MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Insurance

By: Senator(s) Kirby

AN ACT TO AMEND SECTION 83-9-46, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND PLANS TO PROVIDE COVERAGE FOR DIABETES TREATMENTS AND MEDICATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 83-9-46, Mississippi Code of 1972, is amended as follows:

83-9-46. (1) Except as otherwise provided herein, from and after July 1, 2001, all individual and group health insurance policies or plans, pooled risk policies and all other forms of managed/capitated care plans or policies regulated by the State of Mississippi shall provide coverage for diabetes treatments, including * * * equipment, podiatric appliances for the prevention of complications associated with diabetes, medications approved by the federal Food and Drug Administration (FDA), supplies used in connection with the monitoring of blood glucose and insulin administration, including those for the visually impaired, and self-management training/education and medical nutrition therapy in an outpatient, inpatient or home health setting.  * * * The coverage shall include treatment of all forms of diabetes, including, but not limited to, Type I, Type II, Gestational and all secondary forms of diabetes regardless of mode of treatment if such treatment is prescribed by a health care professional legally authorized to prescribe such treatment and regardless of the age of onset or duration of the disease. Such health insurance plans and policies shall not reduce, eliminate or delay coverage due to the requirements of this section.

(2) The services provided in an outpatient, inpatient or home health setting shall be provided by a Certified Diabetes Educator (CDE), who is appropriately certified, licensed or registered to practice in the State of Mississippi. Medical nutrition therapy shall be provided by a Registered Dietician (RD) appropriately licensed to practice in the State of Mississippi. All services shall be based on nationally recognized standards including, but not limited to, the American Diabetes Association Practice Guidelines.

(3) The benefits provided in this section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given policy.

(4) The Commissioner of Insurance shall enforce the provisions of this section.

(5) Nothing in this section shall apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care or other limited benefit health insurance policies.

SECTION 2. This act shall take effect and be in force from and after its passage.