State-specific notices

Some states require that we notify members or prospective members of certain rights or plan benefits that may apply. Review additional state required notices Opens in a new window.

California:

Important Notice

California Health Plans must cover the levels of care described in ASAM* guidelines, including ASAM* 3.1 (Clinically Managed Low-Intensity Residential Services) or ASAM 3.2-WM (Clinically Managed Residential Withdrawal Management). If you received ASAM 3.1 and ASAM 3.2-WM treatment in 2021 at an appropriately licensed facility and are covered by a California Health Plan you may be eligible for reimbursement.

If you received these services, please contact the behavioral health toll-free number on the back of your ID Card to discuss how these services may be paid for if they meet certain eligibility and clinical guideline requirements.

*American Society of Addiction Medicine©

Greater access to mental health and substance use services

OptumHealth Behavioral Solutions of California (Optum) follows the latest California laws that make the California Parity Act stronger. The Act says all CA health plans and insurers must cover the diagnosis and treatment of certain mental health conditions. This is the same as for other medical conditions. The goal is to make sure members have fair access and overall support for behavioral health services.

The California Department of Managed Health Care (DMHC) recently published new changes to the Act that took effect April 1, 2024.

Below is a brief summary of those changes that are now part of your benefits with Optum:

Network Gap Coverage
If you need mental health or substance use disorder services and a network provider is not available in your area or at a time that works for you, Optum will help you access services from an outside provider. Your coverage will be the same as services from a network provider.

Extra Services
You will also be covered for the following services that may be needed to prevent, find, and treat mental health and substance use disorder:

  • Assertive community treatment
  • Intensive case management
  • Intensive home-based treatment

Case Review
DMHC has said what Optum must do in clinical and use reviews:

  • When a member can get a certain level of care but medical services or treatment are not available, Optum must approve the next-higher level of care.
  • Optum will use Nonprofit Professional Association clinical criteria when it looks at medical needs or uses, and when making decisions about coverage.

California Department of Managed Health Care Opens in a new window

Assembly Bill No. 1184

Your Right to Receive Confidential Communications Related to Receipt of Sensitive Services
California Law gives members certain rights regarding communications received from health insurance companies and health plans regarding the receipt of sensitive services. The law recognizes the importance of maintaining the privacy of this information for members, including minors, who might be vulnerable if it were shared.

This law ensures that these communications are sent to the person who received the treatment or care instead of the plan subscriber.

The law also gives members the right to request that we send communications in a different format or to a different address.

Sensitive Services Subject to this Law
“Sensitive services” refers to all health care services related to mental or behavioral health, sexual and reproductive health, sexually transmitted infections, substance use disorder, gender affirming care, and intimate partner violence.

How we will send communications related to your receipt of sensitive services:
If you have designated an alternative mailing address, email address, or telephone number pursuant to the confidential communication process below, we are required to send or make all communications related to your receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.

If you have not designated an alternative mailing address, email address, or telephone number, we are required to send or make all communications related to your receipt of sensitive services at the address or telephone number on file.

Types of communications subject to this law:
The communications subject to this law include the following written, verbal, or electronic communications related to the receipt of sensitive services:

  • Bills and attempts to collect payment.
  • Notices of Adverse Benefit Determinations.
  • Explanation of benefits (EOB) notices.
  • Requests for additional information regarding a claim.
  • Notices of contested claims.
  • The name and address of a provider, description of services provided, and other information related to a visit.
  • Any written, oral, or electronic communication that contains protected health information.

How to submit a confidential communications request:
Submit your request for confidential communications by completing the form here Opens in a new window.

If you have questions about submitting a request, call customer service at the telephone number located on your health plan ID card.

Your request will be valid until you submit a revocation of the request or a new confidential communication request is submitted.

Join the committee to help improve your benefits

OptumHealth Behavioral Solutions of California (OHBS-CA) leads a Public Policy Committee, and we are looking for new members.

