2006 Minnesota Statutes

62Q.535 COVERAGE FOR COURT-ORDERED MENTAL HEALTH SERVICES.
    Subdivision 1. Mental health services. For purposes of this section, mental health services
means all covered services that are intended to treat or ameliorate an emotional, behavioral, or
psychiatric condition and that are covered by the policy, contract, or certificate of coverage of
the enrollee's health plan company or by law.
    Subd. 2. Coverage required. (a) All health plan companies that provide coverage for
mental health services must cover or provide mental health services ordered by a court of
competent jurisdiction under a court order that is issued on the basis of a behavioral care
evaluation performed by a licensed psychiatrist or a doctoral level licensed psychologist, which
includes a diagnosis and an individual treatment plan for care in the most appropriate, least
restrictive environment. The health plan company must be given a copy of the court order and the
behavioral care evaluation. The health plan company shall be financially liable for the evaluation
if performed by a participating provider of the health plan company and shall be financially liable
for the care included in the court-ordered individual treatment plan if the care is covered by the
health plan and ordered to be provided by a participating provider or another provider as required
by rule or law. This court-ordered coverage must not be subject to a separate medical necessity
determination by a health plan company under its utilization procedures.
(b) A party or interested person, including a health plan company or its designee, may make
a motion for modification of the court-ordered plan of care pursuant to the applicable rules of
procedure for modification of the court's order. The motion may include a request for a new
behavioral care evaluation according to this section.
History: 1Sp2001 c 9 art 9 s 3; 2002 c 379 art 1 s 113