House Bill 90

AN ACT TO AMEND SECTION 41-87-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE USE OF PRIVATE HEALTH INSURANCE TO PAY FOR SERVICES PROVIDED UNDER PART C OF THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) SHALL NOT COUNT TOWARDS OR RESULT IN A LOSS OF BENEFITS DUE TO THE ANNUAL HEALTH INSURANCE COVERAGE CAPS FOR THE INFANT OR TODDLER WITH A DISABILITY, THE PARENT OR THE CHILD'S FAMILY MEMBERS COVERED UNDER THAT HEALTH INSURANCE POLICY, OR NEGATIVELY AFFECT THE AVAILABILITY OF HEALTH INSURANCE TO, OR BE THE BASIS FOR INCREASING THE HEALTH INSURANCE PREMIUMS OF THOSE PERSONS COVERED UNDER THAT HEALTH INSURANCE POLICY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-87-13, Mississippi Code of 1972, is amended as follows:

41-87-13. (1) Upon full implementation of the early intervention system, eligible infants and toddlers and their families shall receive the following, at no cost to the parents:

(a) A comprehensive multidisciplinary evaluation and assessment of the needs of the infant and toddler and the concerns, priorities and resources of the family, and the identification of services to meet such needs;

(b) An explanation of the assessment and all service options in the family's native language or through an interpreter for the deaf, if necessary, accommodating cultural differences;

(c) A written individualized family service plan developed according to the federal Part C regulations and the state guidelines and the recommendations by a multidisciplinary team with the parents as fully participating members of the team;

(d) Case management/service coordination services; and

(e) Procedural safeguards as outlined in state policy and according to the regulations.

(2) The individualized family service plan shall serve as the singular comprehensive service plan for all agencies involved in providing early intervention services to the infant or toddler and the family. Service plans from other agencies should be incorporated into the individualized family service plan on an individual basis.

(3) The contents of the individualized family service plan shall be fully explained to the parents or guardian, and informed written consent from such parents or guardian shall be obtained before the provision of early intervention services described in such plan. If such parents or guardian do not provide consent with respect to a particular early intervention service, then the early intervention services to which such consent is obtained shall be provided.

(4) The use of private health insurance to pay for services provided under Part C of the federal Individuals with Disabilities Education Act (IDEA) and its implementing regulations shall not:

(a) Count towards or result in a loss of benefits due to the annual health insurance coverage caps for the infant or toddler with a disability, the parent or the child's family members who are covered under that health insurance policy;

(b) Negatively affect the availability of health insurance to the infant or toddler with a disability, the parent or the child's family members who are covered under that health insurance policy, and health insurance coverage may not be discontinued for those individuals due to the use of the health insurance to pay for services under Part C of IDEA; or

(c) Be the basis for increasing the health insurance premiums of the infant or toddler with a disability, the parent or the child's family members covered under that health insurance policy.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.