2002 Legislation
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HOUSE BILL NO. 638 – Health benefit plans/certn/diabetes

HOUSE BILL NO. 638

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H0638.................................................by HEALTH AND WELFARE
HEALTH BENEFIT PLANS - DIABETES - Adds to existing law to provide for
coverage of diabetes treatment in managed care plans and small employer and
individual health benefit plans; and to define terms.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Bus

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 638
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DIABETES COVERAGE; AMENDING CHAPTER 39, TITLE 41, IDAHO  CODE,  BY
  3        THE ADDITION OF A NEW SECTION 41-3941, IDAHO CODE, TO PROVIDE FOR COVERAGE
  4        OF  DIABETES  TREATMENT  BY MANAGED CARE PLANS, TO SPECIFY WHO MAY PROVIDE
  5        DIABETES TREATMENT, TO PROVIDE THAT DIABETES COVERAGE  BENEFITS  SHALL  BE
  6        SUBJECT  TO  THE  SAME  ANNUAL  DEDUCTIBLES OR COINSURANCE ESTABLISHED FOR
  7        OTHER BENEFITS WITHIN A PLAN, TO PROVIDE THAT PRIVATE  THIRD-PARTY  PAYORS
  8        SHALL NOT REDUCE OR ELIMINATE COVERAGE BASED ON DIABETES COVERAGE, TO PRO-
  9        VIDE THAT THE DEPARTMENT OF INSURANCE SHALL PROMULGATE RULES AND TO DEFINE
 10        TERMS; AMENDING CHAPTER 47, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW
 11        SECTION  41-4708A,  IDAHO CODE, TO PROVIDE FOR COVERAGE OF DIABETES TREAT-
 12        MENT BY SMALL EMPLOYER HEALTH BENEFIT PLANS, TO SPECIFY  WHO  MAY  PROVIDE
 13        DIABETES  TREATMENT,  TO  PROVIDE THAT DIABETES COVERAGE BENEFITS SHALL BE
 14        SUBJECT TO THE SAME ANNUAL  DEDUCTIBLES  OR  COINSURANCE  ESTABLISHED  FOR
 15        OTHER  BENEFITS  WITHIN A PLAN, TO PROVIDE THAT PRIVATE THIRD-PARTY PAYORS
 16        SHALL NOT REDUCE OR ELIMINATE COVERAGE BASED ON DIABETES COVERAGE, TO PRO-
 17        VIDE THAT THE DEPARTMENT OF INSURANCE SHALL PROMULGATE RULES AND TO DEFINE
 18        TERMS; AND AMENDING CHAPTER 52, TITLE 41, IDAHO CODE, BY THE ADDITION OF A
 19        NEW SECTION 41-5208A, IDAHO CODE, TO  PROVIDE  FOR  COVERAGE  OF  DIABETES
 20        TREATMENT  BY  INDIVIDUAL HEALTH BENEFIT PLANS, TO SPECIFY WHO MAY PROVIDE
 21        DIABETES TREATMENT, TO PROVIDE THAT DIABETES COVERAGE  BENEFITS  SHALL  BE
 22        SUBJECT  TO  THE  SAME  ANNUAL  DEDUCTIBLES OR COINSURANCE ESTABLISHED FOR
 23        OTHER BENEFITS WITHIN A PLAN, TO PROVIDE THAT PRIVATE  THIRD-PARTY  PAYORS
 24        SHALL NOT REDUCE OR ELIMINATE COVERAGE BASED ON DIABETES COVERAGE, TO PRO-
 25        VIDE THAT THE DEPARTMENT OF INSURANCE SHALL PROMULGATE RULES AND TO DEFINE
 26        TERMS.
                                                                        
 27    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 28        SECTION  1.  That  Chapter  39,  Title 41, Idaho Code, be, and the same is
 29    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 30    ignated as Section 41-3941, Idaho Code, and to read as follows:
                                                                        
