S-3817.4  _______________________________________________

                         SENATE BILL 6129

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Fairley and Franklin

Read first time 01/08/96.  Referred to Committee on Health & Long‑Term Care.

Allowing a mental health practitioner and an enrollee to contract for services under certain circumstances.

    AN ACT Relating to mental health services; and adding a new section to chapter 48.43 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 48.43 RCW to read as follows:

    (1) For purposes of this section:

    (a) "Health carrier" includes disability insurers regulated under chapter 48.20 or 48.21 RCW, health care services contractors regulated under chapter 48.44 RCW, plans operating under the health care authority under chapter 41.05 RCW, the basic health plan operating under chapter 70.47 RCW, the state health insurance pool operating under chapter 48.41 RCW, insuring entities regulated under this chapter, and health maintenance organizations regulated under chapter 48.46 RCW.

    (b) "Intermediary" means a person duly authorized to negotiate and execute provider contracts with health carriers on behalf of mental health care practitioners.

    (c) Consistent with their lawful scopes of practice, "mental health care practitioners" includes only the following:  Any generally recognized medical specialty of practitioners licensed under chapter 18.57 or 18.71 RCW who provide mental health services, advanced practice psychiatric nurses as authorized by the nursing care quality assurance commission under chapter 18.79 RCW, psychologists licensed under chapter 18.83 RCW, social workers, marriage and family therapists, and mental health counselors certified under chapter 18.19 RCW.

    (d) "Mental health services" means outpatient services.

    (2) No contract between a mental health care practitioner and an intermediary or between a mental health care practitioner and a health carrier that is written, amended, or renewed after the effective date of this section may contain a provision prohibiting a practitioner and an enrollee from agreeing to contract for services solely at the expense of the enrollee as follows:

    (a) On the exhaustion of the enrollee's mental health care coverage;

    (b) During an appeal or an adverse certification process;

    (c) When an enrollee's condition is excluded from coverage; or

    (d) For any other clinically appropriate reason at any time.

    (3) This section does not apply to a mental health care practitioner who is employed full time on the staff of a health carrier.

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