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Section: 376.1218 Insurance coverage for children enrolled in the Part C early intervention system (First Steps). RSMO 376.1218


Published: 2015

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Missouri Revised Statutes













Chapter 376

Life, Health and Accident Insurance

←376.1215

Section 376.1218.1

376.1219→

August 28, 2015

Insurance coverage for children enrolled in the Part C early intervention system (First Steps).

376.1218. 1. Any health carrier or health benefit plan that offers or

issues health benefit plans, other than Medicaid health benefit plans, which

are delivered, issued for delivery, continued, or renewed in this state on or

after January 1, 2006, shall provide coverage for early intervention services

described in this section that are delivered by early intervention

specialists who are health care professionals licensed by the state of

Missouri and acting within the scope of their professions for children from

birth to age three identified by the Part C early intervention system as

eligible for services under Part C of the Individuals with Disabilities

Education Act, 20 U.S.C. Section 1431, et seq. Such coverage shall be

limited to three thousand dollars for each covered child per policy per

calendar year, with a maximum of nine thousand dollars per child.



2. As used in this section, "health carrier" and "health benefit plan"

shall have the same meaning as such terms are defined in section 376.1350.



3. In the event that any health benefit plan is found not to be required

to provide coverage under subsection 1 of this section because of preemption

by a federal law, including but not limited to the act commonly known as

ERISA contained in Title 29 of the United States Code, or in the event that

subsection 1 of this section is found to be unconstitutional, then the lead

agency shall be responsible for payment and provision of any benefit provided

under this section.



4. For purposes of this section, "early intervention services" means

medically necessary speech and language therapy, occupational therapy,

physical therapy, and assistive technology devices for children from birth to

age three who are identified by the Part C early intervention system as

eligible for services under Part C of the Individuals with Disabilities

Education Act, 20 U.S.C. Section 1431, et seq. Early intervention services

shall include services under an active individualized family service plan that

enhance functional ability without effecting a cure. An individualized

family service plan is a written plan for providing early intervention

services to an eligible child and the child's family that is adopted in

accordance with 20 U.S.C. Section 1436. The Part C early intervention system,

on behalf of its contracted regional Part C early intervention system centers

and providers, shall be considered the rendering provider of services for

purposes of this section.



5. No payment made for specified early intervention services shall be

applied by the health carrier or health benefit plan against any maximum

lifetime aggregate specified in the policy or health benefit plan if the

carrier opts to satisfy its obligations under this section under subdivision

(2) of subsection 7 of this section. A health benefit plan shall be billed

at the applicable Medicaid rate at the time the covered benefit is delivered,

and the health benefit plan shall pay the Part C early intervention system at

such rate for benefits covered by this section. Services under the Part C

early intervention system shall be delivered as prescribed by the

individualized family service plan and an electronic claim filed in

accordance with the carrier's or plan's standard format. Beginning January

1, 2007, such claims' payments shall be made in accordance with the

provisions of sections 376.383 and 376.384.



6. The health care service required by this section shall not be subject

to any greater deductible, co-payment, or coinsurance than other similar

health care services provided by the health benefit plan.



7. (1) Subject to the provisions of this section, payments made during a

calendar year by a health carrier or group of carriers affiliated by or under

common ownership or control to the Part C early intervention system for

services provided to children covered by the Part C early intervention system

shall not exceed one-half of one percent of the direct written premium for

health benefit plans as reported to the department of insurance, financial

institutions and professional registration on the health carrier's most

recently filed annual financial statement.



(2) In lieu of reimbursing claims under this section, a carrier or group

of carriers affiliated by or under common ownership or control may, on behalf

of all of the carrier's or carriers' health benefit plan or plans providing

coverage under this section, directly pay the Part C early intervention system

by January thirty-first of the calendar year an amount equal to one-half of

one percent of the direct written premium for health benefit plans as

reported to the department of insurance, financial institutions and

professional registration on the health carrier's most recently filed annual

financial statement, or five hundred thousand dollars, whichever is less, and

such payment shall constitute full and complete satisfaction of the health

benefit plan's obligation for the calendar year. Nothing in this subsection

shall require a health carrier or health benefit plan providing coverage under

this section to amend or modify any provision of an existing policy or plan

relating to the payment or reimbursement of claims by the health carrier or

health benefit plan.



8. This section shall not apply to a supplemental insurance policy,

including a life care contract, specified disease policy, hospital policy

providing a fixed daily benefit only, Medicare supplement policy,

hospitalization-surgical care policy, policy that is individually

underwritten or provides such coverage for specific individuals and members of

their families, long-term care policy, or short-term major medical policies

of six months or less duration.



9. Except for health carriers or health benefit plans making payments

under subdivision (2) of subsection 7 of this section, the department of

insurance, financial institutions and professional registration shall collect

data related to the number of children receiving private insurance coverage

under this section and the total amount of moneys paid on behalf of such

children by private health carriers or health benefit plans. The department

shall report to the general assembly regarding the department's findings no

later than January 30, 2007, and annually thereafter.



