(Corrected)
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 547
By Committee on Financial Institutions and
Insurance
2-2
11 AN ACT
concerning insurance; providing coverage for certain mental
12 health
conditions; amending K.S.A. 1999 Supp. 40-2,103 and
repealing
13 the existing
section authorizing gynecological care under
certain
14 circumstances
without visiting a primary care provider.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 New Section
1. (a) From and after January 1, 2001, the state health
18 benefits program established by K.S.A.
75-6101 et seq., and amendments
19 thereto, shall provide a program of
insurance which provides coverage
20 for diagnosis and treatment of mental
illnesses under terms and condi-
21 tions no less extensive than coverage for
any other type of health care.
22 (b) For the
purposes of this act, ``mental illness'' means the following:
23 Schizophrenia, schizoaffective disorder,
bipolar disorder, major depres-
24 sive disorder, specific
obsessive compulsive disorder and panic disorder
25 as such terms are defined in the diagnostic
and statistical manual of men-
26 tal disorders, fourth edition, (DSM-IV,
1994) of the American psychiatric
27 association but shall not include
conditions not attributable to a mental
28 disorder that are a focus of attention or
treatment.
29 New Sec.
2. (a) Any individual or group health insurance
policy,
30 medical service plan, contract,
hospital service corporation contract, hos-
31 pital and medical service
corporation contract, fraternal benefit society
32 or health maintenance organization
which provides coverage for mental
33 health benefits and which is
delivered, issued for delivery, amended or
34 renewed on or after January 1,
2002, shall include coverage for diagnosis
35 and treatment of mental illnesses
under terms and conditions no less
36 extensive than coverage for any
other type of health care.
37 (b) For
the purposes of this act, ``mental illness'' means the
following:
38 Schizophrenia, schizoaffective
disorder, bipolar disorder, major depres-
39 sive disorder, specific obsessive
compulsive disorder and panic disorder
40 as such terms are defined in the
diagnostic and statistical manual of men-
41 tal disorders, fourth edition,
(DSM-IV, 1994) of the American psychiatric
42 association but shall not include
conditions not attributable to a mental
43 disorder that are a focus of
attention or treatment.
44 (c) The
provisions of this section shall be applicable to health main-
2
1 tenance organizations organized under
article 32 of chapter 40 of the
2 Kansas Statutes Annotated
contracting with the state to provide
3 health care
benefits.
4
(d) The provisions of this section shall not apply to
any medicare
5 supplement policy of
insurance, as defined by the commissioner of in-
6 surance by rule and
regulation.
7
(e) The provisions of this section shall be applicable to the
Kansas
8 state employees health care
benefits program and municipal funded
9 pools.
10 (f) The
provisions of this section shall not apply to any policy or
cer-
11 tificate which provides coverage
for any specified disease, specified ac-
12 cident or accident only coverage,
credit, dental, disability income, hospital
13 indemnity, long-term care insurance
as defined by K.S.A. 1999 Supp. 40-
14 2227 and amendments thereto, vision
care or any other limited supple-
15 mental benefit nor to any medicare
supplement policy of insurance as
16 defined by the commissioner of
insurance by rule and regulation, any
17 coverage issued as a supplement to
liability insurance, workers' compen-
18 sation or similar insurance,
automobile medical-payment insurance or any
19 insurance under which benefits are
payable with or without regard to
20 fault, whether written on a group,
blanket or individual basis.
21
(g) From and after January 1,
2002 2001, the provisions of
K.S.A.
22 40-2,105, and amendments thereto, shall not
apply to mental illnesses as
23 defined in this act.
24 New Sec.
3. The Sec.
2. Except as provided in section 3, and
25 amendments thereto, the
provisions of this act shall be implemented as
26 required by K.S.A. 1999 Supp. 40-2249a.
27 Sec.
4. K.S.A. 1999 Supp. 40-2,103 is hereby amended to read
as
28 follows: 40-2,103. The requirements
of K.S.A. 40-2,100, 40-2,101, 40-
29 2,102, 40-2,104, 40-2,105, 40-2,114
and 40-2250, and amendments
30 thereto and K.S.A. 1999 Supp.
40-2,160 and 40-2,165 through 40-2,170
31 and section
2, and amendments thereto, shall apply to all
insurance pol-
32 icies, subscriber contracts or
certificates of insurance delivered, renewed
33 or issued for delivery within or
outside of this state or used within this
34 state by or for an individual who
resides or is employed in this state.
35 Sec. 5. K.S.A. 1999
Supp. 40-2,103 is hereby repealed.
36 Sec.
3. (a) Each health insurer shall permit a woman
insured
37 by the health insurer to visit an
in-network obstetrician or gyne-
38 cologist for routine gynecological
care from an in-network obste-
39 trician or gynecologist at least one
time each calendar year without
40 requiring such woman to first visit a
primary care provider, so long
41 as:
42 (1) The
care is medically necessary, including, but not limited
43 to, care that is routine;
3
1
(2) following each visit for gynecological care, the
obstetrician
2 or gynecologist communicates
with such woman's primary care pro-
3 vider concerning any diagnosis
or treatment rendered; and
4
(3) the obstetrician or gynecologist confers with such
woman's
5 primary care provider before
performing any diagnostic procedure
6 that is not routine
gynecological care rendered during any such
7 visit.
8
(b) This section shall be part of and supplemental to the
patient
9 protection act, cited at K.S.A.
1999 Supp. 40-4601 et seq.,
and
10 amendments thereto.
11 (c) The
provisions of K.S.A. 1999 Supp. 40-2249a and amend-
12 ments thereto shall not apply to the
provisions of this section.
13 Sec. 6.
4. This act shall take effect and be in force
from and after its
14 publication in the statute book.