2025 -- H 5432 SUBSTITUTE A

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LC000796/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENTAL ILLNESS AND

SUBSTANCE USE DISORDERS

     

     Introduced By: Representatives Tanzi, Morales, Spears, McGaw, Handy, Fogarty, Ajello,
McEntee, Knight, and Stewart

     Date Introduced: February 12, 2025

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 27-38.2-1 of the General Laws in Chapter 27-38.2 entitled "Insurance

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Coverage for Mental Illness and Substance Use Disorders" is hereby amended to read as follows:

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     27-38.2-1. Coverage for treatment of mental health and substance use disorders.

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     (a) A group health plan and an individual or group health insurance plan shall provide

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coverage for the treatment of mental health and substance use disorders under the same terms and

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conditions as that coverage is provided for other illnesses and diseases.

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     (b) Coverage for the treatment of mental health and substance use disorders shall not

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impose any annual or lifetime dollar limitation.

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     (c) Financial requirements and quantitative treatment limitations on coverage for the

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treatment of mental health and substance use disorders shall be no more restrictive than the

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predominant financial requirements applied to substantially all coverage for medical conditions in

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each treatment classification.

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     (d) Coverage shall not impose non-quantitative treatment limitations for the treatment of

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mental health and substance use disorders unless the processes, strategies, evidentiary standards,

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or other factors used in applying the non-quantitative treatment limitation, as written and in

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operation, are comparable to, and are applied no more stringently than, the processes, strategies,

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evidentiary standards, or other factors used in applying the limitation with respect to

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medical/surgical benefits in the classification.

 

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     (e) The following classifications shall be used to apply the coverage requirements of this

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chapter: (1) Inpatient, in-network; (2) Inpatient, out-of-network; (3) Outpatient, in-network; (4)

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Outpatient, out-of-network; (5) Emergency care; and (6) Prescription drugs.

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     (f) Medication-assisted treatment or medication-assisted maintenance services of substance

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use disorders, opioid overdoses, and chronic addiction, including methadone, buprenorphine,

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naltrexone, or other clinically appropriate medications, is included within the appropriate

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classification based on the site of the service.

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     (g) Payors shall rely upon the criteria of the American Society of Addiction Medicine when

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developing coverage for levels of care for substance use disorder treatment.

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     (h) Patients with substance use disorders shall have access to evidence-based, non-opioid

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treatment for pain, therefore coverage shall apply to medically necessary chiropractic care and

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osteopathic manipulative treatment performed by an individual licensed under § 5-37-2.

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     (i) Parity of cost-sharing requirements. Regardless of the professional license of the

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provider of care, if that care is consistent with the provider’s scope of practice and the health plan’s

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credentialing and contracting provisions, cost sharing for behavioral health counseling visits and

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medication maintenance visits shall be consistent with the cost sharing applied to primary care

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office visits.

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     (j) No health insurers shall require prior authorization, for in-network inpatient and in-

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network outpatient mental health or substance use disorder services. The office of the health

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insurance commissioner shall promulgate rules and regulations and conduct oversight and

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enforcement actions necessary to implement this subsection, including the imposition of fines for

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violations.

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     SECTION 2. This act shall take effect on January 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENTAL ILLNESS AND

SUBSTANCE USE DISORDERS

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     This act would prohibit health insurance providers from requiring preauthorization for in-

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network mental health or substance use disorder services.

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     This act would take effect on January 1, 2026.

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