employer may charge the plan participant with the cost of obtaining the additional coverage.

(10) In the event that any part of this legislation is rendered or declared invalid or unenforceable by a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions thereof, and they shall remain in full force and effect.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.