Bill Text: NH HB1622 | 2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to notice that a health care provider is no longer accepting new patients and relative to mental health parity.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2022-05-24 - Signed by Governor Sununu 05/20/2022; Chapter 84; Eff. 01/01/2023 [HB1622 Detail]

Download: New_Hampshire-2022-HB1622-Amended.html

HB 1622-FN - AS AMENDED BY THE HOUSE

 

16Feb2022... 0450h

2022 SESSION

22-2725

05/04

 

HOUSE BILL 1622-FN

 

AN ACT relative to notice that a health care provider is no longer accepting new patients and relative to mental health parity.

 

SPONSORS: Rep. Luneau, Merr. 10; Rep. Bartlett, Merr. 19; Rep. Knirk, Carr. 3; Rep. Ladd, Graf. 4; Sen. Whitley, Dist 15; Sen. Sherman, Dist 24

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill requires contracts between health care providers and carriers to include a provision that the provider notify the carrier when the provider is no longer accepting new patients.  The bill also requires coverage for biologically-based mental illness to meet the access standards in RSA 420-J:7.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Feb2022... 0450h 22-2725

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to notice that a health care provider is no longer accepting new patients and relative to mental health parity.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Managed Care Law; Provider Contract Standards.  Amend RSA 420-J:8 by inserting after paragraph XVII the following new paragraph:

XVIII.  Every contract entered into after September 1, 2022 between a health carrier and any health care provider shall contain a provision that requires the health care provider to notify the carrier when the health care provider is no longer accepting new patients.  Notification shall take place no more than 30 days after the date the health care provider is no longer accepting new patients.

 

2  Coverage for Certain Biologically-Based Mental Illnesses.  Amend RSA 417-E:1, II to read as follows:

II.  Notwithstanding any other provision of law, each insurer that issues or renews any policy of accident or health insurance and each nonprofit health service corporation under RSA 420-A and health maintenance organization under RSA 420-B providing benefits for disease or sickness in the state of New Hampshire shall provide benefits for treatment and diagnosis of certain biologically-based mental illnesses under [the same] access standards established in RSA 420-J:7, and under terms and conditions [and] which are no less extensive than the coverage provided for any other type of health care for physical illness.

3  Effective Date.  This act shall take effect January 1, 2023.

 

LBA

22-2725

Redraft 12/16/21

 

HB 1622-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to mental health parity.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Insurance Department: $339,100;

DHHS: Indeterminable

Insurance Department: $344,300;

 DHHS: Indeterminable

Insurance Department: $349,400;

DHHS: Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Matching federal Medicaid funds.

 

METHODOLOGY:

This bill requires the NH Insurance Department to fully investigate all complaints relative to the federal Mental Health Parity and Addiction Equity Act.  In addition, the bill requires that reimbursement rates for behavioral health services, including those provided under the NH Granite Advantage Health Care Program, be no less extensive than those for health services used to treat physical illness.

 

The Insurance Department states that in order to meet the bill's requirements, it will need to hire three full-time positions, each starting on July 1, 2022.  The estimated costs are as follows:

 

 

FY 2023

FY 2024

FY 2025

Market Conduct Examiner, LG 32

 

 

     Salary

 $        80,100

 $        81,300

 $        82,500

     Benefits

 $        37,600

 $        38,200

 $        38,800

     Other

 $         3,400

 $         3,500

 $         3,500

          Position Total

 $     121,100

 $     123,000

 $     124,800

 

 

 

 

Hearing Officer, LG 31

 

 

 

     Salary

 $        76,500

 $        77,600

 $        78,800

     Benefits

 $        37,300

 $        37,900

 $        38,500

     Other

 $         3,400

 $         3,500

 $         3,500

          Position Total

 $     117,200

 $     119,000

 $     120,800

 

 

 

 

Consumer Services Representative, LG 26

 

     Salary

 $        61,200

 $        62,100

 $        63,000

     Benefits

 $        36,200

 $        36,700

 $        37,300

     Other

 $         3,400

 $         3,500

 $         3,500

          Position Total

 $     100,800

 $     102,300

 $     103,800

          Grand Total

 $     339,100

 $     344,300

 $     349,400

 

 

The Department states that the bill's impact on insurance premium tax revenue, if any, is indeterminable.

 

In addition to the above, the bill creates a cause of action to those who claim to be aggrieved by a violation of the provision requiring parity of rates under the NH Granite Advantage Health Care Program.  The Department of Health and Human Services states that it already includes parity compliance, analysis, and reporting provisions in its contracts with Medicaid managed care organizations.  Despite this, to the extent that the bill results in the Department being court-ordered to increase rates or award monetary damages, the bill may result in an indeterminable increase in state and federal Medicaid expenditures.

 

AGENCIES CONTACTED:

Department of Health and Human Services and Insurance Department

 

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