CHAPTER 337

SB 373 - FINAL VERSION

02/16/2022   0464s

2022 SESSION

22-3070

11/08

SENATE BILL 373

AN ACT relative to coverage for certain mental illnesses.

SPONSORS: Sen. Bradley, Dist 3; Rep. Potucek, Rock. 6

COMMITTEE: Health and Human Services

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ANALYSIS

This bill requires submission of the federal comparative analysis for certain mental illnesses and removes the mandate for rules to regulate this type of specific insurance coverage.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/16/2022   0464s 22-3070

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to coverage for certain mental illnesses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

337:1  Coverage for Certain Biologically-Based Mental Illnesses.  Amend RSA 417-E:1, V-a to read as follows:

V-a.  [Under examination authority in RSA 400-A:37, the] The commissioner shall periodically [examine and evaluate] require health insurers, health service corporations, and health maintenance organizations to submit the comparative analysis described in 42 U.S.C. section 300gg-26(a)(8)(A) for review to ensure compliance with this chapter and with the Act.  To the extent allowable under state and federal law, such analysis shall be made public.  [Such examination and evaluation shall include provider reimbursement practices.  The result of such examinations and evaluations shall be made public to the fullest extent allowed under RSA 400-A:37.]

337:2  Coverage for Treatment of Pervasive Developmental Disorder or Autism.  Amend RSA 417-E:2, III-V to read as follows:

III.  [The policy, contract, or certificate may limit coverage for applied behavior analysis to $36,000 per year for children 0 to 12 years of age, and $27,000 from ages 13 to 21.  An insurer may not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph.

IV.]  Nothing in this section shall be construed to affect any obligation by a school district or the state of New Hampshire to provide services to an individual under an individualized family service plan or an individualized education program, as required under the federal Individuals With Disabilities Education Act, the state children's health insurance program authorized by 42 U.S.C. section 1397aa et seq., or the provision of services to an individual under any other federal or state law.

[V.] IV.  The commissioner [shall] may adopt rules, pursuant to RSA 541-A, relative to the insurance coverage requirements established under this section.

337:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: July 25, 2022

Effective Date: September 23, 2022