2005 Minnesota Statutes

     62A.149 Benefits for alcoholics and drug dependents. 

    Subdivision 1.    Application.  The provisions of this section 
 apply to all 
 group policies of accident and health insurance and group 
 subscriber contracts offered by nonprofit health service plan 
 corporations regulated under chapter 62C, and to a plan or 
 policy that is individually underwritten or provided for a 
 specific individual and family members as a nongroup policy 
 unless the individual elects in writing to refuse benefits under 
 this subdivision in exchange for an appropriate reduction in 
 premiums or subscriber charges under the policy or plan, when 
 the policies or subscriber contracts are issued or delivered in 
 Minnesota or provide benefits to Minnesota residents enrolled 
 thereunder. 

    This section does not apply to policies designed primarily 
 to provide coverage payable on a per diem, fixed indemnity or 
 nonexpense incurred basis or policies that provide accident only 
 coverage.  

    Every insurance policy or subscriber contract included 
 within the provisions of this subdivision, upon issuance or 
 renewal, shall provide for payment of benefits for the treatment 
 of alcoholism, chemical dependency or drug addiction to any 
 Minnesota resident entitled to coverage thereunder on the same 
 basis as coverage for other benefits when treatment is rendered 
 in 

    (1) a licensed hospital, 

    (2) a residential treatment program as licensed by the 
 state of Minnesota pursuant to diagnosis or recommendation by a 
 doctor of medicine, 

    (3) a nonresidential treatment program approved or licensed 
 by the state of Minnesota. 

    Subd. 2.    Minimum coverage.  Coverage under subdivision 1, 
 clauses (1) and 
 (2), shall be for at least 20 percent of the total patient days 
 allowed by the policy and in no event shall coverage be for less 
 than 28 days in each 12-month benefit year.  Coverage under 
 subdivision 1, clause (3), shall be for at least 130 hours of 
 treatment in a 12-month benefit year. 

    HIST: 1973 c 585 s 1,2; 1976 c 262 s 1; 1978 c 793 s 60; 1980 
 c 496 s 2; 1986 c 444