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ROBERT L. EHRLICH, JR., Governor
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Ch. 375
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Article - Insurance
15-802.
(c) A policy or contract subject to this section may not discriminate against an
individual with' a mental illness, emotional disorder, drug abuse disorder, or alcohol
abuse disorder by failing to provide benefits for the diagnosis and treatment of these
illnesses under the same terms and conditions that apply under the policy or contract
for the diagnosis and treatment of physical illnesses.
(d) It is not discriminatory under subsection (c) of this section if at least the
following benefits are provided:
(1) with respect to inpatient benefits for services provided in a licensed
or certified facility, including hospital inpatient benefits, the total number of days for
which benefits are payable and the terms and conditions that apply to those benefits
are at least equal to those that apply to the benefits available under the policy or
contract for physical illnesses;
(2) subject to subsection (g) of this section, with respect to benefits for
partial hospitalization, at least 60 days of partial hospitalization are covered under
the same terms and conditions that apply to the benefits available under the policy or
contract for physical illnesses; and
(3) with respect to outpatient coverage, other than for inpatient or
partial hospitalization services, benefits for covered expenses arising from services,
INCLUDING PSYCHOLOGICAL AND NEUROPSYCHOLOGICAL TESTING FOR
DIAGNOSTIC PURPOSES, provided to treat mental illnesses, emotional disorders, drug
abuse, or alcohol abuse are at a rate that, after the applicable deductible, is not less
than:
(i) 80% for the first five visits in a calendar year or benefit period
of not more than 12 months;
(ii) 65% for the 6th through 30th visit in a calendar year or benefit
period of not more than 12 months; and
(iii) 50% for the 31st visit and any subsequent visit in a calendar
year or benefit period of not more than 12 months.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to all
policies, contracts, and health benefit plans issued, delivered, or renewed in the State
on or after October 1, 2005.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
Approved May 10, 2005.
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- 1767 -
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