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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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