When you join our committee, which includes mental health specialists from our network, you will:

  • Meet every three months with other committee members
  • Offer suggestions to the Board of Directors for changes to policies and procedures
  • Recommend actions OHBS-CA may pursue to improve the quality of care and service
  • Provide insights and offer suggestions for improving your mental health benefits, in general

If you’d like to be a part of the committee, please contact OHBS-CA at carla.arrington@optum.com

Join the Public Policy Committee.

NOTICE OF NONDISCRIMINATION

OptumHealth Behavioral Solutions of California* complies with applicable civil rights laws and does not discriminate on the basis of race, color, national origin, ancestry, religion, marital status, age, disability, or sex (including pregnancy, sexual orientation, gender, and gender identity). We do not exclude people or treat them less favorably because of these characteristics.

This statement is in compliance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Regulations of the U.S. Department of Health and Human Services issued according to these statutes at Title 45 Code of Federal Regulations Parts 80, 84, 91 and 92.

We provide free aids and services to help you communicate with us. You can ask for interpreters and/or for communications in other languages or formats such as large print. We also provide reasonable modifications for persons with disabilities.

If you need these services, call the toll-free number 1-866-556-8166 (TTY 711).

If you believe that we failed to provide these services or discriminated in another way, you can send a complaint to:

Optum Civil Rights Coordinator
1 Optum Circle
Eden Prairie, MN 55344
Optum_Civil_Rights@Optum.com

If you need help filing a complaint, call 1-888-445-8745 (TTY 711).

You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights:

  • File online Opens in a new window
  • Phone: 1-800-368-1019 / 800-537-7697 (TDD)
  • Mail:
    U.S. Department of Health and Human Services
    200 Independence Avenue, SW
    Room 509F, HHH Building
    Washington, D.C. 20201

Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html Opens in a new window

This notice is available at:
https://www.optum.com/en/language-assistance-nondiscrimination.html Opens in a new window

Effective 1-1-2022 for Washington State Residents only:
In addition to the U.S. Department of Health and Human Services, Office for Civil Rights, the Washington State Office of the Insurance Commissioner may be contacted electronically through the Office of the Insurance Commissioner Complaint Portal available at: https://www.insurance.wa.gov/file-complaint-or-check-your-complaint-status Opens in a new window or by phone at 1-800-562-6900 or at 360-586-0241 (TDD). Complaint Forms are available at https://fortress.wa.gov/oic/onlineservices/cc/pub/complaintinformation.aspx Opens in a new window

* OptumHealth Behavioral Solutions of California is also known as U.S. Behavioral Health Plan, California (USBHPC), a subsidiary of United Behavioral Health, also known as “Optum.”\

Colorado:

Emergency and Non-emergency services disclosure

Connecticut:

Senate Bill No. 1085

This bill went into effect 1/1/16 and expands the services certain health insurance policies must cover for mental and nervous conditions. By law, a policy must cover the diagnosis and treatment of mental or nervous conditions on the same basis as medical, surgical, or other physical conditions (i.e., parity). Review Senate Bill No. 1085.

Below are the non-traditional behavioral health services included in this bill that Optum will now cover under the outpatient mental health benefit for plans mandated by this bill ie: fully insured commercial plans, sitused in the State of CT and State of CT employees. All of these services do require prior authorization both in and out of network.

  • Intensive, home-based services addressing specific mental or nervous conditions in a child while remediating problematic parenting practices and addressing other family and educational challenges that affect the child's and family's ability to function;
  • Intensive, family- and community-based treatment programs that focus on environmental systems impacting chronic and violent juvenile offenders.