 31        41-3941.  DIABETES  COVERAGE.  (1) On and after July 1, 2002, managed care
 32    plans subject to the provisions of this chapter  shall  provide  coverage  for
 33    diabetes equipment and supplies, as defined in subsection (5) of this section,
 34    and  outpatient  self-management  training  and  education,  including medical
 35    nutrition therapy, for the treatment of diabetes, as defined in subsection (5)
 36    of this section, if prescribed by a licensed health care  professional  autho-
 37    rized by law to prescribe such items.
 38        (2)  Diabetes  outpatient  self-management  training and education as pro-
 39    vided in this section shall be provided by a licensed health care professional
 40    with expertise in diabetes or by a diabetes educator certified by the national
 41    certification board for diabetes educators.
 42        (3)  (a) The benefits provided in this section shall  be  subject  to  the
 43        same  annual  deductibles or coinsurance established for all other covered
                                                                        
                                           2
                                                                        
  1        benefits within a given managed care plan.
  2        (b)  Private third-party payors shall not reduce or eliminate coverage due
  3        to the requirements of this section.
  4        (4)  The department of insurance shall promulgate  rules  consistent  with
  5    the provisions of this section.
  6        (5)  As used in this section:
  7        (a)  "Diabetes" means:
  8             (i)   Type 1 insulin deficient diabetes;
  9             (ii)  Type 2 diabetes, marked by insulin resistance and partial insu-
 10             lin deficiency;
 11             (iii) Gestational  diabetes,  marked by elevated blood glucose levels
 12             during pregnancy; and
 13             (iv)  Any other medical condition that wholly or  partially  consists
 14             of elevated blood glucose levels.
 15        (b)  "Diabetes equipment and supplies" includes only:
 16             (i)    Blood  glucose  measuring devices and supplies, including such
 17             devices and supplies for visually-impaired individuals;
 18             (ii)   Visual reading urine and ketone strips;
 19             (iii)  Lancets and lancet devices;
 20             (iv)   Insulin;
 21             (v)    Injection aids, including those adaptable to meet the needs of
 22             the legally blind, and infusion pumps and supplies required  for  the
 23             use of an insulin pump;
 24             (vi)   Syringes;
 25             (vii)  Prescriptive  oral  agents, for controlling blood glucose lev-
 26             els, for each class of agents approved by the United States food  and
 27             drug administration for the treatment and management of diabetes; and
 28             (viii) Glucagon kits.
                                                                        
 29        SECTION  2.  That  Chapter  47,  Title 41, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 31    ignated as Section 41-4708A, Idaho Code, and to read as follows:
                                                                        
 32        41-4708A.  DIABETES  COVERAGE. (1) On and after July 1, 2002, health bene-
 33    fit plans subject to the provisions of this chapter shall provide coverage for
 34    diabetes equipment and supplies, as defined in subsection (5) of this section,
 35    and outpatient  self-management  training  and  education,  including  medical
 36    nutrition therapy, for the treatment of diabetes, as defined in subsection (5)
 37    of  this  section, if prescribed by a licensed health care professional autho-
 38    rized by law to prescribe such items.
 39        (2)  Diabetes outpatient self-management training and  education  as  pro-
 40    vided in this section shall be provided by a licensed health care professional
 41    with expertise in diabetes or by a diabetes educator certified by the national
 42    certification board for diabetes educators.
 43        (3)  (a) The  benefits  provided  in  this section shall be subject to the
 44        same annual deductibles or coinsurance established for all  other  covered
 45        benefits within a given health benefit plan.
 46        (b)  Private third-party payors shall not reduce or eliminate coverage due
 47        to the requirements of this section.
 48        (4)  The  department  of  insurance shall promulgate rules consistent with
 49    the provisions of this section.
 50        (5)  As used in this section:
 51        (a)  "Diabetes" means:
 52             (i)   Type 1 insulin deficient diabetes;
 53             (ii)  Type 2 diabetes, marked by insulin resistance and partial insu-
                                                                        
