40-2,105a.Kansas mental health parity act;insurance coverage for services rendered in the treatment of mentalillnesses, alcoholism, drug abuse or substance use disorders;limitations.(a) (1) Any group health insurance policy,medical service plan, contract, hospital service corporation contract, hospitaland medical service corporation contract, fraternal benefit society or healthmaintenance organization which provides medical, surgical or hospitalexpense coverage shall include, coverage for diagnosis and treatmentofmentalillnesses and alcoholism, drug abuse or other substance usedisorders. Reimbursement or indemnity shall be provided for treatment in amedical care facility licensed under the provisions of K.S.A. 65-429, andamendments thereto, treatment facilities licensed under K.S.A. 65-4605, andamendments thereto, a community mental health center or clinic licensed underthe provisions of K.S.A. 75-3307b, and amendments thereto, a psychiatrichospital licensed under the provisions of K.S.A. 75-3307b, and amendmentsthereto, or by a physician or psychologist licensed to practice under the lawsof the state of Kansas.Such coverage shall be subject to the same deductibles, copayments,coinsurance, out-of-pocket expenses, treatment limitations and otherlimitations as apply to other covered services.
(2) The coverage shall include treatment forin-patient care and out-patient care for mental illness, alcoholism, drug abuseor substance use disorders.
(b) For the purposes of this section, "mental illness, alcoholism,drug abuse or substance use" means any disorder as suchterms are defined in the diagnostic and statistical manual of mental disorders,fourth edition, (DSM-IV, 1994) of the American psychiatric association.
(c) The provisions of this section shall be applicable tohealthmaintenance organizations organized under article 32 of chapter 40 of theKansas Statutes Annotated.
(d) The provisions of this section shall not apply to anysmall employer group policy, as defined under K.S.A. 40-2209, and amendmentsthereto, providing medical, surgical or hospital expense coverage or to anymedicaresupplement policy of insurance, as defined by the commissioner of insurance byrule and regulation.
(e) The provisions of this section shall beapplicable to the Kansas state employees health care benefits program andmunicipal funded pools.
(f) The provisions of this section shall not apply to anypolicy orcertificate which provides coverage for any specified disease, specifiedaccident or accident only coverage, credit, dental, disability income, hospitalindemnity, long-term care insurance as defined by K.S.A. 40-2227, andamendmentsthereto, vision care or any other limited supplemental benefit nor to anymedicare supplement policy of insurance as defined by the commissioner ofinsurance by rule and regulation, any coverage issued as a supplement toliability insurance, workers compensation or similar insurance, automobilemedical-payment insurance or any insurance under which benefitsare payable with or without regard to fault, whether written on a group,blanket or individual basis.
(g) Treatment limitations include limits on the frequency of treatment,number of visits, days of coverage or other similar limits on the scope orduration of treatment.
(h) There shall be no coverage under the provisions of this section for anyassessment against any person required by a diversion agreement or by order ofa court to attend an alcohol and drug safety action program certified pursuantto K.S.A. 8-1008, and amendments thereto, or for evaluations and diagnostictests ordered or requested in connection with criminal actions, divorce, childcustody or child visitation proceedings.
(i) Utilization review for mental illness shall be consistent with provisionsin K.S.A. 40-22a01 through 40-22a12, and amendments thereto.
History: L. 2001, ch. 178, § 1;L. 2009, ch. 136, § 8; July 1.
40-2,105a.Kansas mental health parity act;insurance coverage for services rendered in the treatment of mentalillnesses, alcoholism, drug abuse or substance use disorders;limitations.(a) (1) Any group health insurance policy,medical service plan, contract, hospital service corporation contract, hospitaland medical service corporation contract, fraternal benefit society or healthmaintenance organization which provides medical, surgical or hospitalexpense coverage shall include, coverage for diagnosis and treatmentofmentalillnesses and alcoholism, drug abuse or other substance usedisorders. Reimbursement or indemnity shall be provided for treatment in amedical care facility licensed under the provisions of K.S.A. 65-429, andamendments thereto, treatment facilities licensed under K.S.A. 65-4605, andamendments thereto, a community mental health center or clinic licensed underthe provisions of K.S.A. 75-3307b, and amendments thereto, a psychiatrichospital licensed under the provisions of K.S.A. 75-3307b, and amendmentsthereto, or by a physician or psychologist licensed to practice under the lawsof the state of Kansas.Such coverage shall be subject to the same deductibles, copayments,coinsurance, out-of-pocket expenses, treatment limitations and otherlimitations as apply to other covered services.
(2) The coverage shall include treatment forin-patient care and out-patient care for mental illness, alcoholism, drug abuseor substance use disorders.
(b) For the purposes of this section, "mental illness, alcoholism,drug abuse or substance use" means any disorder as suchterms are defined in the diagnostic and statistical manual of mental disorders,fourth edition, (DSM-IV, 1994) of the American psychiatric association.
(c) The provisions of this section shall be applicable tohealthmaintenance organizations organized under article 32 of chapter 40 of theKansas Statutes Annotated.
