Report Title:

Mental Health and Substance Abuse Insurance; Parity

Description:

Makes permanent amendments made in Act 243, SLH 2000, relating to nondiscrimination in premium rates by removing the sunset date. Amends the definition of "serious mental illness." (HB259 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

259

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MENTAL HEALTH AND ALCOHOL AND DRUG ABUSE TREATMENT INSURANCE BENEFITS.

 

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

SECTION 1. Chapter 431M, Hawaii Revised Statutes (HRS), relating to mental health and alcohol and drug abuse treatment insurance benefits, was enacted by Act 202, Session Laws of Hawaii (SLH) 1988, and was to be repealed on July 1, 1994. The sunset provision was subsequently extended twice until finally repealed by Act 239, SLH 2002, thereby making chapter 431M permanent.

Act 121, SLH 1999, amended section 431M-5, HRS, to require parity in health insurance plans for serious mental illness benefits as applied to other medical or surgical conditions. This amendment was to sunset on July 1, 2005, but the sunset date was moved up to June 30, 2003, by Act 243, SLH 2000. Act 243 also made clarifying amendments to section 431M-5, HRS, which are to be repealed on June 30, 2003.

The legislature finds that the parity provision of section 431M-5, HRS, should be made permanent, to be consistent with making permanent chapter 431M, HRS. Accordingly, the purpose of this Act is to make the requirement for parity in mental health insurance benefits permanent.

SECTION 2. Section 431M-1, Hawaii Revised Statutes, is amended by amending the definition of ″serious mental illness″ to read as follows:

""Serious mental illness″ means a disorder which is of sufficient severity to result in substantial interference with the activities of daily living, consisting of one of the following: schizophrenia, schizo-affective disorder, [and] delusional disorder, major depression, bipolar [mood disorder,] types I and II, obsessive compulsive disorder, and dissociative disorder as defined in the most recent version of the Diagnostic and Statistical Manual of the American Psychiatric Association[, which is of sufficient severity to result in substantial interference with the activities of daily living].″

SECTION 3. Act 243, Session Laws of Hawaii 2000, is amended by amending section 8(2) to read as follows:

"2. By amending section 6 to read:

"SECTION 6. This Act shall take effect on July 1, 1999; provided that insurance, health, or service plan contracts subject to the terms of this Act and issued or renewed after December 31, 1999, shall be amended to be consistent with this Act[; and provided further that this Act shall be repealed on June 30, 2003].""

SECTION 4. Act 243, Session Laws of Hawaii 2000, is amended by amending section 11 to read as follows:

″SECTION 11. This Act shall take effect on July 1, 2001; provided that[:

(1) Sections] sections 6, 7, and 8 shall take effect upon approval[; and

(2) Sections 6 and 7 shall be repealed on June 30, 2003; and sections 431:2-216 and 431M-5, Hawaii Revised Statutes, are reenacted in the form in which they read on the day before approval of this Act].″

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.