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Mental Health Parity Rules Released
We would like all our members to be aware of this recent news from Washington D.C.:
On January 29, 2010, the Obama administration issued new rules that promise to improve insurance coverage of mental health care for more than 140 million people insured through their jobs. The Departments of Health and Human Services, Labor and the Treasury jointly issued the new rules, which provide parity for consumers enrolled in group health plans who need treatment for mental health or substance use disorders. These departments, and the Internal Revenue Service, will share responsibility for their enforcement.
According to the New York Times, the rules could benefit about 111 million people in 446,400 group health plans offered by private employers, and 29 million people in 20,000 plans sponsored by state and local governments.
The new rules prohibit group health insurance plans – typically offered by employers – from restricting access to care by limiting benefits and requiring higher patient costs than those that apply to general medical or surgical benefits.
Under the rules, employers and group health plans cannot provide less coverage for mental health care than for the treatment of physical conditions such as cancer and heart disease. Moreover, insurers cannot set higher co-payments and deductibles or stricter limits on treatment for mental illness and addiction disorders. Nor can they establish separate deductibles for mental health care and for the treatment of physical illnesses.
The rules, which take effect on July 1, carry out a 2008 law that was adopted with bipartisan support, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). MHPAEA applies to employers with 50 or more workers whose group health plan chooses to offer mental health or substance use disorder benefits. Businesses with 50 or fewer employees are exempt.
Effective for plan years beginning on or after July 1, 2010, the rules will make it easier for people to obtain treatment for such conditions as depression, autism, schizophrenia, eating disorders, and alcohol and drug abuse.
Comments on the interim final regulation are due 90 days after the publication date. Comments may be emailed to the federal rulemaking portal at: http://www.regulations.gov.
Comments directed to HHS should include the file code CMS-4140-IFC. Comments to the Department of Labor should be identified by RIN 1210-AB30. Comments to the Treasury's Internal Revenue Service should be identified by REG-120692-09. Comments may be sent to any of the three departments and will be shared with the other departments. Please do not submit duplicates.
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