Senate Bill No. 811

Indiana:

Member Notice - Good Faith Estimate

Maine:

Consumer Notice of Surprise Billing Rights

Maryland:

Maryland Mental Health Parity and Addiction Equity Act (MHPAEA) Healthplan Subscriber Notice

For full mental health benefit information please refer to your Certificate of Coverage (COC) and Schedule of Benefits, or contact your healthcare provider. In addition, you may refer to the Maryland Insurance Administration website: https://insurance.maryland.gov/Pages/default.aspx Opens in a new window

2018 State of Maryland Behavioral Health Services Expense Forms

2017 State of Maryland Behavioral Health Services Expense Forms

Massachusetts:

Access to Community-Based Behavioral Health Service (CBHS) Providers Commercial / Fully Insured

Available CBHS providers that provide crisis, urgent care, and stabilization services, including but not limited to mobile crisis intervention and the emergency services program can be identified by entering community behavioral health centers in the directory search feature.

Access to Services to Treat Child-Adolescent Mental Health Disorders: Behavioral Health Children and Adolescent (BHCA) Services Commercial / Fully Insured

Beginning on 7/1/2019, the Massachusetts Division of Insurance and Department of Mental Health expanded overall accessibility to specific children’s mental health services to Fully-Insured Commercial Massachusetts-Sitused members. Prior to 7/1/2019, these immediate care and outpatient services were only covered by MassHealth (Medicaid) plans through the Children’s Behavioral Health Initiative (CBHI). Services under the Commercial Insurance plan are now referred to as Behavioral Health Children and Adolescent (BHCA) Services.

Specific information on the services is found in the MA State Bulletin 2018-07: Access to Services to Treat Child-Adolescent Mental Health Disorders.

BHCA services may take place in any community-based setting such as at home, school or out in the community. They are comprised of a wide range of supportive interventions to assure effective coordination and monitoring and include the following:

  • Community-Based Acute Treatment
  • Intensive Community-Based Acute Treatment
  • In-Home Therapy / Family Stabilization Team
  • In-Home Behavioral Services
  • Mobile Crisis Intervention
  • Intensive Care Coordination
  • Therapeutic Mentoring
  • Family Support & Training

Not all members are eligible for BHCA services. Massachusetts-sitused (i.e. where your policy is issued) Commercial Fully Insured Plans must provide these services; some other Massachusetts-Sitused Health Plans have opted to offer these services as a “buy-up” to their Employee Self-Funded or ASO plans. There are multiple variables in determining member eligibility. Members and providers are encouraged to verify member eligibility and benefits prior to rendering any BHCA services.

BHCA services apply to:

  • All youth through the age of 18
  • Fully Insured Commercial Plans
  • Policies sitused in the state of Massachusetts
  • Providers practicing in the state of Massachusetts
  • Both in- and out-of-network providers
  • New or renewing accounts on or after 7/1/2019

BHCA services do not apply to:

  • Massachusetts residents whose accounts are not sitused in Massachusetts
  • Non-Massachusetts practicing providers
  • ASO accounts who have not opted to “Buy-Up” for BHCA services

Michigan:

The Michigan Department of Health and Human Services has developed a “non-opioid directive form”, which allows patients to voluntarily inform their health care providers that they do not wish to receive opioids, while the directive is in place. Individuals (or legal guardians) who wish to execute such a directive may download and complete the form and give a copy to their health care professionals.

New Mexico:

New York:

New York State (NYS) Fully Insured Commercial Members - Behavioral Health Appointment Wait Time Standards and Provider Access Complaint

If you are unable to schedule an appointment with a participating provider of behavioral health services within the appointment wait times outlined below, you may file an access complaint by telephone or in writing.

Behavioral Health Services Appointment Wait Time Standards
Participating providers must offer appointments for behavioral health services within the timeframes below:

  1. Ten (10) business days for an initial appointment with an outpatient facility or clinic
  2. Ten (10) business days for an initial appointment with a health care professional who is not employed by or contracted with an outpatient facility or clinic
  3. Seven (7) calendar days for an appointment following a discharge from a hospital or an emergency room visit.

Telehealth may be used to meet these standards. If you request an in-person appointment, we will honor that request.

