Insurance-mental health and substance use parity.

Plain English Breakdown

The official summary does not provide information on how the law affects policies issued or modified before December 1, 2021.

Insurance for Mental Health and Substance Use Parity

This law requires insurance companies to cover mental health and substance use services provided through telehealth at the same level as in-person services.

What This Bill Does

• Requires insurance policies to provide equal coverage for mental health and substance use services delivered remotely (telehealth) compared to those delivered in person.
• Prohibits insurers from charging higher copayments, deductibles, or coinsurance amounts for telehealth-delivered mental health or substance use services than they would charge for the same services provided in-person.
• Prevents insurance companies from paying healthcare providers less for providing remote mental health and substance use services compared to in-person services.

Who It Names or Affects

• People with individual or group health insurance policies in Wyoming
• Healthcare providers who offer telehealth services for mental health and substance use disorders

Terms To Know

Telehealth

The delivery of healthcare services, including mental health and substance use treatment, through remote communication technologies.

Copayment

A fixed amount a patient pays for a medical service after insurance has paid its share.

Limits and Unknowns

• The law applies to policies issued or modified on or after December 1, 2021.
• It does not specify what happens if someone had an existing policy before the effective date that did not cover telehealth services for mental health and substance use.

Official Summary Text

Bill Summary - 21LSO-0061
Bill No.:

SF0052

Effective:

Immediately

LSO No.:

21LSO-0061

Enrolled Act No.:

SEA No. 0045

Chapter No.:

83

Prime Sponsor:

Joint Labor, Health & Social Services Interim Committee

Catch Title:

Insurance-mental health and substance use parity.

Subject:

Insurance coverage for telehealth delivered mental health and substance abuse services.

Summary/Major Elements:

This act prohibits any individual or group health insurance contract issued in Wyoming from:

Denying coverage for a mental health or substance abuse service that is delivered using a remote audio or audio-visual system (i.e. delivered using a telehealth system) if that same service would be covered if it was delivered in-person;
Charging a copayment, deductible or coinsurance amount to a person receiving mental health or substance use services though remote audio or audio-visual delivery systems that is higher than the amount charged for the same service delivered in-person;
Reducing any payment or reimbursement provided to a health care provider for the provision of substance use or mental health services using remote audio or audio-visual delivery systems to less than what would be paid if the services were rendered in-person.

Comments:

The act applies to all insurance policies and plans delivered, issued, renewed, modified,
amended
or extended on or after December 1, 2021.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

21LSO-0061

ORIGINAL Senate

ENGROSSED
File No
.
SF0052

ENROLLED ACT NO. 45,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to insurance; mandating equivalent benefits and reimbursement related to mental health and substance use services delivered remotely; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 26
‑
20
‑
701 is amended to read:

26
‑
20
‑
701.

Required parity for mental health and substance use disorder insurance
.

(a)

All individual or group health insurance policies providing coverage on an expense incurred basis, individual and group service or indemnity type health insurance contracts issued by any insurer, including any nonprofit corporation and individual and group service contracts issued by a health maintenance organization, shall meet the requirements of, and the commissioner may enforce subject to the provisions of this section, the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. § 300gg
‑
26, as amended, and the regulations promulgated pursuant thereto as of January 1, 2018.

Persons exempt from complying with the Mental Health Parity and Addiction Equity Act shall not be exempted from complying with the requirements of this section if this section otherwise applies to the person.

The commissioner may promulgate reasonable rules which establish exemptions from the application of this section.

(b)

No policy or contract providing mental health or substance use coverage to which subsection (a) of this section applies shall:

(i)

Deny coverage for
mental health or substance use
services delivered using remote audio or audio
‑
visual
delivery systems to a person not physically present with the delivering health care provider if coverage would be provided for the same services when delivered in person;

(ii)

Charge a copayment, deductible or coinsurance amount to a person receiving mental health or substance use services through remote audio or audio
‑
visual delivery systems that is higher than the copayment, deductible or coinsurance amount charged for the same services when delivered in person;

(iii)

Reduce any payment or reimbursement provided to a health care provider using remote audio or audio
‑
visual delivery systems for the provision of mental health or substance use services to an amount that is less than the payment or reimbursement that would be made to a
health care
provider rendering those services in person.

Section 2.

This act shall apply to all policies, plans and contracts delivered, issued, renewed, modified, amended or extended on or after December 1, 2021.

Section

3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1