Revised Code of Washington
Chapter 48.44 - Health Care Services.
48.44.341 - Mental health services—Health plans—Definition—Coverage required, when.

RCW 48.44.341
Mental health services—Health plans—Definition—Coverage required, when.

(1) For the purposes of this section, "mental health services" means:
(a) For health benefit plans issued or renewed before January 1, 2021, medically necessary outpatient and inpatient services provided to treat mental disorders covered by the diagnostic categories listed in the most current version of the diagnostic and statistical manual of mental disorders, published by the American psychiatric association, on June 11, 2020, or such subsequent date as may be provided by the insurance commissioner by rule, consistent with the purposes of chapter 6, Laws of 2005, with the exception of the following categories, codes, and services: (i) Substance related disorders; (ii) life transition problems, currently referred to as "V" codes, and diagnostic codes 302 through 302.9 as found in the diagnostic and statistical manual of mental disorders, 4th edition, published by the American psychiatric association; (iii) skilled nursing facility services, home health care, residential treatment, and custodial care; and (iv) court ordered treatment unless the health care service contractor's medical director or designee determines the treatment to be medically necessary; and
(b) For a health benefit plan or a plan deemed by the commissioner to have a short-term limited purpose or duration, issued or renewed on or after January 1, 2021, medically necessary outpatient and inpatient services provided to treat mental health and substance use disorders covered by the diagnostic categories listed in the most current version of the diagnostic and statistical manual of mental disorders, published by the American psychiatric association, on June 11, 2020, or such subsequent date as may be provided by the insurance commissioner by rule, consistent with the purposes of chapter 6, Laws of 2005.
(2) A health service contract or a plan deemed by the commissioner to have a short-term limited purpose or duration, providing health benefit plans that provide coverage for medical and surgical services shall provide coverage for:
(a) Mental health services. The copayment or coinsurance for mental health services may be no more than the copayment or coinsurance for medical and surgical services otherwise provided under the health benefit plan. Wellness and preventive services that are provided or reimbursed at a lesser copayment, coinsurance, or other cost sharing than other medical and surgical services are excluded from this comparison. If the health benefit plan imposes a maximum out-of-pocket limit or stop loss, it shall be a single limit or stop loss for medical, surgical, and mental health services. If the health benefit plan imposes any deductible, mental health services shall be included with medical and surgical services for the purpose of meeting the deductible requirement. Treatment limitations or any other financial requirements on coverage for mental health services are only allowed if the same limitations or requirements are imposed on coverage for medical and surgical services; and
(b) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(3) This section does not prohibit a requirement that mental health services be medically necessary, if a comparable requirement is applicable to medical and surgical services.
(4) Nothing in this section shall be construed to prevent the management of mental health services if a comparable requirement is applicable to medical and surgical services.

[ 2020 c 228 § 5; 2007 c 8 § 3; 2006 c 74 § 2; 2005 c 6 § 4.]
NOTES:

Effective date—2007 c 8: See note following RCW 48.20.580.


Effective date—2006 c 74: See note following RCW 48.21.241.


Findings—Intent—Severability—2005 c 6: See notes following RCW 41.05.600.

Structure Revised Code of Washington

Revised Code of Washington

Title 48 - Insurance

Chapter 48.44 - Health Care Services.

48.44.010 - Definitions.

48.44.011 - Insurance producer—Definition—License required—Application, issuance, renewal, fees—Penalties involving license.

48.44.013 - Filings with secretary of state—Copy for commissioner.

48.44.015 - Registration by health care service contractors required—Penalty.

48.44.016 - Unregistered activities—Acts committed in this state—Sanctions.

48.44.017 - Schedule of rates for individual contracts—Loss ratio—Definitions.

48.44.020 - Contracts for services—Examination of contract forms by commissioner—Grounds for disapproval—Liability of participant.

48.44.021 - Calculation of premiums—Members of a purchasing pool—Adjusted community rating method—Definitions.

48.44.022 - Calculation of premiums—Adjusted community rate—Definitions.

48.44.023 - Health plan benefits for small employers—Coverage—Exemption from statutory requirements—Premium rates—Requirements for providing coverage for small employers.

48.44.024 - Requirements for plans offered to small employers—Definitions.

48.44.026 - Payment for certain health care services.

48.44.030 - Underwriting of indemnity by insurance policy, bond, securities, or cash deposit.

48.44.033 - Financial failure—Supervision of commissioner—Priority of distribution of assets.

48.44.035 - Limited health care service—Uncovered expenditures—Minimum net worth requirements.

48.44.037 - Minimum net worth—Requirement to maintain—Determination of amount.

48.44.039 - Minimum net worth—Domestic or foreign health care service contractor.

48.44.040 - Registration with commissioner—Fee.

48.44.050 - Rules and regulations.

48.44.055 - Plan for handling insolvency—Commissioner's review.

