Bill Text: HI SCR85 | 2019 | Regular Session | Introduced


Bill Title: Requesting The Department Of Health To Convene A Mental Health And Substance Abuse Parity Working Group To Determine How The State Can Comply With And Exceed Federal Mental Health And Substance Abuse Parity Laws And Regulations.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2019-03-13 - Re-Referred to CPH. [SCR85 Detail]

Download: Hawaii-2019-SCR85-Introduced.html

THE SENATE

S.C.R. NO.

85

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

Requesting the Department of Health to Convene a mental health and substance abuse parity working group to determine how the state can comply with and exceed federal mental health and substance abuse parity laws and regulations.

 

 


     WHEREAS, the Legislature finds that treatment for behavioral health disorders in the State continues to be costlier and more difficult to obtain than general medical care; and

 

     WHEREAS, different financial limits and cost-sharing requirements, limits on coverage, providers, types, and duration of treatment, and other provisions constrain the level and quality of insured health care that is available to those with behavioral health issues; and

 

     WHEREAS, pursuant to the United States Department of the Treasury's interim final rules pertaining to the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, group health plans are prevented from imposing less favorable benefit limitations on mental health and substance abuse disorder benefits than on medical or surgical benefits; and

 

     WHEREAS, action by the State is required to achieve compliance with federal rules; and

 

     WHEREAS, updating the State's parity laws to comply with federal requirements presents an opportunity for the State to enact and implement parity laws that are even more comprehensive than the minimum required by the federal government; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the House of Representatives concurring, that the Director of Health is requested to convene a mental health and substance abuse parity working group to determine how the State can comply with and exceed federal mental health and substance abuse parity laws and regulations; and

 

     BE IT FURTHER RESOLVED that the working group is requested to include:

 

     (1)  The Director of Health, or the Director's designee, to co-chair the working group;

 

     (2)  The Attorney General, or the Attorney General's designee, to co-chair the working group;

 

     (3)  The Insurance Commissioner, or the Insurance Commissioner's designee;

 

     (4)  A representative designated by the Governor;

 

     (5)  A representative designated by the President of the Senate;

 

     (6)  A representative designated by the Speaker of the House of Representatives;

 

     (7)  A representative of the Alcohol and Drug Abuse Division of the Department of Health;

 

     (8)  A representative of the Adult Mental Health Division of the Department of Health;

 

     (9)  A representative of the Coalition for a Drug-Free Hawaii;

 

    (10)  A representative of Mental Health America of Hawaii;

 

    (11)  A representative of the Legal Aid Society of Hawaii;

 

    (12)  A representative from an entity operating a health plan in the State;

 

    (13)  A medical professional licensed under chapter 453, Hawaii Revised Statutes;

 

    (14)  A psychologist licensed under chapter 465, Hawaii Revised Statutes; and

 

    (15)  A clinical social worker licensed under chapter 467E, Hawaii Revised Statutes; and

 

BE IT FURTHER RESOLVED that the initial meeting of the working group be convened no later than July 1, 2019; and

 

     BE IT FURTHER RESOLVED that the working group is requested to examine:

 

     (1)  Special reports, including any updates to the special reports, that provide an analysis of the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 and relevant final rules;

 

     (2)  Provisions in national health care reform laws and regulation that affect behavioral health care, including:

 

          (A)  Provisions that interact with the Mental Health Parity and Addiction Equity Act of 2008; and

 

          (B)  Provisions that address the issue of affordability and lack of coordination of behavioral health care through the establishment of federally qualified behavioral health centers and co-location of primary and specialty care services with behavioral health services;

 

     (3)  The State's role and responsibilities in implementing the Mental Health Parity and Addiction Equity Act of 2008;

 

     (4)  Areas of state law not in compliance with federal mental health and substance abuse parity requirements or that are in compliance but where the working group sees opportunities to enhance the State's mental health and substance abuse parity laws; and

 

     (5)  Whether compliance with federal mental health and substance abuse parity requirements is sufficient to lower the high price of treatment for mental health and substance abuse patients with insurance; and

 

     BE IT FURTHER RESOLVED that the working group is requested to examine the following elements in the course of its research regarding the addition or enhancement of components of the State's mental health and substance abuse parity laws:

 

     (1)  Coverage options, including mandatory coverage of mental illnesses and substance abuse;

 

     (2)  Definitions of covered conditions and other terms necessary to implement the State's parity laws;

 

     (3)  Individual and small group plans;

 

     (4)  Financial and durational limits on treatment;

 

     (5)  Managed care;

 

     (6)  Out-of-network coverage;

 

     (7)  Adequacy of network provider panels;

 

     (8)  Prescription medications;

 

     (9)  Specific services for serious mental illness;

 

    (10)  Oversight of implementation; and

 

    (11)  Independent external review of claims; and

 

     BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations of any legislative or administrative action the working group deems appropriate, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that the working group be dissolved on June 30, 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Insurance Commissioner, Attorney General, Administrator of the Alcohol and Drug Abuse Division of the Department of Health, and Administrator of the Adult Mental Health Division of the Department of Health.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Mental Health and Substance Abuse Parity; Working Group

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