Bill Text: NH HB1405 | 2022 | Regular Session | Introduced
Bill Title: Allowing out-of-state mental health care providers to provide telehealth treatment during a mental health emergency.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2022-03-21 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/15/2022 House Journal 6 [HB1405 Detail]
Download: New_Hampshire-2022-HB1405-Introduced.html
HB 1405 - AS INTRODUCED
2022 SESSION
22-2723
05/11
HOUSE BILL 1405
SPONSORS: Rep. Klein-Knight, Hills. 11; Rep. Moran, Hills. 34; Rep. M. Murray, Hills. 22; Rep. Hyland, Hills. 38; Rep. Query, Hills. 16; Rep. Espitia, Hills. 31; Rep. Toll, Ches. 16; Rep. Burroughs, Carr. 1
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill allows out-of-state mental health care providers to provide telehealth treatment during a mental health emergency and requires insurance coverage for out-of-state mental health services provided through telemedicine.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2723
05/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Telemedicine; Mental Health Emergency. Amend RSA 310-A:1-g by inserting after paragraph II the following new paragraph:
II-a. "Mental health emergency" means the department of health and human services has determined that the percentage of licensed mental health professionals residing in New Hampshire is inadequate to serve the population of New Hampshire. The department shall conduct an annual, needs based analysis, with a report to the legislature, regarding its determination of whether to declare a mental health emergency for that year.
2 Office of Professional Licensure and Certification; Telemedicine and Telehealth Services; Temporary Authorization for Out-of-State Mental Health Care Providers to Provide Services During a Mental Health Emergency. Amend RSA 310-A:1-g, IV to read as follows:
IV. Notwithstanding any provision of law to the contrary, an out-of-state healthcare professional providing services by means of telemedicine or telehealth shall be required to be licensed, certified, or registered by the appropriate licensing board within the division of health professions. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II or out-of-state mental health care providers who provide telehealth treatment to fewer than 5 patients per year during a mental health emergency.
3 New Paragraph; Telemedicine; Reporting Requirement. Amend RSA 310-A:1-g by inserting after paragraph VI the following new paragraph:
VII. For each year in which a mental health emergency is in effect, the office of professional licensure and certification shall conduct an annual audit of out-of-state mental health care providers who provide telehealth treatment to patients in the state of New Hampshire.
4 New Section; Accident and Health Insurance; Mental Health Services. Amend RSA 415 by inserting after section 6-aa the following new section:
415:6-bb Mental Health Services; Telehealth. Each insurer that issues or renews any individual policy, plan, or contract of accident or health insurance providing benefits for mental health services shall provide to persons covered by such insurance who are residents of this state coverage for mental health services provided through telemedicine, including treatment provided by an out-of state provider during a mental health emergency pursuant to RSA 310-A:1-g.
5 New Section; Accident and Health Insurance; Mental Health Services. Amend RSA 415 by inserting after section 18-ee the following new section:
415:18-ff Mental Health Services; Telehealth. Each insurer that issues or renews any group or blanket policy, plan, or contract of accident or health insurance providing benefits for mental health services shall provide to persons covered by such insurance who are residents of this state coverage for mental health services provided through telemedicine, including treatment provided by an out-of state provider during a mental health emergency pursuant to RSA 310-A:1-g.
6 Health Services Corporations; Applicable Statutes. Amend RSA 420-A:2 to read as follows:
420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-t, RSA 415:6-u, RSA 415:6-v, RSA 415:6-w, RSA 415:6-x, RSA 415:6-y, RSA 415:6-z, RSA 415:6-a1, RSA 415:6-bb, RSA 415:18, V, RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-i, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-y, RSA 415:18-z, RSA 415:18-aa, RSA 415:18-bb, RSA 415:18-cc, RSA 415:18-dd, RSA 415:18-ee, RSA 415:18-ff, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.
7 Health Maintenance Organizations; Applicable Statutes. Amend RSA 420-B:20, III to read as follows:
III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-t, RSA 415:6-u, RSA 415:6-v, RSA 415:6-w, RSA 415:6-x, RSA 415:6-y, RSA 415:6-z, RSA 415:6-a1, RSA 415:6-bb, RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-i, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-y, RSA 415:18-z, RSA 415:18-aa, RSA 415:18-bb, RSA 415:18-cc, RSA 415:18-dd, RSA 415:18-ee, RSA 415:18-ff, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.
8 Effective Date. This act shall take effect 60 days after its passage.