48.44.057 - Insolvency—Commissioner's duties—Participants' options—Allocation of coverage.

48.44.060 - Penalty.

48.44.080 - Master lists of contractor's participating providers—Filing with commissioner—Notice of termination or participation.

48.44.090 - Refusal to register corporate, etc., contractor if name confusing with existing contractor or insurance company.

48.44.095 - Annual financial statement—Filings—Contents—Fee—Penalty for failure to file.

48.44.100 - Filing inaccurate financial statement prohibited.

48.44.110 - False representation, advertising.

48.44.120 - Misrepresentations of contract terms, benefits, etc.

48.44.130 - Future dividends or refunds—When permissible.

48.44.140 - Misleading comparisons to terminate or retain contract.

48.44.145 - Examination of contractors—Duties of contractor, powers of commissioner—Independent audit reports.

48.44.150 - Certificate of registration not an endorsement—Display in solicitation prohibited.

48.44.160 - Revocation, suspension, refusal of registration—Hearing—Cease and desist orders, injunctive action—Grounds.

48.44.164 - Notice of suspension, revocation, or refusal to be given contractor—Authority of insurance producers.

48.44.166 - Fine in addition to or in lieu of suspension, revocation, or refusal.

48.44.170 - Hearings and appeals.

48.44.180 - Enforcement.

48.44.200 - Individual health care service plan contracts—Coverage of dependent child with developmental or physical disability.

48.44.210 - Group health care service plan contracts—Coverage of dependent child with developmental or physical disability.

48.44.212 - Coverage of dependent children to include newborn infants and congenital anomalies from moment of birth—Notification period.

48.44.215 - Option to cover child under age twenty-six.

48.44.220 - Discrimination prohibited.

48.44.225 - Podiatric physicians and surgeons not excluded.

48.44.230 - Individual health service plan contract—Return within ten days of delivery—Refunds—Void from beginning—Notice required.

48.44.240 - Chemical dependency benefits—Provisions of group contracts delivered or renewed after January 1, 1988.

48.44.241 - Chemical dependency benefits—RCW 48.21.160 through 48.21.190, 48.44.240 inapplicable, when.

48.44.245 - "Chemical dependency" defined.

48.44.250 - Payment of premium by employee in event of suspension of compensation due to labor dispute.

48.44.260 - Notice of reason for cancellation, denial, or refusal to renew contract.

48.44.270 - Immunity from libel or slander.

48.44.290 - Registered nurses or advanced registered nurses.

48.44.299 - Legislative finding.

48.44.300 - Podiatric medicine and surgery—Benefits not to be denied.

48.44.305 - When injury caused by intoxication or use of narcotics.

48.44.309 - Legislative finding.

48.44.310 - Chiropractic care, coverage required, exceptions.

48.44.315 - Diabetes coverage—Definitions.

48.44.320 - Home health care, hospice care, optional coverage required—Standards, limitations, restrictions—Rules—Medicare supplemental contracts excluded.

48.44.323 - Prescribed, self-administered anticancer medication.

48.44.325 - Mammograms—Insurance coverage.

48.44.327 - Prostate cancer screening.

48.44.330 - Reconstructive breast surgery.

48.44.335 - Mastectomy, lumpectomy.

48.44.341 - Mental health services—Health plans—Definition—Coverage required, when.

48.44.342 - Mental health treatment—Waiver of preauthorization for persons involuntarily committed.

48.44.344 - Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or after January 1, 1990.

48.44.350 - Financial interests of health care service contractors, restricted—Exceptions, regulations.

48.44.360 - Continuation option to be offered.

48.44.370 - Conversion contract to be offered—Exceptions, conditions.

48.44.380 - Conversion contract—Restrictions and requirements—Rules.

48.44.390 - Modification of basis of agreement, endorsement required.

48.44.400 - Continuance provisions for former family members.

48.44.420 - Coverage for adopted children.

48.44.430 - Cancellation of rider.

48.44.440 - Phenylketonuria.

48.44.450 - Neurodevelopmental therapies—Employer-sponsored group contracts.

48.44.460 - Temporomandibular joint disorders—Insurance coverage.

48.44.465 - Prescriptions—Preapproval of individual claims—Subsequent rejection prohibited—Written record required.

48.44.470 - Nonresident pharmacies.

48.44.495 - Dental services that are not subject to contract or provider agreement.

48.44.500 - Denturist services.

48.44.530 - Disclosure of certain material transactions—Report—Information is confidential.

48.44.535 - Material acquisitions or dispositions.

48.44.540 - Asset acquisitions—Asset dispositions.

48.44.545 - Report of a material acquisition or disposition of assets—Information required.

48.44.550 - Material nonrenewals, cancellations, or revisions of ceded reinsurance agreements.

48.44.555 - Report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements—Information required.

48.44.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.