10. Notwithstanding the provisions of section 23.253 to the contrary,

the provisions of this section shall not sunset.



(L. 2005 S.B. 500, A.L. 2007 S.B. 112)





2005



2005



376.1218. 1. Any health carrier or health benefit plan that offers

or issues health benefit plans, other than Medicaid health benefit plans,

which are delivered, issued for delivery, continued, or renewed in this

state on or after January 1, 2006, shall provide coverage for early

intervention services described in this section that are delivered by early

intervention specialists who are health care professionals licensed by the

state of Missouri and acting within the scope of their professions for

children from birth to age three identified by the Part C early

intervention system as eligible for services under Part C of the

Individuals with Disabilities Education Act, 20 U.S.C. Section 1431, et

seq. Such coverage shall be limited to three thousand dollars for each

covered child per policy per calendar year, with a maximum of nine thousand

dollars per child.



2. As used in this section, "health carrier" and "health benefit

plan" shall have the same meaning as such terms are defined in section

376.1350.



3. In the event that any health benefit plan is found not to be

required to provide coverage under subsection 1 of this section because of

preemption by a federal law, including but not limited to the act commonly

known as ERISA contained in Title 29 of the United States Code, or in the

event that subsection 1 of this section is found to be unconstitutional,

then the lead agency shall be responsible for payment and provision of any

benefit provided under this section.



4. For purposes of this section, "early intervention services" means

medically necessary speech and language therapy, occupational therapy,

physical therapy, and assistive technology devices for children from birth

to age three who are identified by the Part C early intervention system as

eligible for services under Part C of the Individuals with Disabilities

Education Act, 20 U.S.C. Section 1431, et seq. Early intervention services

shall include services under an active individualized family service plan

that enhance functional ability without effecting a cure. An

individualized family service plan is a written plan for providing early

intervention services to an eligible child and the child's family that is

adopted in accordance with 20 U.S.C. Section 1436. The Part C early

intervention system, on behalf of its contracted regional Part C early

intervention system centers and providers, shall be considered the

rendering provider of services for purposes of this section.



5. No payment made for specified early intervention services shall be

applied by the health carrier or health benefit plan against any maximum

lifetime aggregate specified in the policy or health benefit plan if the

carrier opts to satisfy its obligations under this section under

subdivision (2) of subsection 7 of this section. A health benefit plan

shall be billed at the applicable Medicaid rate at the time the covered

benefit is delivered, and the health benefit plan shall pay the Part C

early intervention system at such rate for benefits covered by this

section. Services under the Part C early intervention system shall be

delivered as prescribed by the individualized family service plan and an

electronic claim filed in accordance with the carrier's or plan's standard

format. Beginning January 1, 2007, such claims' payments shall be made in

accordance with the provisions of sections 376.383 and 376.384.



6. The health care service required by this section shall not be

subject to any greater deductible, co-payment, or coinsurance than other

similar health care services provided by the health benefit plan.



7. (1) Subject to the provisions of this section, payments made

during a calendar year by a health carrier or group of carriers affiliated

by or under common ownership or control to the Part C early intervention

system for services provided to children covered by the Part C early

intervention system shall not exceed one-half of one percent of the direct

written premium for health benefit plans as reported to the department of

insurance on the health carrier's most recently filed annual financial

statement.



(2) In lieu of reimbursing claims under this section, a carrier or

group of carriers affiliated by or under common ownership or control may,

on behalf of all of the carrier's or carriers' health benefit plan or plans

providing coverage under this section, directly pay the Part C early

intervention system by January thirty-first of the calendar year an amount

equal to one-half of one percent of the direct written premium for health

benefit plans as reported to the department of insurance on the health

carrier's most recently filed annual financial statement, or five hundred

thousand dollars, whichever is less, and such payment shall constitute full

and complete satisfaction of the health benefit plan's obligation for the

calendar year.

Nothing in this subsection shall require a health carrier or health benefit

plan providing coverage under this section to amend or modify any provision

of an existing policy or plan relating to the payment or reimbursement of

claims by the health carrier or health benefit plan.



8. This section shall not apply to a supplemental insurance policy,

including a life care contract, specified disease policy, hospital policy

providing a fixed daily benefit only, Medicare supplement policy,

hospitalization-surgical care policy, policy that is individually

underwritten or provides such coverage for specific individuals and members

of their families, long-term care policy, or short-term major medical

policies of six months or less duration.



9. Except for health carriers or health benefit plans making payments

under subdivision (2) of subsection 7 of this section, the department of

insurance shall collect data related to the number of children receiving

private insurance coverage under this section and the total amount of

moneys paid on behalf of such children by private health carriers or health

benefit plans. The department shall report to the general assembly

regarding the department's findings no later than January 30, 2007, and

annually thereafter.



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