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President Signs Mental Health Parity Into Law
[October 06, 2008]

President Signs Mental Health Parity Into Law


(BestWire Services Via Acquire Media NewsEdge) Health insurance plans will be barred from placing more restrictive conditions on mental-health coverage than those for medical and surgical coverage, under provisions of the Emergency Economic Stabilization Act signed by President Bush.



Bundled with the legislation that creates a $700 billion federal facility to purchase distressed financial sector assets, the parity provisions do not actually mandate that plans provide coverage of mental-health or substance-abuse benefits. Instead, the new law requires plans that offer mental benefits to ensure that deductibles, co-payments and covered hospital days and visits for mental-health benefits be on par with those for other physical impairments.

An earlier House-passed version of parity legislation drew concerns from insurer and employer groups, due to a mandate that group health plans offering mental health benefits extend equitable coverage to all conditions listed in the Diagnostic and Statistical Manual of Mental Disorders. That language was dropped from the final version of the bill.


"Millions of Americans will now be assured greater access to mental and behavioral health coverage while continuing to benefit from the innovative programs health plans have developed to promote high-quality, evidence-based care," America's Health Insurance Plans President Karen Ignagni said in a statement. The group had argued that the original House bill could have interfered with customized disease management, care coordination, health coaching, medication reminder and Web-based support tools that plans have implemented to support mental and behavioral health treatment.

The new requirements would apply to any group health plan with 51 or more employees and would for the first time apply to self-insured employer health plans, which previously had been exempt under the Employee Retirement Income Security Act from state-level mental-health parity laws. Unlike an earlier version of the bill passed unanimously by the Senate, the final measure would not preempt any state-level requirements.

"While striking the right balance, this legislation nonetheless remains a benefit mandate on large employers," said Helen Darling, president of the National Business Group on Health. "At a time when large employers are working hard to maintain benefits, mandates have the potential over time to erode large employers' ability to provide coverage to their workers and dependents."

The measure also requires that if a plan offers out-of-network benefits for medical or surgical treatment, it must also do so for mental health and substance abuse treatment. None of the bill's mandates would not apply to health insurance sold in the individual market. According to the National Institute of Mental Health, more than 57 million Americans suffer from a mental health disorder. A 2008 survey sponsored by the American Psychological Association suggested 25% of Americans did not have "adequate" access to mental health services and 44% either did not have mental health coverage or were unsure if they did.

(By R.J. Lehmann, Washington bureau manager: [email protected])

Copyright ? 2008 A.M. Best Company, Inc.

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