HR Management & Compliance

Mental Health Parity Act Effective Date Delayed

Update: Mental Health Parity Changes Take Effect January 1, 2010

Congress deferred the effective date of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 to January 2010 for plans that otherwise would have been covered in 2009.

The Mental Health Parity and Addiction Equity Act amends the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act to prohibit employers’ health plans from imposing any caps or limitations on mental health treatment or substance use disorder benefits that aren’t applied to medical and surgical benefits.

The Mental Health Parity and Addiction Equity Act does not require health insurance plans to provide mental health or substance use disorder benefits. However, for group health plans with 50 or more employees that choose to provide mental health and substance use disorder benefits, the Act does require parity with medical and surgical benefits.

Thus, group health plans that provide both medical and surgical benefits and mental health and substance use disorder benefits may not impose financial requirements and treatment limitations applicable to mental health and substance use disorder benefits that are more restrictive than the financial requirements and treatment limitations applied to medical and surgical benefits. Requirements such as co-payments and deductibles and limitations such as number of visits or frequency of treatments can be no more restrictive on mental health and substance use disorder benefits than the requirements or limitations imposed on medical and surgical benefits.

Federal Employment Law Insider is a monthly newsletter written by attorneys at the law firms of McGuireWoods LLP and Fortney & Scott, LLC and provides an insider’s guide to changes affecting federal employment laws and enforcement.

16 thoughts on “Mental Health Parity Act Effective Date Delayed”

  1. It is unfair that this law applies only to employers with 50 or more employees. I work for a federally-funded organization with 23 employees. We are federally funded, yet my group insurance can discriminate against my family member. When she becomes 18, I will try to get her covered by Medicaid. This is a waste of taxpayer money since I can afford to cover her, yet the coverage I have will not afford her the care she needs.

  2. Excluding employers with 50 or fewer employees from the benefits outlined in the Mental Health Parity Act is discrimination! By disallowing coverage for mental health and substance use benefits to be covered in the same manner as “medical and surgical benefits”, (example copayment, deductibles, limitations on the number of visits and frequency of treatments) as employers with 51+ employees implies that the employees of the “smaller” employer are not allowed the same treatment as those of the “larger” employer. What makes the “larger” employer and it’s employees privileged to better treatment and coverage then the smaller employer and it’s employees? Does the “larger” employer have more political pull? What is the deal? This is definitely discrimination against the “small” business owner. Everyone should be treated the same. This country’s political leaders should be ashamed.

  3. This is so unfair – this should be part of Obama’s health care reform. Mental Health should be treated just like any other physcial illness – it is a physical illness.

  4. Are you guys kidding, this is HUGE! I couldn’t be happier my son can now get the mental care he needs (autism) and I no longer have to pay $52,000 a year! There are ways for companies with fewer than 50 employees to get around this. And by the way “Obama care” is the biggest sham out there! You think it’s bad now….. Just wait if “obama care” passes we’ll all have much bigger problems than this!

  5. hey kate: obama made sure the parity thing went through & saved you $52 grand a year. so now why don’t you want other children with autism, or anyone suffering from any ailment, disease, condition or disorder, to have medical coverage. few small companies and lots of people don’t know they need to try to “go around” laws that are unfair? who has you scared of a public health option? fear is the enemy.

  6. my daughter is dying from a serious eating disorder. because our ins policy is a nj state ins plan,her “lifetime” benefits are exhausted,we can not affored treatment any longer.we have paid out of pocket costs for 2 years now,we are in financial ruin.eating disorders are now being considered biological based illnesses,but not if you have a state employee plan!!?? dear god,talk about unfair? anyone have any ideas?

  7. Cheryl,

    Sorry to disappoint you, but President Obama didn’t have anything to do with the new Mental Health Parity rules. They were signed into law by President Bush in October 2008.

    Our fear is based on rational outcomes expected to result from the Public Option. Canada started with a Government/Public Option in 1957 and their system spiraled downward to single payor…what began as freedom of choice evolved into no-choice.

  8. Its unfortunate this act was put in place. The act allows plans to eliminate mental/nervous/substance abuse coverage. I think you will find most plans will now exclude coverage from their plans, expecially give current economic conditions. Clearly, our government did not thinking when they put this law into effect.

  9. I am a Mental health provider and I see everyday the shortcomings of mental health coverage. Why should this be needed if we were equal to all other coverage . The paperwork for mental health also is a full time job !!!

  10. The mental health act states the co-pay is whatever a medical and surgical co-pay is. Which one is it? I pay $20 to see my doctor and $45 for a surgeon visit. If it is the latter than my copay for therapy just more than doubled. How is this helpful? If this is the case I will be paying $540 a month in co-pays as a fully insured person.

  11. Chris is exactly right. This act does not require insurance companies to offer mental health benefits nor does it regulate premiums. If this benefit balloons out of control insurers will drop it or add it as a very expensive rider. Where were the government actuaries on this one?

  12. For us this took our very good mental health coverage and added over $300 dollars a month to our budget. I received a bill today after not being notifed the change was going into effect—and we now have a co-pay where we didn’t before. Beacause our mental health services are now biological and must meet our copay for a regular office visit, we have now been priced out of vital mental health services for our autistic child and my husband who has severe anger management issues. thank you to our interfereing government

  13. The US Congress delay in the effective date gave many large health insurance providers the OPPORTUNITY to eliminate or reduce the coverage for mental health. There is no or medicore mental health care available.

    Between Oct – Jan 2010 Health insurance companies provide enrollment opportunties and announce the changes in health plans. No doubt that health insurance plans cut the mental health care or reduced coverage given this opportunity. Congress will pay and we will all suffer.

    The IRS Air plane pilot in Texas this Feb ’10 and the pentagon shooter would be refused mental health care by their ins companies. We are entering an era of ‘who do i have to shoot around here to get some mental health care?’

  14. Does this mental health parity act also cover non-severe mental health issues? I read only severe ones and specific diagnosis, with all the rest excluded. If that is true – That stinks!

  15. I would like to know if I have been out on long term disability since April 2009, because of Epilepsy, seizures, pseudo seizures and mental issues, I was informed that being the fact that my last couple of seizures have been pseudo I will no longer be covered to receive long term disability pay benefits after April 2011 because this is more of a mental issue than physical issue and Unum long term disability only covers mental issues for two years. I am actively going to the neurologist, taking my anti-seizure mediciation, have approximately 4-8 seizures a month (which has considerably dropped in numbers) and I see the psychiatrist every week. Isn’t the parity law that just went into affect, effects me? I was under the assumption that medical and mental issues are to be treated the same. How can Unum just cut me off of benefits after two years?

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