Children's Health Insurance Accountability Act of 1998
Children's Health Insurance Accountability Act of 1998 - Amends the Public Health Service Act to require, if a group health plan (or a health insurer in connection with health insurance) requires or permits an enrollee to designate a participating primary care provider for the enrollee's child: (1) that the enrollee be permitted to designate a pediatrics specialist; and (2) if the enrollee has not designated the child's provider, that the plan consider pediatric expertise in mandatorily assigning a primary provider.
Mandates that a plan or insurer, when required, refer a child to a participating specialist (or, if no participating specialist is available, to a nonparticipating specialist) with extensive experience or training who is available and accessible regarding the condition involved. Mandates a procedure for designation of a specialist as a primary provider for a child needing prolonged specialized care. Mandates standing referrals and treatment plans in certain circumstances.
Requires that the plan or insurer ensure a sufficient number, distribution, and variety of providers.
Requires that, if a plan or insurer provides emergency service coverage for children, that the coverage be without prior authorization, whether or not the provider is participating, and without regard to any other term or condition of coverage, subject to exception. Requires that the existence of an emergency medical condition be judged from the standard of a prudent layperson. Mandates coverage of otherwise-covered services provided as maintenance or post-stabilization care covered under the guidelines of title XVIII (Medicare) of the Social Security Act.
Prohibits an insurer from imposing cost sharing for pediatric specialty services that exceed the cost sharing for other specialty care. Requires special consideration for children with special health care needs.
Mandates continuity of care when a contract between an insurer and a provider is terminated.
Requires an insurer to: (1) maintain an ongoing internal quality assurance program and conduct utilization review activities, both meeting specified minimum requirements; (2) maintain a complaint and appeal system; (3) provide for an independent external review process; and (4) provide specified information to enrollees, prospective enrollees, and the public.
Allows State provisions at least as stringent on insurers as the requirements of this Act.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to apply the amendments above to ERISA as if they were incorporated into ERISA.
Mandates studies and reports regarding: (1) unique characteristics of illness, disability, and injury in children; (2) the development of measures of quality of care and outcomes regarding children's health care; (3) children's access to primary mental health services and the coordination of managed behavioral health services; (4) the structure and performance of non-governmental health plans, Medicaid (title XIX of the Social Security Act) managed care organizations, Medicaid plans, and the program under title XXI (Children's Health Insurance) of the Social Security Act serving the needs of children with special health care needs; (5) the structure and performance of non-governmental plans in serving children's needs as compared to Medicaid managed care organizations; and (6) the emphasis that private managed care plans place on primary care and the control of services as it relates to care and services provided to children with special health care needs.
Read twice and referred to the Committee on Labor and Human Resources.