HB612: HB612 Behavioral Health Coordinating Council; add member

25 LC 33 9795 House Bill 612 By: Representatives Dempsey of the 13th, Mathiak of the 82nd, Jones of the 25th, Oliver of the 84th, and Cooper of the 45th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 37 of the Official Cod e of Georgia Annotated,1 relating to general provisions regarding the administration of mental health, developmental2 disabilities, addictive diseases, and other disability services , so as to add a member to the3 Behavioral Health Coordinating Council; to establish a parity compliance review panel; to4 provide for its composition and duties; to require health care providers to report suspected5 mental health parity violations to the panel; to provide for ev aluation of complaints; to6 provide for recommendations for punitive actions; to provide for definitions; to provide for7 related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 1 of Chapter 2 of Title 37 of the Official Code of Geor gia Annotated, relating to11 general provisions regarding the administration of mental health, developmental disabilities,12 addictive diseases, and other disability services, is amended in Code Section 37-2-4, relating13 to the Behavioral Health Coordinating Council and its membershi p, meetings, and14 obligations, by revising subsections (a) and (c.1) and by adding a new subsection to read as15 follows:16 H. B. 612 - 1 - 25 LC 33 9795 "(a) There is created the Behavioral Health Coordinating Counci l. The council shall17 consist of the commissioner of behavioral health and developmen tal disabilities; the18 commissioner of early care and learning; the commissioner of co mmunity health; the19 commissioner of public health; the commissioner of human services; the commissioner of20 juvenile justice; the commissioner of corrections; the commissioner of veterans service; the21 commissioner of community supervision; the commissioner of comm unity affairs; the22 commissioner of the Technical College System of Georgia; the Commissioner of Labor;23 the State School Superintendent; the Insurance Commissioner; the chairperson of the State24 Board of Pardons and Paroles; a behavioral health expert employ ed by the University25 System of Georgia, designated by the chancellor of the university system; two members,26 appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32;27 the Child Advocate for the Protection of Children; an expert on early childhood mental28 health, appointed by the Governor; an expert on child and adolescent health, appointed by29 the Governor; a pediatrician, appointed by the Governor; an adu lt consumer of public30 behavioral health services, appointed by the Governor; a family member of a consumer of31 public behavioral health services, appointed by the Governor; a parent of a child receiving32 public behavioral health services, appointed by the Governor; a member of the House of33 Representatives, appointed by the Speaker of the House of Representatives; and a member34 of the Senate, appointed by the President of the Senate."35 "(c.1) The commissioner of behavioral health and developmental disabilities, the36 commissioner of early care and learning, the commissioner of co mmunity health, the37 commissioner of public health, the commissioner of human services, the commissioner of38 juvenile justice, the commissioner of corrections, the commissioner of veterans service, the39 commissioner of community supervision, the commissioner of comm unity affairs, the40 commissioner of the Technical College System of Georgia, the Co mmissioner of Labor,41 the State School Superintendent, the Insurance Commissioner, and the chairperson of the42 State Board of Pardons and Paroles shall each be authorized to be represented by a delegate43 H. B. 612 - 2 - 25 LC 33 9795 or agent at any meeting of the council or subcommittee meeting. Any such delegate or44 agent shall be counted toward a quorum, shall have all voting privileges as the member's45 delegate or agent, and shall not be considered an absence of the member."46 "(j) The council shall serve in an advisory role for the parity compliance review panel47 established pursuant to Code Section 37-2-12."48 SECTION 2.49 Said article is further amended by adding a new Code section to read as follows:50 "37-2-12.51 (a) As used in this Code section, the term:52 (1) 'Health care provider' means any health care professional licensed under Title 43 or53 any hospital or other health care facility licensed or regulated under Chapter 7 of Title 3154 or under this title.55 (2) 'Panel' means the parity compliance review panel established pursuant to this Code56 section.57 (b) There is established a parity compliance review panel with in the council to be58 composed of:59 (1) The following members of the council:60 (A) The commissioner of community health, or his or her designee;61 (B) The commissioner of behavioral health and developmental disabilities, or his or her62 designee;63 (C) The commissioner of human services, or his or her designee; and64 (D) The Insurance Commissioner, or his or her designee; and65 (2) The following appointed members:66 (A) Two mental health clinicians, appointed by the Governor;67 (B) Two senior executives of f acilities or systems providing m ental health care,68 appointed by the Governor;69 H. B. 612 - 3 - 25 LC 33 9795 (C) One mental health advocate, appointed by the President of the Senate; and70 (D) One mental health advocate, appointed by the Speaker of th e House of71 Representatives.72 (c) Health care providers shall be required to report suspected violations by health insurers73 of the mental health parity requirements contained in Code Sect ions 33-1-27 and74 33-21A-13.75 (d) The panel shall establish a simple and intuitive process to receive complaints reported76 by health care providers pursuant to subsection (c) of this Code section. The panel shall77 evaluate submitted complaints to determine whether a health ins urer is in violation of78 mental health parity laws. Based on such evaluation, the panel shall make79 recommendations as to appropriate punitive actions, if any, tha t may be warranted for a80 health insurer to the Commissioner of Insurance for violations of Code Section 33-1-27 and81 to the commissioner of community health for violations of Code Section 33-21A-13.82 (e) The panel shall be authorized to:83 (1) Receive and analyze required reports from insurance compan ies and health care84 providers;85 (2) Request additional information from health insurers regarding potential mental health86 parity violations, including determinations of medical necessity;87 (3) Create and review educational materials for consumers and health care providers88 relating to compliance with mental health parity laws. Such educational materials shall89 include information on the concept of mental health parity, ind ividuals' rights, and the90 complaint processes established pursuant to subsection (e) of C ode Section 33-1-27,91 subsection (e) of Code Section 33-21A-13, and subsection (d) of this Code section. All92 such educational materials shall be culturally and linguistical ly sensitive, to the extent93 practicable; available in multiple languages; widely distribute d; and offered in various94 formats, such as on a public website, in a brochure, and in written documentation; and95 H. B. 612 - 4 - 25 LC 33 9795 (4) Consult and coordinate with the Governor's office, the Dep artment of Community96 Health, and the office of the Commissioner of Insurance to esta blish criteria and97 procedures for the panel in formulating recommendations relating to punitive action for98 insurance companies that are not compliant with mental health parity laws.99 (f) Subject to available funds, the panel shall establish a team to support the work of the100 panel, including, but not limited to, research, report preparation, and creation of educational101 materials."102 SECTION 3.103 All laws and parts of laws in conflict with this Act are repealed.104 H. B. 612 - 5 -