62Q.137 CHEMICAL DEPENDENCY TREATMENT; COVERAGE.
(a) Any health plan that provides coverage for chemical dependency treatment must cover chemical dependency treatment provided
to an enrollee by the Department of Corrections while the enrollee is committed to the custody of the commissioner of corrections
following a conviction for a first-degree driving while impaired offense under section
if: (1) a court of competent jurisdiction makes a preliminary determination based on a chemical use assessment conducted
that treatment may be appropriate and includes this determination as part of the sentencing order; and (2) the Department
of Corrections makes a determination based on a chemical assessment conducted while the individual is in the custody of the
department that treatment is appropriate. Treatment provided by the Department of Corrections that meets the requirements
of this section shall not be subject to a separate medical necessity determination under the health plan company's utilization
review procedures. (b) The health plan company must be given a copy of the court's preliminary determination and supporting documents and the
assessment conducted by the Department of Corrections.(c) Payment rates for treatment provided by the Department of Corrections shall not exceed the lowest rate for outpatient
chemical dependency treatment paid by the health plan company to a participating provider of the health plan company.(d) For purposes of this section, chemical dependency treatment means all covered services that are intended to treat chemical
dependency and that are covered by the enrollee's health plan or by law.
History: 1Sp2001 c 9 art 19 s 1; 2002 c 379 art 1 s 113