2007 Legislative Session Summary

HB 2313 and HB 2505

The MHCC, consistent with its philosophies, made significant efforts to communicate with Blue Cross Blue Shield of Kansas, and after a lengthy study and analysis of the issue, presented a significant report to key individuals within BCBSKS. The result of that meeting was a determination by Blue Cross Blue Shield of Kansas that they were not going to reimburse LCMFTs, LCPs, or LCPCs, unless the legislature mandated that such mental health providers be reimbursed. Blue Cross Blue Shield of Kansas basically indicated that they were only going to reimburse those providers which the Kansas Statute mandated be reimbursed. Despite overwhelming evidence being presented to Blue Cross Blue Shield of Kansas of the benefits that reimbursement would provide for the insurance company, as well as its insureds, the MHCC was not able to achieve any significant result with Blue Cross Blue Shield of Kansas with a voluntary approach.

Therefore, after significant deliberation, the MHCC proposed two pieces of legislation during the 2007 Legislative Session. The MHCC decided to apprise the legislature of the problem existing from current statutes, and to show the disparity of treatment between the LSCSWs and the psychologists, on the one hand, and the MFTs, LCPs, and LCPCs on the other. And to leave the solution up to the Kansas Legislature. As a result, the MHCC requested the introduction of HB 2313, which repealed the two existing statutes which require insurance companies to provide reimbursement for LSCSWs and psychologists. In addition, the MHCC requested the introduction of HB 2505, which provided for reimbursement for LCMFTs, LCPCs, and LCPs in the same manner that is provided for LSCSWs. Kansas division of the National Association of Social Workers and the Kansas Psychological Association both heavily opposed the passage of HB 2313, which would have repealed the insurance statutes mandating that their providers be provided insurance reimbursement. The MHCC respects and understands their opposition to such legislation, but the legislation was introduced to make a point that the solutions to eliminate the disparity are either to eliminate the existing two groups which are mandated to have insurance reimbursement, or to provide reimbursement for all five of the Behavioral Sciences Regulatory Board licensed mental health providers capable of diagnosing and treating mental health disorders (HB 2505). Since numerous legislators oppose so-called "insurance mandate" legislation, the MHCC felt that an appropriate solution to this disparate treatment by the current Kansas Statutes would be to level the playing field by removing insurance mandates, rather than adding any more insurance mandates. In addition to the opposition to HB 2313, the KNASW also opposed HB 2505, because it actually amended the statute which currently provides for insurance reimbursement for LSCSWs. However, the KNASW indicated that they would not be in opposition to the MHCC proposal providing for insurance reimbursement for LCMFTs, LCPCs, and LCPs, as long as the legislation did not amend or otherwise interfere with the existing statute regarding LSCSWs. Therefore, the MHCC worked out a compromise with KNASW by which the MHCC agreed that HB 2505 could be killed during the 2008 Legislative Session, and that the MHCC would seek introduction of new legislation to be considered during the 2008 Legislation Session. At the end of the 2007 Legislative Session, the MHCC requested introduction of HB 2601, which was introduced by the House Federal and State Affairs Committee, and was re-referred to the House Insurance and Financial Institutions Committee. It was determined that that bill would not be set for hearing, but would carry over to have a hearing in the 2008 Legislative Session.

The KNASW has indicated they would be neutral on HB 2601, because that bill does not amend the LSCSW insurance statute in any way. At this point, the MHCC has not been advised by the KPA as to their position on HB 2601, but the MHCC is hopeful that the KPA will not oppose HB 2601 because it does not interfere with the psychologists' reimbursement statute in any way. If HB 2601 would be set for a legislative interim study when study topics are determined by the LCC, the MHCC and its member associations as well as its individual members will be notified of the study and advised as to how to proceed regarding any grassroots efforts to support such legislation. Separately, the MHCC met with KNASW on June 20 to discuss how the member associations can work together for the betterment of mental health legislation in general, and to provide a form of communication between the respective associations and to insure good access and communication for any future mental health issues dealt with by the Kansas Legislature. Association members should contact their respective association leadership or specific contacts identified by those associations to answer questions regarding the insurance reimbursement issue in the event that they have any questions regarding the issue, or in the event they are willing to work to assist with passage of insurance reimbursement legislation.