(d) The provisions of this section shall not apply to anysmall employer group policy, as defined under K.S.A. 40-2209, and amendmentsthereto, providing medical, surgical or hospital expense coverage or to anymedicaresupplement policy of insurance, as defined by the commissioner of insurance byrule and regulation.
(e) The provisions of this section shall beapplicable to the Kansas state employees health care benefits program andmunicipal funded pools.
(f) The provisions of this section shall not apply to anypolicy orcertificate which provides coverage for any specified disease, specifiedaccident or accident only coverage, credit, dental, disability income, hospitalindemnity, long-term care insurance as defined by K.S.A. 40-2227, andamendmentsthereto, vision care or any other limited supplemental benefit nor to anymedicare supplement policy of insurance as defined by the commissioner ofinsurance by rule and regulation, any coverage issued as a supplement toliability insurance, workers compensation or similar insurance, automobilemedical-payment insurance or any insurance under which benefitsare payable with or without regard to fault, whether written on a group,blanket or individual basis.
(g) Treatment limitations include limits on the frequency of treatment,number of visits, days of coverage or other similar limits on the scope orduration of treatment.
(h) There shall be no coverage under the provisions of this section for anyassessment against any person required by a diversion agreement or by order ofa court to attend an alcohol and drug safety action program certified pursuantto K.S.A. 8-1008, and amendments thereto, or for evaluations and diagnostictests ordered or requested in connection with criminal actions, divorce, childcustody or child visitation proceedings.
(i) Utilization review for mental illness shall be consistent with provisionsin K.S.A. 40-22a01 through 40-22a12, and amendments thereto.
History: L. 2001, ch. 178, § 1;L. 2009, ch. 136, § 8; July 1.
40-2,105a.Kansas mental health parity act;insurance coverage for services rendered in the treatment of mentalillnesses, alcoholism, drug abuse or substance use disorders;limitations.(a) (1) Any group health insurance policy,medical service plan, contract, hospital service corporation contract, hospitaland medical service corporation contract, fraternal benefit society or healthmaintenance organization which provides medical, surgical or hospitalexpense coverage shall include, coverage for diagnosis and treatmentofmentalillnesses and alcoholism, drug abuse or other substance usedisorders. Reimbursement or indemnity shall be provided for treatment in amedical care facility licensed under the provisions of K.S.A. 65-429, andamendments thereto, treatment facilities licensed under K.S.A. 65-4605, andamendments thereto, a community mental health center or clinic licensed underthe provisions of K.S.A. 75-3307b, and amendments thereto, a psychiatrichospital licensed under the provisions of K.S.A. 75-3307b, and amendmentsthereto, or by a physician or psychologist licensed to practice under the lawsof the state of Kansas.Such coverage shall be subject to the same deductibles, copayments,coinsurance, out-of-pocket expenses, treatment limitations and otherlimitations as apply to other covered services.
(2) The coverage shall include treatment forin-patient care and out-patient care for mental illness, alcoholism, drug abuseor substance use disorders.
(b) For the purposes of this section, "mental illness, alcoholism,drug abuse or substance use" means any disorder as suchterms are defined in the diagnostic and statistical manual of mental disorders,fourth edition, (DSM-IV, 1994) of the American psychiatric association.
(c) The provisions of this section shall be applicable tohealthmaintenance organizations organized under article 32 of chapter 40 of theKansas Statutes Annotated.
(d) The provisions of this section shall not apply to anysmall employer group policy, as defined under K.S.A. 40-2209, and amendmentsthereto, providing medical, surgical or hospital expense coverage or to anymedicaresupplement policy of insurance, as defined by the commissioner of insurance byrule and regulation.
(e) The provisions of this section shall beapplicable to the Kansas state employees health care benefits program andmunicipal funded pools.
(f) The provisions of this section shall not apply to anypolicy orcertificate which provides coverage for any specified disease, specifiedaccident or accident only coverage, credit, dental, disability income, hospitalindemnity, long-term care insurance as defined by K.S.A. 40-2227, andamendmentsthereto, vision care or any other limited supplemental benefit nor to anymedicare supplement policy of insurance as defined by the commissioner ofinsurance by rule and regulation, any coverage issued as a supplement toliability insurance, workers compensation or similar insurance, automobilemedical-payment insurance or any insurance under which benefitsare payable with or without regard to fault, whether written on a group,blanket or individual basis.
(g) Treatment limitations include limits on the frequency of treatment,number of visits, days of coverage or other similar limits on the scope orduration of treatment.
(h) There shall be no coverage under the provisions of this section for anyassessment against any person required by a diversion agreement or by order ofa court to attend an alcohol and drug safety action program certified pursuantto K.S.A. 8-1008, and amendments thereto, or for evaluations and diagnostictests ordered or requested in connection with criminal actions, divorce, childcustody or child visitation proceedings.
(i) Utilization review for mental illness shall be consistent with provisionsin K.S.A. 40-22a01 through 40-22a12, and amendments thereto.
History: L. 2001, ch. 178, § 1;L. 2009, ch. 136, § 8; July 1.
