§ 58-65-90. No discrimination against mentally ill or chemically dependent individuals. - North Carolina Statutes

§ 58‑65‑90.  Nodiscrimination against mentally ill or chemically dependent individuals.

(a)        Definitions. – Asused in this section, the term:

(1)        "Mentalillness" has the same meaning as defined in G.S. 122C‑3(21), with amental disorder defined in the Diagnostic and Statistical Manual of MentalDisorders, DSM‑IV, or subsequent editions published by the AmericanPsychiatric Association, except those mental disorders coded in the DSM‑IVor subsequent editions as substance‑related disorders (291.0 through 292.9and 303.0 through 305.9), those coded as sexual dysfunctions not due to organicdisease (302.70 through 302.79), and those coded as "V" codes.

(2)        "Chemicaldependency" has the same meaning as defined in G.S. 58‑65‑75,with a mental disorder defined in the Diagnostic and Statistical Manual ofMental Disorders, DSM‑IV, or subsequent editions published by theAmerican Psychiatric Association.

(b)        Coverage ofPhysical Illness. – No service corporation governed by this Chapter shall,solely because an individual to be insured has or had a mental illness orchemical dependency:

(1)        Refuse to issue ordeliver to that individual any individual or group subscriber contract in thisState that affords benefits or coverage for medical treatment or service forphysical illness or injury;

(2)        Have a higherpremium rate or charge for physical illness or injury coverages or benefits forthat individual; or

(3)        Reduce physicalillness or injury coverages or benefits for that individual.

(b1)      [Expired October 1,2001.]

(c)        Chemical DependencyCoverage Not Required. – Nothing in this section requires a service corporationto offer coverage for chemical dependency, except as provided in G.S. 58‑65‑75.

(d)        Applicability. – Thissection applies only to group health insurance contracts, other than exceptedbenefits as defined in G.S. 58‑68‑25. For purposes of this section,"group health insurance contracts" include MEWAs, as defined in G.S.58‑49‑30(a).

(e)        Nothing in thissection requires an insurer to cover treatment or studies leading to or inconnection with sex changes or modifications and related care. (1989, c. 369, s. 1; 1991, c.720, s. 82; 1997‑259, s. 22; 1999‑132, s. 4.3; 2007‑268, s.3.)