Bill Text: NJ A3025 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits health insurance carriers from disclosing mental health services of adult dependents in explanation of benefits letter.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-28 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A3025 Detail]
Download: New_Jersey-2022-A3025-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits health insurance carriers from disclosing mental health services of adult dependents in explanation of benefits letter.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning health information related to mental health services and supplementing P.L.1997, C.192 (C.26:2S-1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A carrier shall not provide an explanation of benefits to a subscriber that discloses a claim for mental health services received by an adult dependent.
b. As used in this section:
"Adult dependent" means a child, by blood or law, of a subscriber who:
(1) is between the ages of 18 and 26;
(2) is unmarried;
(3) has no dependent;
(4) is a resident of this State or is enrolled as a full-time student at a public or private institution of higher education; and
(5) is not being provided coverage as a named subscriber, insured, enrollee, or covered person under any other health benefits plan.
"Carrier" means an insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance organization authorized to issue health benefits plans in this State, and shall include the State Health Benefits Program and the School Employees' Health Benefits Program.
"Mental health services" means mental and behavioral health counseling, assessments, or any other related service.
2. This act shall take effect on the 30th day next following enactment, and shall apply to all contracts and policies delivered, issued, executed or renewed on or after that date.
STATEMENT
This bill prohibits health insurance carriers from disclosing, on an explanation of benefits (EOB) letter, the mental health services received by an adult dependent.
Mental health is vital to living a healthy, balanced life. Being healthy mentally can help promote productivity and effectiveness in work and school and helps maintain healthy relationships. Unfortunately, due to inaccurate or misleading representations of mental health within society, many individuals who may benefit from mental health treatment refuse to do so or are reluctant due to the stigma associated with mental health. As a result of the ongoing stigma associated with mental health, the ability to confidentially access mental health services is an important factor for many individuals determining whether they want to seek these services, especially for young adults who may be concerned about disclosing sensitive mental health information to their parents. The need for young adults to confidentially access mental health services has only increased during the coronavirus 2019 (COVID-19) pandemic. According to a study by the Kaiser Family Foundation, 56% of young adults reported symptoms of anxiety or depressive disorder as a result of the COVID-19 pandemic. However, for young adults being claimed as a dependent under their parent's health insurance, confidential access to mental health services may be difficult or impossible. This is due to the fact that most health insurance carriers send EOBs to subscribers whenever a covered dependent, regardless of age, sends a claim for services to a carrier.
Under this bill, a carrier issuing health benefits plans in this State (which includes insurance companies, health service corporations, hospital service corporations, medical service corporations, health maintenance organizations, the State Health Benefits Program, and the School Employees' Health Benefits Program) will be prohibited from providing an EOB to a subscriber that discloses a claim for mental health services received by an adult dependent. For the purposes of this bill, "adult dependent" means a child, by blood or law, of a subscriber who:
(1) is between the ages of 18 and 26;
(2) is unmarried;
(3) has no dependent;
(4) is a resident of this State or is enrolled as a full-time student at a public or private institution of higher education; and
(5) is not being provided coverage as a named subscriber, insured, enrollee, or covered person under any other health benefits plan.
