Chapter 979 Oregon Laws 2001

AN ACT

HB 3015

Relating to mental health services.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) There is created a joint interim task force to study and make recommendations on achieving parity between mental health benefits and physical health benefits in health insurance plans.

(2) The task force shall consist of four members of the House of Representatives appointed by the Speaker of the House of Representatives and four members of the Senate appointed by the President of the Senate. At least one member appointed by the Speaker and at least one member appointed by the President shall have served on the Joint Legislative Committee on Ways and Means during the Seventy-first Legislative Assembly. The Speaker and the President shall ensure that the membership of the task force includes a balance of members with service on legislative committees on health and human services and members with service on legislative committees on business or commerce.

(3) The task force shall:

(a) Review the statutes of other states that have adopted laws concerning parity of mental health benefits;

(b) Compare different statutory approaches to the concept of parity of mental health benefits;

(c) Study the effects of legislation concerning parity of mental health benefits on the costs of health insurance for:

(A) Public employees;

(B) Businesses with fewer than 50 employees; and

(C) Individuals with individual coverage;

(d) Compare Oregon's mental health mandate for the 2001-2003 biennium with the mental health benefits parity standards of other states and identify major differences in health insurance coverage;

(e) Determine the number of Oregonians covered by health insurance policies that achieve parity between mental health benefits and physical health benefits;

(f) Estimate the number of Oregonians that would not be affected by legislation requiring parity between mental health benefits and physical health benefits in health insurance plans because of the provisions of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.);

(g) Review costs in Oregon for:

(A) Inpatient mental health services;

(B) Outpatient mental health services;

(C) Residential mental health services; and

(D) Prescription drugs related to mental health diagnoses;

(h) Determine trends in the costs described in paragraph (g) of this subsection;

(i) Determine trends in use of inpatient, outpatient and residential health services;

(j) Review recent federal studies of mental health coverage in Medicare, Medicaid and other federal programs;

(k) Compare techniques used to limit physical health insurance coverage with techniques used to limit mental health coverage, such as deductibles, coinsurance, copayments and annual service limits;

(L) Determine which coverage limitations or managed or coordinated care techniques would create a balance between the issues of appropriate access and reasonable cost;

(m) With the assistance of a consulting actuary, develop a model benefit package that is cost-neutral and achieves parity between mental health benefits and physical health benefits for a business with fewer than 50 employees; and

(n) Obtain public opinion on the model benefit package described in paragraph (m) of this subsection.

(4) Except as provided in this section, the task force is subject to the provisions of ORS 171.605 to 171.635 and has the authority contained in ORS 171.505 and 171.510.

(5) A member of the Legislative Assembly appointed to the task force shall be entitled to an allowance as authorized by ORS 171.072 from funds appropriated to the Legislative Assembly.

(6) Subject to the approval of the Emergency Board, the task force may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the task force. All such funds are to aid in financing the functions of the task force and shall be deposited in the General Fund of the State Treasury to the credit of separate accounts for the task force and shall be disbursed for the purpose for which contributed in the same manner as funds appropriated for the task force.

(7) Official action by the task force requires the approval of a majority of the members of the task force. All legislation recommended by official action of the task force shall be consensus-based and indicate that it is introduced at the request of the task force. Such legislation shall be prepared in time for presession filing pursuant to ORS 171.130 for presentation to the regular session of the Seventy-second Legislative Assembly.

(8) The task force shall report its findings and recommendations to the Seventy-second Legislative Assembly.

Approved by the Governor August 16, 2001

Filed in the office of Secretary of State August 16, 2001

Effective date January 1, 2002

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