Report Title:
Mental Health Insurance Benefits for Minors
Description:
Requires the State to provide mental illness and drug and alcohol abuse treatment benefits for the children of public employees. (SD2)
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THE SENATE |
S.B. NO. |
2085 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to MENTAL HEALTH, ALCOHOL, AND DRUG ABUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 87, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§87- Determination of mental illness and drug and alcohol dependence treatment for minors benefits plan. (a) The board shall provide mental illness and drug and alcohol abuse treatment benefits to the children of employee-beneficiaries who have not attained the age of nineteen. The benefits shall be the same as those provided to adults under chapter 431M and subject to subsections (b), (c), and (d).
(b) Notwithstanding any law to the contrary, the benefits provided pursuant to subsection (a) shall be provided as clinically necessary. The benefits shall be appropriate to the minor's treatment needs and not be reduced, as compared to adults, because of their status as minors.
(c) A minor receiving mental illness or drug or alcohol dependence treatment provided by the State in accordance with the Individuals with Disabilities Education Act, title 20 United States Code section 1400, et seq., or section 504 of the Rehabilitation Act of 1973, title 29 United States Code section 794, shall not be eligible for benefits under this section.
(d) For the purposes of this section and the application of chapter 431M, the term "mental illness" shall have the same meaning as defined in section 431M-1 and shall also mean major depression."
SECTION 2. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§87A- Mental illness and drug and alcohol dependence treatment for minors benefits plan. (a) The board shall provide mental illness and drug and alcohol abuse treatment benefits to the children of employee-beneficiaries who have not attained the age of nineteen. The benefits shall be the same as those provided to adults under section 431M-4 and subject to subsections (b), (c), and (d).
(b) Notwithstanding any law to the contrary, the benefits provided pursuant to subsection (a) shall be provided as clinically necessary. The benefits shall be appropriate to the minor's treatment needs and not be reduced, as compared to adults, because of their status as minors.
(c) A minor receiving mental illness or drug or alcohol dependence treatment provided by the State in accordance with the Individuals with Disabilities Education Act, title 20 United States Code section 1400, et seq., or section 504 of the Rehabilitation Act of 1973, title 29 United States Code section 794, shall not be eligible for benefits under this section.
(d) For the purposes of this section and the application of chapter 431M, the term "mental illness" shall have the same meaning as defined in section 431M-1 and shall also mean major depression."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2003.