§ 58-51-55. No discrimination against mentally ill or chemically dependent individuals.
§ 58‑51‑55. 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 a subsequent edition 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. 58‑51‑50,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 insurance company licensed in this State under thisChapter shall, solely because an individual to be insured has or had a mentalillness or chemical dependency:
(1) Refuse to issue ordeliver to that individual any policy that affords benefits or coverages forany medical treatment or service for 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 insurer to offercoverage for chemical dependency, except as provided in G.S. 58‑51‑50.
(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. 3; 1991, c.720, s. 81; 1997‑259, s. 21; 1999‑132, s. 4.2; 2007‑268, s.1.)