HB 410 - AS INTRODUCED
1997 SESSION
97-0937
08/02
HOUSE BILL 410
AN ACT allowing mental health counselors and marriage and family therapists to obtain third party payments for services rendered which would otherwise qualify for such payments.
SPONSORS: Rep. O'Rourke, Hills 39; Rep. Sargent, Hills 3; Rep. J. White, Hills 40
COMMITTEE: Commerce
ANALYSIS
This bill allows mental health counselors and marriage and family therapists to obtain third party payments for services rendered which would otherwise qualify for such payments.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
97-0937
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Seven
AN ACT allowing mental health counselors and marriage and family therapists to obtain third party payments for services rendered which would otherwise qualify for such payments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Eligibility for Third Party Payments; Certified Mental Health Counselors. Amend RSA 330-A:16-e to read as follows:
330-A:16-e Certified Mental Health Counselor.
I. The board shall issue a mental health counselor certificate to any person who meets all of the following requirements or their equivalent:
[I.](a) Has a master's degree or a doctorate degree in counseling from a regionally accredited institution whose graduate program meets the guidelines set forth by the National Academy of Certified Clinical Mental Health Counselors or the National Board for Certified Counselors, Inc. or has a master's degree or a doctorate degree with a concentration in the field of counseling or psychology from a regionally accredited institution. After July 1, 1995, the master's degree shall include at least a 2-year master's degree program with a minimum of 60 hours of graduate credit.
[II.](b) Has passed the national exam of the National Academy of Certified Clinical Mental Health Counselors or the National Board for Certified Counselors, Inc.
[III.](c) Has completed a minimum of 2 years of paid, post-master's experience in a mental health counseling setting, including completion of a minimum of 3,000 hours of supervised clinical work in no less than a 2-year period and no more than a 5-year period and whose supervision was supervised by a nationally certified or state certified mental health professional, and 100 hours of face-to-face supervision by a certified mental health professional.
II. Any mental health counselor certified pursuant to this section shall be qualified, in addition to any other qualifications earned as a result of certification pursuant to this section, to receive payments for services under RSA 415:18-a, RSA 419:5-a, and RSA 420:5-a.
2 Eligibility for Third Party Payments; Marriage and Family Therapists. Amend RSA 330-A:16-f to read as follows:
330-A:16-f Marriage and Family Therapist.
I. The board shall issue a marriage and family therapist certificate to any person who meets all of the following requirements or their equivalent:
[I.](a) Has a master's degree or a doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education or has a master's degree or a doctorate degree with a concentration in the field of marriage and family therapy from a regionally accredited institution or has clinical membership in the American Association of Marriage and Family Therapy.
[II.](b) Has passed the national exam of the Association for Marriage and Family Therapy Regulatory Boards.
[III.](c) Has completed a minimum of 2 years of post-master's experience in a mental health counseling setting, including completion of a minimum of 1,000 hours of supervised practice of marriage and family therapy under supervision approved by the American Association of Marriage and Family Therapy or the board of mental health practice, and the individual must have completed 200 hours of face-to-face supervision by a supervisor approved by the American Association of Marriage and Family Therapy or the board. Supervision standards shall be equivalent to an American Association of Marriage and Family Therapy approved supervisor or approved alternate supervision as defined by the American Association of Marriage and Family Therapy Commission on supervision.
II. Any marriage and family therapist certified pursuant to this section shall be qualified, in addition to any other qualifications earned as a result of certification pursuant to this section, to receive payments for services under RSA 415:18-a, RSA 419:5-a, and RSA 420:5-a.
3 Accident and Health Insurance; Certified Mental Health Counselors; Certified Marriage and Family Therapists. Amend RSA 415:18-a, I to read as follows:
I. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for expenses arising from the treatment of mental illnesses and emotional disorders which, in the professional judgment of psychiatrists, psychologists, licensed pastoral counselors, psychiatric/mental health advanced registered nurse practitioners, certified mental health counselors, certified marriage and family therapists, and certified clinical social workers, are subject to significant improvement through short-term therapy, and benefits for expenses arising from diagnosis and evaluation of all other mental illnesses and emotional disorders. Such benefits shall be at least as favorable to the certificate holder as the minimum benefits specified in paragraphs II, III and IV.
