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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section:
(a) “Mental health condition” means the same as that term is defined in Section 31A-22-649.5.
(b) “Mental health provider” means:
(i) a mental health therapist, as defined in Section 58-60-102; or
(ii) an individual practicing within the scope of practice described in Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act.
(c) “Mental health treatment” means treatment for a mental health condition.
(2)(a) Except as provided in Subsection (3), and subject to Subsections (4) and (5), beginning January 1, 2024, a health benefit plan that offers coverage for mental health treatment shall, upon request of a health benefit plan enrollee who is employed as a health care provider, offer a single case agreement that allows the enrollee to receive covered mental health treatment from an out-of-network mental health provider selected by the enrollee.
(b) A single case agreement described in Subsection (2)(a) shall:
(i) reimburse the out-of-network mental health provider for the covered mental health treatment at the equivalent out-of-network rate set by the health benefit plan, subject to the member cost-sharing requirements imposed by the health benefit plan;
(ii) include the same coinsurance, copayments, and deductibles that would be applied for the mental health treatment if the mental health treatment was provided by a mental health provider who is a network provider;
(iii) include the terms that a network provider is subject to under the health benefit plan; and
(iv) define the length and scope of the single case agreement.
(3)(a) Subsection (2) does not apply if:
(i)(A) the health benefit plan has network providers for the covered mental health treatment; and
(B) the network providers described in Subsection (3)(a)(i) do not provide the covered mental health treatment in the location where the enrollee works as a health care provider; or
(ii) the enrollee selects a mental health provider for the covered mental health treatment who the health benefit plan knows or reasonably suspects has committed a fraudulent insurance act as described in Section 31A-31-103.
(b) For purposes of this Subsection (3), the location where an enrollee works as a health care provider includes all locations or facilities of the enrollee's employer.
(4) Mental health treatment provided pursuant to a single case agreement under this section:
(a) shall be:
(i) within the out-of-network mental health provider's scope of practice; and
(ii) a service that is otherwise covered under the enrollee's health benefit plan; and
(b) may not be experimental.
(5)(a) An enrollee shall request a single case agreement under Subsection (2) prior to receiving mental health treatment from an out-of-network mental health provider.
(b) With a request for a single case agreement under Subsection (2), an enrollee shall provide information about where the enrollee works as a health care provider sufficient for the health benefit plan to determine whether the circumstances described in Subsection (3)(a)(i) exist.
Cite this article: FindLaw.com - Utah Code Title 31A. Insurance Code § 31A-22-658. Health care provider behavioral health treatment--Single case agreement - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-31a-insurance-code/ut-code-sect-31a-22-658/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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