(d) As used in this subsection (2), unless the context otherwise requires:
(I) Eye care provider means a participating provider who is an optometrist licensed to practice optometry pursuant to article 275 of title 12 or an ophthalmologist licensed to practice medicine pursuant to article 240 of title 12.
(II) Eye care services means those health-care services related to the examination, diagnosis, treatment, and management of conditions and diseases of the eye and related structures that a health coverage plan or managed care plan is obligated to pay, reimburse, arrange, or provide for covered persons or organizations as specified by a health coverage plan or managed care plan, excluding those health-care services rendered in conjunction with a routine vision examination or the filling of prescriptions for corrective eyewear.
(3) Treatment of intractable pain. (a) A service or indemnity contract issued or renewed on or after January 1, 1998, by any entity subject to part 2, 3, or 4 of this article 16 shall disclose in the contract and in information on coverage presented to consumers whether the health coverage plan or managed care plan provides coverage for treatment of intractable pain. If the contract is silent on coverage of intractable pain, the contract is presumed to offer coverage for the treatment of intractable pain. If the contract is silent or if the plan specifically includes coverage for the treatment of intractable pain, the plan shall provide access to the treatment for any individual covered by the plan either:
(I) By a primary care physician or physician assistant authorized under section 12-240-107 (6), so long as the physician or physician assistant has demonstrated interest and documented experience in pain management and has a practice that includes up-to-date pain treatment;
(II) By providing direct access to a pain management specialist located within this state and participating in and available under the plan; or
(III) By having procedures in place that ensure that, if the individual requests a timely referral for intractable pain management to a pain management specialist participating in and available under the plan, the carrier shall not unreasonably deny the request for referral.
(b) The commissioner may promulgate rules to implement and administer this subsection (3) that include the following issues:
(I) What constitutes a timely referral;
(II) Circumstances, practices, policies, contract provisions, or actions that constitute an undue or unreasonable interference with the ability of an individual to secure a referral or reauthorization for continuing care;
(III) The process for issuing a denial of a request, including the means by which an individual may receive notice of a denial and the reasons for the denial in writing;
(IV) Actions that constitute improper penalties imposed upon a primary care physician or physician assistant authorized under section 12-240-107 (6) as a result of referrals made pursuant to this section; and
(V) Such other issues as the commissioner deems necessary.
(c) For purposes of this subsection (3), intractable pain means a pain state in which the cause of the pain cannot be removed and for which, in the generally accepted course of medical practice, relief or cure of the cause of the pain is impossible or has not been found after reasonable efforts, including evaluation by the attending physician or physician assistant authorized under section 12-240-107
(6) and one or more physicians specializing in the treatment of the area, system, or organ of the body perceived as the source of the pain.
(4) Access to pediatric care. (a) If a carrier offering an individual or small employer health benefit plan requires or provides for the designation of a participating primary health-care professional, the carrier shall permit the parent or legal guardian of each covered person who is a child to designate any participating physician or physician assistant authorized under section 12-240-107 (6) who specializes in pediatrics as the child's primary health-care professional if the pediatrician or physician assistant is available to accept the child.
(b) The provisions of paragraph (a) of this subsection (4) do not waive any exclusions of coverage under the terms and conditions of the health benefit plan with respect to coverage of pediatric care.
(5) Annual behavioral health screenings. A health benefit plan that is issued or renewed in this state on or after January 1, 2020, that provides coverage for an annual physical examination as a preventive health-care service pursuant to section 10-16-104 (18) shall include coverage and reimbursement for behavioral health screenings using a validated screening tool for behavioral health, which coverage and reimbursement is no less extensive than the coverage and reimbursement for the annual physical examination.