BILL REQ. #:  S-3921.1 

Read first time 01/27/12.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to expanding insurance coverage of neurodevelopmental therapies; amending RCW 48.21.310, 48.44.450, 48.46.520, and 41.05.170; and providing an effective date.

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

Sec. 1   RCW 48.21.310 and 1989 c 345 s 2 are each amended to read as follows:
     (1) Each employer-sponsored group policy for comprehensive health insurance which is entered into, or renewed, on or after ((twelve months after July 23, 1989)) January 1, 2013, shall include coverage for neurodevelopmental therapies for covered individuals age ((six)) fourteen and under.
     (2) Benefits provided under this section shall cover the services of those authorized to deliver occupational therapy, speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to the referral and periodic review of a holder of a license issued pursuant to chapter 18.71 or 18.57 RCW or where covered services have been rendered by such licensee. Nothing in this section shall prohibit an insurer from negotiating rates with qualified providers.
     (3) Benefits provided under this section shall be for medically necessary services as determined by the ((insurer)) licensed medical practitioner. Benefits shall be payable for services for the maintenance of an insured in cases where ((significant)) deterioration in the patient's condition would result without the service. Benefits shall be payable to ((restore and)) improve function.
     (4) It is the intent of this section that employers purchasing comprehensive health insurance, including the benefits required by this section, together with the insurer, retain authority to design and employ utilization and cost controls. Therefore, benefits delivered under this section may be subject to contractual provisions regarding deductible amounts and/or copayments established by the employer purchasing insurance and the insurer. Benefits provided under this section may be ((subject to standard waiting periods for preexisting conditions, and may be)) subject to the submission of written treatment plans.
     (5) In recognition of the intent expressed in subsection (4) of this section, benefits provided under this section may be subject to contractual provisions establishing annual and/or lifetime benefit limits. Such limits may define the total dollar benefits available or may limit the number of services delivered as agreed by the employer purchasing insurance and the insurer.

Sec. 2   RCW 48.44.450 and 1989 c 345 s 1 are each amended to read as follows:
     (1) Each employer-sponsored group contract for comprehensive health care service which is entered into, or renewed, on or after ((twelve months after July 23, 1989)) January 1, 2013, shall include coverage for neurodevelopmental therapies for covered individuals age ((six)) fourteen and under.
     (2) Benefits provided under this section shall cover the services of those authorized to deliver occupational therapy, speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to the referral and periodic review of a holder of a license issued pursuant to chapter 18.71 or 18.57 RCW or where covered services have been rendered by such licensee. Nothing in this section shall prohibit a health care service contractor from requiring that covered services be delivered by a provider who participates by contract with the health care service contractor unless no participating provider is available to deliver covered services. Nothing in this section shall prohibit a health care service contractor from negotiating rates with qualified providers.
     (3) Benefits provided under this section shall be for medically necessary services as determined by the ((health care service contractor)) licensed medical practitioner. Benefits shall be payable for services for the maintenance of a covered individual in cases where ((significant)) deterioration in the patient's condition would result without the service. Benefits shall be payable to ((restore and)) improve function.
     (4) It is the intent of this section that employers purchasing comprehensive group coverage including the benefits required by this section, together with the health care service contractor, retain authority to design and employ utilization and cost controls. Therefore, benefits delivered under this section may be subject to contractual provisions regarding deductible amounts and/or copayments established by the employer purchasing coverage and the health care service contractor. Benefits provided under this section may be subject to ((standard waiting periods for preexisting conditions, and may be subject to)) the submission of written treatment plans.
     (5) In recognition of the intent expressed in subsection (4) of this section, benefits provided under this section may be subject to contractual provisions establishing annual and/or lifetime benefit limits. Such limits may define the total dollar benefits available or may limit the number of services delivered as agreed by the employer purchasing coverage and the health care service contractor.

Sec. 3   RCW 48.46.520 and 1989 c 345 s 3 are each amended to read as follows:
     (1) Each employer-sponsored group contract for comprehensive health care service which is entered into, or renewed, on or after ((twelve months after July 23, 1989)) January 1, 2013, shall include coverage for neurodevelopmental therapies for covered individuals age ((six)) fourteen and under.
     (2) Benefits provided under this section shall cover the services of those authorized to deliver occupational therapy, speech therapy, and physical therapy. Covered benefits and treatment must be rendered or referred by the health maintenance organization, and delivered pursuant to the referral and periodic review of a holder of a license issued pursuant to chapter 18.71 or 18.57 RCW or where treatment is rendered by such licensee. Nothing in this section shall prohibit a health maintenance organization from negotiating rates with qualified providers.
     (3) Benefits provided under this section shall be for medically necessary services as determined by the ((health maintenance organization)) licensed medical practitioner. Benefits shall be provided for the maintenance of a covered enrollee in cases where ((significant)) deterioration in the patient's condition would result without the service. Benefits shall be provided to ((restore and)) improve function.
     (4) It is the intent of this section that employers purchasing comprehensive group coverage including the benefits required by this section, together with the health maintenance organization, retain authority to design and employ utilization and cost controls. Therefore, benefits provided under this section may be subject to contractual provisions regarding deductible amounts and/or copayments established by the employer purchasing coverage and the health maintenance organization. Benefits provided under this section may be subject to ((standard waiting periods for preexisting conditions, and may be subject to)) the submission of written treatment plans.
     (5) In recognition of the intent expressed in subsection (4) of this section, benefits provided under this section may be subject to contractual provisions establishing annual and/or lifetime benefit limits. Such limits may define the total dollar benefits available, or may limit the number of services delivered as agreed by the employer purchasing coverage and the health maintenance organization.

Sec. 4   RCW 41.05.170 and 1989 c 345 s 4 are each amended to read as follows:
     (1) Each health plan offered to public employees and their covered dependents under this chapter which is not subject to the provisions of Title 48 RCW and is established or renewed on or after ((twelve months after July 23, 1989)) January 1, 2013, shall include coverage for neurodevelopmental therapies for covered individuals age ((six)) fourteen and under.
     (2) Benefits provided under this section shall cover the services of those authorized to deliver occupational therapy, speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to the referral and periodic review of a holder of a license issued pursuant to chapter 18.71 or 18.57 RCW or where covered services have been rendered by such licensee. Nothing in this section shall preclude a self-funded plan authorized under this chapter from negotiating rates with qualified providers.
     (3) Benefits provided under this section shall be for medically necessary services as determined by the ((self-funded plan authorized under this chapter)) licensed medical practitioner. Benefits shall be payable for services for the maintenance of a covered individual in cases where ((significant)) deterioration in the patient's condition would result without the service. Benefits shall be payable to ((restore and)) improve function.
     (4) It is the intent of this section that the state, as an employer providing comprehensive health coverage including the benefits required by this section, retains the authority to design and employ utilization and cost controls. Therefore, benefits delivered under this section may be subject to contractual provisions regarding deductible amounts and/or copayments established by the self-funded plan authorized under this chapter. Benefits provided under this section may be subject to ((standard waiting periods for preexisting conditions, and may be subject to)) the submission of written treatment plans.
     (5) In recognition of the intent expressed in subsection (4) of this section, benefits provided under this section may be subject to contractual provisions establishing annual and/or lifetime benefit limits. Such limits may define the total dollar benefits available, or may limit the number of services delivered as established by the self-funded plan authorized under this chapter.

NEW SECTION.  Sec. 5   This act takes effect January 1, 2013.