2007 Minnesota Statutes

62A.152 BENEFITS FOR AMBULATORY MENTAL HEALTH SERVICES.
    Subdivision 1. Scope. The provisions of this section apply (a) to all group policies or
subscriber contracts which provide benefits for at least 100 certificate holders who are residents
of this state or groups of which more than 90 percent are residents of this state and are issued,
delivered, or renewed by accident and health insurance companies regulated under this chapter, or
by nonprofit health service plan corporations regulated under chapter 62C and (b), unless waived
by the commissioner to the extent applicable to holders who are both nonresidents and employed
outside this state, to all group policies or subscriber contracts which are issued, delivered, or
renewed within this state by accident and health insurance companies regulated under this chapter,
or by nonprofit health service plan corporations regulated under chapter 62C.
    Subd. 2. Minimum benefits. (a) All group policies and all group subscriber contracts
providing benefits for mental or nervous disorder treatments in a hospital shall also provide
coverage on the same basis as coverage for other benefits for at least 80 percent of the cost of the
usual and customary charges of the first ten hours of treatment incurred over a 12-month benefit
period, for mental or nervous disorder consultation, diagnosis and treatment services delivered
while the insured person is not a bed patient in a hospital, and at least 75 percent of the cost of the
usual and customary charges for any additional hours of treatment during the same 12-month
benefit period for serious or persistent mental or nervous disorders, if the services are furnished by
(1) a licensed or accredited hospital, (2) a community mental health center or mental health clinic
approved or licensed by the commissioner of human services or other authorized state agency, or
(3) a mental health professional, as defined in sections 245.462, subdivision 18, clauses (1) to (5);
and 245.4871, subdivision 27, clauses (1) to (5). Prior authorization from an accident and health
insurance company, or a nonprofit health service corporation, shall be required for an extension of
coverage beyond ten hours of treatment. This prior authorization must be based upon the severity
of the disorder, the patient's risk of deterioration without ongoing treatment and maintenance,
degree of functional impairment, and a concise treatment plan. Authorization for extended
treatment may be limited to a maximum of 30 visit hours during any 12-month benefit period.
(b) For purposes of this section, covered treatment for a minor includes treatment for the
family if family therapy is recommended by a provider listed in paragraph (a). For purposes of
determining benefits under this section, "hours of treatment" means treatment rendered on an
individual or single-family basis. If treatment is rendered on a group basis, the hours of covered
group treatment must be provided at a ratio of no less than two group treatment sessions to one
individual treatment hour.
    Subd. 3. Provider discrimination prohibited. All group policies and group subscriber
contracts that provide benefits for mental or nervous disorder treatments in a hospital must
provide direct reimbursement for those services if performed by a mental health professional,
as defined in sections 245.462, subdivision 18, clauses (1) to (5); and 245.4871, subdivision 27,
clauses (1) to (5), to the extent that the services and treatment are within the scope of mental
health professional licensure.
This subdivision is intended to provide payment of benefits for mental or nervous disorder
treatments performed by a licensed mental health professional in a hospital and is not intended
to change or add benefits for those services provided in policies or contracts to which this
subdivision applies.
History: 1975 c 89 s 1; 1981 c 265 s 1; 1Sp1981 c 4 art 1 s 49; 1983 c 354 s 1; 1984 c 654
art 5 s 58; 1987 c 337 s 49; 1987 c 384 art 2 s 1; 1988 c 689 art 2 s 7; 1989 c 330 s 15,16;
1991 c 255 s 1,2; 1993 c 81 s 1,2