Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COVERAGE FOR TREATMENT OF MENTAL ILLNESS, TEMPOROMANDIBULAR JOINT DISORDER AND CRANIOMANDIBULAR DISORDER (§§ 83-9-37 — 83-9-46) › Section 83-9-39 - Coverage

(1)
(a)
Except as otherwise provided herein, all alternative delivery systems and all group health insurance policies, plans or programs regulated by the State of Mississippi shall provide covered benefits for the treatment of mental illness, except for policies which only provide coverage for specified diseases and other limited benefit health insurance policies and negotiated labor contracts.
(b)
Health insurance policies, plans or programs of any employer of one hundred (100) or fewer eligible employees and all individual health insurance policies which are regulated by the State of Mississippi which do not currently offer benefits for treatment of mental illness shall offer covered benefits for the treatment of mental illness, which must include the treatment of mental illness by community mental health centers operated by a regional commission established under Section
41-19-33
or by a public or private entity under contract with a regional commission to operate the center, except for policies which only provide coverage for specified diseases and other limited benefit health insurance policies and negotiated labor contracts.
(c)
Alternative delivery systems and group health insurance policies, plans or programs regulated by the State of Mississippi shall not deny any community mental health center or contract entity described in paragraph (b) of this subsection the right to participate as a contract provider if the community mental health center or contract entity agrees to provide the mental health services that meet the terms of requirements set forth by the insurer under the policy or plan and agrees to the terms of reimbursement set forth by the insurer. Certification/licensure of all mental health providers by the Board of Mental Health in accordance with Section
41-4-7(r)
shall be recognized by the insurer and shall not be used as a reason to deny any mental health provider the right to participate as a contract provider.
(2)
Covered benefits for inpatient treatment of mental illness in insurance policies and other contracts subject to Sections
83-9-37
through
83-9-43
shall be limited to inpatient services certified as necessary by a health service provider.
(3)
Covered benefits for outpatient treatment of mental illness in insurance policies and other contracts subject to Sections
83-9-37
through
83-9-43
shall be limited to outpatient services certified as necessary by a health service provider.
(4)
Before an insured party may qualify to receive benefits under Sections
83-9-37
through
83-9-43
, a health service provider shall certify that the individual is suffering from mental illness and refer the individual for the appropriate treatment.
(5)
All mental illness, treatment or services with respect to such treatment eligible for health insurance coverage shall be subject to professional utilization and peer review procedures.
(6)
The provisions of this section shall apply only to alternative delivery systems and individual and group health insurance policies, plans or programs issued or renewed after July 1, 1991.
(7)
The exclusion period for coverage of a preexisting mental condition shall be the same period of time as that for other medical illnesses covered under the same plan, program or contract.
Laws, 1991, ch. 570, § 2; reenacted without change by Laws, 1994, ch. 354, § 2; Laws, 2001, ch. 533, § 1, eff. 1/1/2002.
Amended by Laws, 2022, ch. 447, SB 2899,§ 1, eff. 7/1/2022.
Amended by Laws, 2014, ch. 308, SB 2331, 1, eff. 7/1/2014.