What is a "participating provider"?
A participating provider is a behavioral health professional, facility, or clinic that is in your plan’s network and has a contract with the health plan.

How to submit a Behavioral Health Services Provider Access Complaint
If you are unable to schedule a behavioral health services appointment with a participating provider within the appointment wait time standards above, you may submit a provider access complaint by telephone or in writing by:

  • Calling Customer Service using the telephone number on the back of your health plan ID card

  • Submitting in writing (mail)

    Mail To:
    Behavioral Health Complaints/Grievances
    P.O. Box 30768
    Salt Lake City, UT 84130-0768

    Please include the following information with your request to help review and resolve your complaint:

    • Member name
    • Member ID
    • Member date of birth
    • Member address
    • Contact phone number
    • Subscriber name
    • Relationship to Subscriber
    • Date(s) you tried to schedule the appointment
    • Provider or facility name (and location, if available)
    • Type of behavioral health service needed (example: outpatient therapy, psychiatry, clinic visit)
    • Preferred appointment type: in-person or telehealth
    • Any dates/times offered that did not meet the standards (if applicable)
    • If someone other than the member is completing this form, please include name, address, and relationship to the member

Rhode Island

Rhode Island allows individuals or authorized representatives to request that their Protected Health Information (PHI) be sent to the insured individual or authorized representative instead of the primary insured who pays for the enrollee’s health insurance plan. Insured individuals or authorized representatives can request that they be contacted at a specific mail or email address or specific telephone number, as designated by the insured individual or authorized representative.

To submit a confidential communications request pursuant to this law, follow the instructions below:

Submit your request for confidential communications by completing the form here Opens in a new window.

Your request will be valid until you submit a revocation of the request or a new confidential communication request is submitted.

Virginia:

Balance Billing Protection Notice

Washington:

Senate Bill No. 1065

Consumer Notice of Surprise Billing Rights Opens in a new window.

Senate Bill No. 5889

Your Right to Receive Confidential Communications Related to Receipt of Sensitive Services

Washington Law gives members certain rights regarding communications received from health insurance companies and health plans regarding the receipt of sensitive services. The law recognizes the importance of maintaining the privacy of this information for members, including minors, who might be vulnerable if it were shared.

This law ensures that these communications are sent to the person who received the treatment or care instead of the plan subscriber.

The law also gives members the right to request that we send communications in a different format or to a different address.

Sensitive Services Subject to this Law “Sensitive services” refers to all health care services related to mental or behavioral health, sexual and reproductive health, sexually transmitted infections, substance use disorder, gender affirming care, and intimate partner violence.

How we will send communications related to your receipt of sensitive services: If you have designated an alternative mailing address, email address, or telephone number pursuant to the confidential communication process below, we are required to send or make all communications related to your receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.

If you have not designated an alternative mailing address, email address, or telephone number, we are required to send or make all communications related to your receipt of sensitive services at the address or telephone number on file.

Types of communications subject to this law: The communications subject to this law include the following written, verbal, or electronic communications related to the receipt of sensitive services:

  • Bills and attempts to collect payment.
  • Notices of Adverse Benefit Determinations.
  • Explanation of benefits (EOB) notices.
  • Requests for additional information regarding a claim.
  • Notices of contested claims.
  • The name and address of a provider, description of services provided, and other information related to a visit.
  • Any written, oral, or electronic communication that contains protected health information.

How to submit a confidential communications request: Submit your request for confidential communications by completing the form here Opens in a new window.

To submit a request over the phone, call customer service at the telephone number located on your health plan ID card.

You may also use the form available at [1 Opens in a new window](https://www.insurance.wa.gov/insurance-resources/health-insurance/how-health-insurance-works/health-information-and-your-privacy) and mail it to:

Optum Privacy Administrator, 11000 Optum Circle, MN101-E013, Eden Prairie, MN 55344

Your request will be valid until you submit a revocation of the request or a new confidential communication request is submitted.