4 Accidental and Health Insurance; Certified Mental Health Counselors; Certified Marriage and Family Therapists. Amend RSA 415:18-a, III(a) to read as follows:
(a) Benefits for services of a psychiatrist, psychologist, licensed pastoral counselor, psychiatric/mental health advanced registered nurse practitioner, certified mental health counselor, certified marriage and family therapist, or certified clinical social worker who customarily bills patients directly shall be subject to terms and conditions at least as favorable as those which apply to the benefits for the services of physicians for other illnesses, and the ratio of the benefits to the fees reasonably and customarily charged for the services of such psychiatrists, psychologists, licensed pastoral counselors, psychiatric/mental health advanced registered nurse practitioners, certified mental health counselors, certified marriage and family therapists, or certified clinical social workers shall be substantially the same as the ratio of the benefits for services of physicians for other illnesses to the fees reasonably and customarily charged for the services of such physicians for other illnesses.
5 Accident and Health Insurance; Certified Mental Health Counselors; Certified Marriage and Family Therapists. Amend RSA 415:18-a, IV to read as follows:
IV. In the case of policies or certificates providing benefits for hospital and medical expenses on a major medical basis, benefits shall be subject to deductibles and coinsurance at least as favorable as those which apply to the benefits for any other illness, provided that benefits payable for expenses incurred in any consecutive 12-month period may be limited to an amount not less than $3,000 per covered individual, and to a lifetime maximum of not less than $10,000 per covered individual. In this paragraph, covered major medical expenses include the reasonable charges for services and treatment on an inpatient, outpatient or partial hospitalization basis by a psychiatrist, a psychologist, a licensed pastoral counselor, a psychiatric/mental health advanced registered nurse practitioner, a certified mental health counselor, certified marriage and family therapist, a certified clinical social worker, a licensed general hospital, a public or licensed mental hospital, or a community mental health center or psychiatric residential program approved according to rules adopted by the commissioner of the department of health and human services.
6 New Subparagraphs; Definitions; Certified Mental Health Counselor; Certified Marriage and Family Therapist. Amend RSA 415:18-a, V by inserting after subparagraph (e) the following new subparagraphs:
(f) "Certified mental health counselor" means an individual who is certified as a mental health counselor under RSA 330-A:16-e.
(g) "Certified marriage and family therapist" means an individual who is certified as a marriage and family therapist under RSA 330-A:16-f.
7 Hospital Service Corporations; Certified Mental Health Counselors; Certified Marriage and Family Therapists. Amend RSA 419:5-a, I to read as follows:
I. Every hospital service corporation, and every other similar corporation licensed under the laws of another state, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for expenses arising from the treatment of mental illnesses and emotional disorders which, in the professional judgment of psychiatrists, psychologists, licensed pastoral counselors, psychiatric/mental health advanced registered nurse practitioners, certified mental health counselors, certified marriage and family therapists, and certified clinical social workers, are subject to significant improvement through short-term therapy, and benefits for expenses arising from diagnosis and evaluation of all other mental illnesses and emotional disorders. Such benefits shall be at least as favorable to the certificate holder as the minimum benefits specified in RSA 419:5-a, II and III.
8 Hospital Service Corporations; Certified Mental Health Counselors; Certified Marriage and Family Therapist. Amend RSA 419:5-a, III to read as follows:
III. In the case of policies or certificates providing benefits for hospital expenses on a major medical basis, benefits shall be subject to deductibles and coinsurance at least as favorable as those which apply to the benefits for any other illness, provided that benefits payable for expenses incurred in any consecutive 12-month period may be limited to an amount not less than $3,000 per covered individual, and to a lifetime maximum of not less than $10,000 per covered individual. If such a policy or certificate is issued jointly with a medical service corporation licensed under RSA 420 or a health service corporation licensed under RSA 420-A, the limit on benefits payable for expenses incurred by any covered individual in any consecutive 12-month period and the limit on lifetime benefits may apply to the total benefits for mental illnesses and emotional disorders provided under such policy or certificate for such individual. In this paragraph, covered major medical expenses include the reasonable charges for services and treatment on an inpatient, outpatient or partial hospitalization basis by a licensed general hospital, a public or licensed mental hospital, or a community mental health center or psychiatric residential program approved according to rules adopted by the commissioner of the department of health and human services; except that such expenses may exclude charges arising from the professional services of a psychiatrist, a psychologist, a psychiatric/mental health advanced registered nurse practitioner, a certified mental health counselor, a certified marriage and family therapist, a certified clinical social worker, or a licensed pastoral counselor who customarily bills patients directly rather than to a hospital, community mental health center or psychiatric residential program.
