(1) Hospitalization or confinement in a residential treatment facility would otherwise have been required if home health care services were not provided;

(2) Hospitalization or confinement in a residential treatment facility is not required as an antecedent to the provision of home health care services; and

(3) The services are prescribed in writing by a licensed allopathic or osteopathic physician or a licensed psychologist who is trained and has received a doctorate in psychology specializing in the evaluation and treatment of mental illness.

Sec. VV-11. 24-A MRSA §2843, sub-§3, ¶B-1 is enacted to read:

B-1. "Medically necessary health care" has the same meaning as in section 4301-A, subsection 10-A.

Sec. VV-12. 24-A MRSA §2843, sub-§3, ¶D, as enacted by PL 1983, c. 515, §6, is amended to read:

D. "Person suffering from a mental or nervous condition illness" means a person whose psychobiological processes are impaired severely enough to manifest problems in the areas of social, psychological or biological functioning. Such a person has a disorder of thought, mood, perception, orientation or memory which that impairs judgment, behavior, capacity to recognize or ability to cope with the ordinary demands of life. The person manifests an impaired capacity to maintain acceptable levels of functioning in the areas of intellect, emotion or physical well-being.

Sec. VV-13. 24-A MRSA §2843, sub-§§4 and 5, as enacted by PL 1983, c. 515, §6, are amended to read:

4. Requirement. Every insurer which that issues group health care contracts providing coverage for hospital care to residents of this State shall provide benefits as required in this section to any subscriber or other person covered under those contracts for conditions arising from mental illness.

5. Services. Each group contract shall must provide, at a minimum, for medically necessary health care for a person suffering from mental illness.__Medically necessary health care