MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare
By: Senator(s) Bryan, Hill
AN ACT TO AMEND SECTION 83-9-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALTERNATIVE DELIVERY SYSTEMS AND GROUP HEALTH INSURANCE POLICIES, PLANS OR PROGRAMS REGULATED BY THE STATE OF MISSISSIPPI SHALL NOT DENY THE STATE DEPARTMENT OF HEALTH THE RIGHT TO PARTICIPATE AS A CONTRACT PROVIDER IF THE DEPARTMENT AGREES TO PROVIDE THE MENTAL HEALTH SERVICES THAT MEET THE TERMS OF REQUIREMENTS SET FORTH BY THE INSURER UNDER THE POLICY OR PLAN AND AGREES TO THE TERMS OF REIMBURSEMENT SET FORTH BY THE INSURER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-9-39, Mississippi Code of 1972, is amended as follows:
83-9-39. (1) (a) Except as otherwise provided herein, all alternative delivery systems and all group health insurance policies, plans or programs regulated by the State of Mississippi shall provide covered benefits for the treatment of mental illness, except for policies which only provide coverage for specified diseases and other limited benefit health insurance policies and negotiated labor contracts.
(b) Health insurance policies, plans or programs of any employer of one hundred (100) or fewer eligible employees and all individual health insurance policies which are regulated by the State of Mississippi which do not currently offer benefits for treatment of mental illness shall offer covered benefits for the treatment of mental illness, which must include the treatment of mental illness by (i) community mental health centers operated by a regional commission established under Section 41-19-33 or by (ii) a public or private entity under contract with a regional commission to operate the center, or (iii) the Mississippi State Department of Health, except for policies which only provide coverage for specified diseases and other limited benefit health insurance policies and negotiated labor contracts.
(c) Alternative delivery systems and group health insurance policies, plans or programs regulated by the State of Mississippi shall not deny any community mental health center or contract entity described in paragraph (b) of this subsection, including the Mississippi State Department of Health, the right to participate as a contract provider if the community mental health center or contract entity, or the Mississippi State Department of Health agrees to provide the mental health services that meet the terms of requirements set forth by the insurer under the policy or plan and agrees to the terms of reimbursement set forth by the insurer. Certification/licensure of all mental health providers by the Board of Mental Health in accordance with Section 41-4-7(r) shall be recognized by the insurer and shall not be used as a reason to deny any mental health provider the right to participate as a contract provider.
(2) Covered benefits for inpatient treatment of mental illness in insurance policies and other contracts subject to Sections 83-9-37 through 83-9-43 shall be limited to inpatient services certified as necessary by a health service provider.
(3) Covered benefits for outpatient treatment of mental illness in insurance policies and other contracts subject to Sections 83-9-37 through 83-9-43 shall be limited to outpatient services certified as necessary by a health service provider.
(4) Before an insured party may qualify to receive benefits under Sections 83-9-37 through 83-9-43, a health service provider shall certify that the individual is suffering from mental illness and refer the individual for the appropriate treatment.
(5) All mental illness, treatment or services with respect to such treatment eligible for health insurance coverage shall be subject to professional utilization and peer review procedures.
(6) The provisions of this section shall apply only to alternative delivery systems and individual and group health insurance policies, plans or programs issued or renewed after July 1, 1991.
(7) The exclusion period for coverage of a preexisting mental condition shall be the same period of time as that for other medical illnesses covered under the same plan, program or contract.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.