hb1311_LC_28_2830_a_2.html
06 LC 28 2830
House Bill 1311
By: Representatives Gardner of the 57th, Wilkinson of the 52nd, Manning of the 32nd, Buckner of the 130th, and Orrock of the 58th

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions concerning insurance, so as to provide that, if coverage is provided for mental health treatment in insurance plans, policies, or contracts, the out-of-pocket limits shall be the same and common as that provided for physical illness; to provide that the annual and lifetime dollar limits for mental health treatment shall be the same and common as that provided for physical illness in small group plans; to provide that money paid by the insured from a health savings account for qualified medical expenses, as recognized in Section 213(d) of the federal Internal Revenue Code, for treatment of mental disorders shall be applied to the deductible under the high deductible health plan; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions concerning insurance, is amended by striking subsection (e) of Code Section 33-24-28.1, relating to coverage of treatment of mental disorders, and inserting in lieu thereof new subsections (e) and (f) to read as follows:
"(e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section, except that, if any coverage for the treatment of mental disorders is included, the out-of-pocket limit shall be the same and common as that provided by the insurance plan, policy, or contract for physical illness.
(f) Money paid by the insured from a health savings account for qualified medical expenses, as recognized in Section 213(d) of the federal Internal Revenue Code, for treatment of mental disorders shall be applied to the deductible under the high deductible health plan."

SECTION 2.
Said article is further amended by inserting a new subsection (h) in Code Section 33-24-29, relating to coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering small groups, to read as follows:
"(h) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illness if the master policyholder does not purchase the optional coverage made available pursuant to this Code section, except that, if any coverage for the treatment of mental disorders is included, the out-of-pocket limit and the annual and lifetime dollar limits shall be the same and common as that provided by the insurance plan, policy, or contract for physical illness."

SECTION 3.
Said article is further amended by inserting a new subsection (g) in Code Section 33-24-29.1, relating to coverage for mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering all groups except small groups, to read as follows:
"(g) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illness if the master policyholder does not purchase the optional coverage made available pursuant to this Code section, except that, if any coverage for the treatment of mental disorders is included, the out-of-pocket limit shall be the same and common as that provided by the insurance plan, policy, or contract for physical illness."

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.