                                           3
                                                                        
  1             lin deficiency;
  2             (iii) Gestational diabetes, marked by elevated blood  glucose  levels
  3             during pregnancy; and
  4             (iv)  Any  other  medical condition that wholly or partially consists
  5             of elevated blood glucose levels.
  6        (b)  "Diabetes equipment and supplies" includes only:
  7             (i)    Blood glucose measuring devices and supplies,  including  such
  8             devices and supplies for visually-impaired individuals;
  9             (ii)   Visual reading urine and ketone strips;
 10             (iii)  Lancets and lancet devices;
 11             (iv)   Insulin;
 12             (v)    Injection aids, including those adaptable to meet the needs of
 13             the  legally  blind, and infusion pumps and supplies required for the
 14             use of an insulin pump;
 15             (vi)   Syringes;
 16             (vii)  Prescriptive oral agents, for controlling blood  glucose  lev-
 17             els,  for each class of agents approved by the United States food and
 18             drug administration for the treatment and management of diabetes; and
 19             (viii) Glucagon kits.
                                                                        
 20        SECTION 3.  That Chapter 52, Title 41, Idaho Code, be,  and  the  same  is
 21    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 22    ignated as Section 41-5208A, Idaho Code, and to read as follows:
                                                                        
 23        41-5208A.  DIABETES COVERAGE. (1) On and after July 1, 2002, health  bene-
 24    fit plans subject to the provisions of this chapter shall provide coverage for
 25    diabetes equipment and supplies, as defined in subsection (5) of this section,
 26    and  outpatient  self-management  training  and  education,  including medical
 27    nutrition therapy, for the treatment of diabetes, as defined in subsection (5)
 28    of this section, if prescribed by a licensed health care  professional  autho-
 29    rized by law to prescribe such items.
 30        (2)  Diabetes  outpatient  self-management  training and education as pro-
 31    vided in this section shall be provided by a licensed health care professional
 32    with expertise in diabetes or by a diabetes educator certified by the national
 33    certification board for diabetes educators.
 34        (3)  (a) The benefits provided in this section shall  be  subject  to  the
 35        same  annual  deductibles or coinsurance established for all other covered
 36        benefits within a given health benefit plan.
 37        (b)  Private third-party payors shall not reduce or eliminate coverage due
 38        to the requirements of this section.
 39        (4)  The department of insurance shall promulgate  rules  consistent  with
 40    the provisions of this section.
 41        (5)  As used in this section:
 42        (a)  "Diabetes" means:
 43             (i)   Type 1 insulin deficient diabetes;
 44             (ii)  Type 2 diabetes, marked by insulin resistance and partial insu-
 45             lin deficiency;
 46             (iii) Gestational  diabetes,  marked by elevated blood glucose levels
 47             during pregnancy; and
 48             (iv)  Any other medical condition that wholly or  partially  consists
 49             of elevated blood glucose levels.
 50        (b)  "Diabetes equipment and supplies" includes only:
 51             (i)    Blood  glucose  measuring devices and supplies, including such
 52             devices and supplies for visually-impaired individuals;
 53             (ii)   Visual reading urine and ketone strips;
                                                                        
                                           4
                                                                        
  1             (iii)  Lancets and lancet devices;
  2             (iv)   Insulin;
  3             (v)    Injection aids, including those adaptable to meet the needs of
  4             the legally blind, and infusion pumps and supplies required  for  the
  5             use of an insulin pump;
  6             (vi)   Syringes;
  7             (vii)  Prescriptive  oral  agents, for controlling blood glucose lev-
  8             els, for each class of agents approved by the United States food  and
  9             drug administration for the treatment and management of diabetes; and
 10             (viii) Glucagon kits.

Statement of Purpose / Fiscal Impact


		    STATEMENT OF PURPOSE
                         RS 11930C1

The purpose of this legislation is to provide for the addition of a 
new section in the Idaho Code that includes the insurance coverage 
for all equipment, supplies and self management education for 
diabetics.


                          FISCAL IMPACT

There is no fiscal impact to the State of Idaho.


Contact:
Name:	Representative Montgomery
Phone:	332-1076





STATEMENT OF PURPOSE/FISCAL NOTE                  H 638