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

§ 58‑67‑75.  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. 58‑67‑70,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 health maintenance organization governed by this Chaptershall, solely because an individual has or had a mental illness or chemicaldependency:

(1)        Refuse to enrollthat individual in any health care plan covering physical 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 an HMO to offercoverage for chemical dependency, except as provided in G.S. 58‑67‑70.

(d)        Applicability. – Thissection applies only to group contracts, other than excepted benefits asdefined in G.S. 58‑68‑25. For purposes of this section, "grouphealth 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. 2; 1991, c.720, s. 83; 1997‑259, s. 23; 1999‑132, s. 4.4; 2007‑268, s.4.)