North Carolina § 58-67-75 - No discrimination against mentally ill or chemically dependent individuals.

§ 58-67-75. No discrimination against mentally ill or chemically dependent individuals.

Definitions. - As used in this section, the term: "Mental illness" has the same meaning as defined in G.S. 122C-3(21), with a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders, DSM-5, or subsequent editions published by the American Psychiatric Association, except those mental disorders coded in the DSM-5 or subsequent editions as autism spectrum disorder (299.00), substance-related disorders (291.0 through 292.9 and 303.0 through 305.9), those coded as sexual dysfunctions not due to organic disease (302.70 through 302.79), and those coded as "V" codes. "Chemical dependency" has the same meaning as defined in G.S. 58-67-70, with a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders, DSM-5 or subsequent editions published by the American Psychiatric Association. Coverage of Physical Illness. - No health maintenance organization governed by this Chapter shall, solely because an individual has or had a mental illness or chemical dependency: Refuse to enroll that individual in any health care plan covering physical illness or injury; Have a higher premium rate or charge for physical illness or injury coverages or benefits for that individual; or Reduce physical illness or injury coverages or benefits for that individual. [Expired October 1, 2001.] Chemical Dependency Coverage Not Required. - Nothing in this section requires an HMO to offer coverage for chemical dependency, except as provided in G.S. 58-67-70. Applicability. - This section applies only to group contracts, other than excepted benefits as defined in G.S. 58-68-25. For purposes of this section, "group health insurance contracts" include MEWAs, as defined in G.S. 58-50A-1. Nothing in this section requires an insurer to cover treatment or studies leading to or in connection with sex changes or modifications and related care. History (1989, c. 369, s. 2; 1991, c. 720, s. 83; 1997-259, s. 23; 1999-132, s. 4.4; 2007-268, s. 4; 2015-271, s. 4; 2019-202, s. 8; 2020-69, s. 3(h).) Editor's Note. - Subsection (b1) expired by its own terms on October 1, 2001, but the expiration does not affect services rendered before that date. Session Laws 2015-271, s. 6, made the amendment to subsection (a) of this section by Session Laws 2015-271, s. 4, applicable to insurance contracts issued, renewed or amended on or after July 1, 2016. Session Laws 2019-202, s. 8, provides: "The Revisor of Statutes is hereby authorized to make any changes to the General Statutes made necessary by the recodification in Section 2 of this act, including changes to the following sections of the General Statutes: G.S. 58-2-161 , 58-3-122, 58-3-167, 58-3-169, 58-3-174, 58-3-176, 58-3-178, 58-3-190, 58-3-200, 58-3-215, 58-3-225, 58-3-227, 58-3-275, 58-28-35, 58-51-55, 58-65-90, 58-67-75, 58-68-25, and 90-21.50." In subsection (d), "G.S. 58-50A-60(a) [G.S. 58-50A-1]" was substituted for "58-49-30(a)" at the direction of the Revisor of Statutes. Session Laws 2019-202, s. 9 is a severability clause. Session Laws 2019-202, s. 10 made the amendment to this section by Session Laws 2019-202, s. 8, effective October 1, 2019, and applicable to contracts entered into, amended, or renewed on or after January 1, 2020. Effect of Amendments. - Session Laws 2007-268, s. 4, effective July 1, 2008, substituted "mentally ill or chemically dependent individuals" for "the mentally ill and chemically dependent" in the section heading; rewrote subsection (a); deleted "mental illness or" preceding "chemical dependency" twice in subsection (c); in subsection (d), in the first sentence, substituted "This" for "Subsection (b1) of this" at the beginning and deleted ", covering more than 50 employees" following "G.S. 58-68-25" at the end, deleted the former second sentence which read: "The remainder of this section applies only to group contracts covering 20 or more employees.", and added the last sentence; and added subsection (e). For applicability provisions, see Editor's note. Session Laws 2015-271, s. 4, effective July 1, 2016, substituted "DSM-5" for "DSM-IV" throughout subsection (a); and inserted "autism spectrum disorder (299.00)," in subdivision (a)(1). For applicability, see editor's note. Session Laws 2020-69, s. 3(h), effective July 1, 2020, substituted "G.S. 58-50A-1" for "G.S. 58-50A-60(a)" in the second sentence of subsection (d).