9 New Subparagraphs; Hospital Service Corporations; Definitions; Certified Mental Health Counselor; Certified Marriage and Family Therapist. Amend RSA 419:5-a, IV by inserting after subparagraph (e) the following new subparagraphs:
(f) "Certified mental health counselor" means an individual who is certified as a mental health counselor under RSA 330-A:16-e.
(g) "Certified marriage and family therapist" means an individual who is certified as a marriage and family therapist under RSA 330-A:16-f.
10 Medical Service Corporations; Certified Mental Health Counselors; Certified Marriage and Family Therapists. Amend RSA 420:5-a, I to read as follows:
I. Every medical service corporation, and every other similar corporation licensed under the laws of another state, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for expenses arising from the treatment of mental illnesses and emotional disorders which, in the professional judgment of psychiatrists, psychologists, licensed pastoral counselors, psychiatric/mental health advanced registered nurse practitioners, certified mental health counselors, certified marriage and family therapists, and certified clinical social workers are subject to significant improvement through short-term therapy, and benefits for expenses arising from diagnosis and evaluation of all other mental illnesses and emotional disorders. Such benefits shall be at least as favorable to the certificate holder as the minimum benefits specified in RSA 420:5-a, II and III.
11 Medical Service Corporations; Certified Mental Health Counselor; Certified Marriage and Family Therapist. Amend RSA 420:5-a, II(a) to read as follows:
(a) Benefits for services of a psychiatrist, psychologist, licensed pastoral counselor, psychiatric/mental health advanced registered nurse practitioner, certified mental health counselor, certified marriage and family therapist, or certified clinical social worker who customarily bills patients directly shall be subject to terms and conditions at least as favorable as those which apply to the benefits for the services of physicians for other illnesses, and the ratio of the benefits to the fees reasonably and customarily charged for the services of such psychiatrists, psychologists, licensed pastoral counselors, psychiatric/mental health advanced registered nurse practitioners, certified mental health counselors, certified marriage and family therapists, or certified clinical social workers shall be substantially the same as the ratio of the benefits for services of physicians for other illnesses to the fees reasonably and customarily charged for the services of such physicians for other illnesses.
12 Medical Service Corporations; Certified Mental Health Counselor; Certified Marriage and Family Therapist. Amend RSA 420:5-a, III to read as follows:
III. In the case of policies or certificates providing benefits for medical expenses on a major medical basis, benefits shall be subject to deductibles and coinsurance at least as favorable as those which apply to the benefits for any other illness, provided that benefits payable for expenses incurred in any consecutive 12-month period may be limited to an amount not less than $3,000 per covered individual, and to a lifetime maximum of not less than $10,000 per covered individual. If such a policy or certificate is issued jointly with a hospital service corporation licensed under RSA 419 or a health service corporation licensed under RSA 420-A, the limit on benefits payable for expenses incurred by any covered individual in any consecutive 12-month period and the limit on lifetime benefits may apply to the total benefits for mental illnesses and emotional disorders provided under such policy or certificate for such individual. In this paragraph, covered major medical expenses include the reasonable charges of a psychiatrist, psychologist, licensed pastoral counselor, psychiatric/mental health advanced registered nurse practitioner, certified mental health counselor, certified marriage and family therapist, or certified clinical social worker who customarily bills patients directly.
13 New Subparagraphs; Medical Service Corporations; Definitions; Certified Mental Health Counselor, Certified Marriage and Family Therapist. Amend RSA 420:5-a, IV by inserting after subparagraph (e) the following new subparagraphs:
(f) "Certified mental health counselor" means an individual who is certified as a mental health counselor under RSA 330-A:16-e.
(g) "Certified marriage and family therapist" means an individual who is certified as a marriage and family therapist under RSA 330-A:16-f.
14 Effective Date. This act shall take effect January 1, 1998.