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Parity bill’s fate likely to be decided in September
(August/September 2008 Issue)

By Ami Albernaz

Following intense negotiations, the U.S. House and Senate have come to an agreement on mental health parity legislation. If approved by the White House, it would mark the end of a more-than-a-decade long struggle to mandate equal treatment for physical and psychological ailments by insurance companies.

Although the Senate and House parity bills shared the same goal, they differed on some key points. The Senate bill, which passed last September, was more palatable to business and insurance organizations, which feared an increase in costs under the parity law.

The compromise exempts businesses with fewer than 50 employees, the Wall Street Journal reported. The compromise includes the House provision that out-of-network mental health and substance use disorder services be provided at parity when a plan provides out-of-network physical health services. It also requires plans to disclose their medical necessity criteria and to provide reasons for denials of coverage. States with parity laws stronger than the federal bill would have those laws preserved, while state laws weaker than the new federal bill would be superseded. The compromise does not require insurers to cover mental health and addiction services; rather, it governs the practices of those that do.

The bill, which would affect around 70 percent of Americans with employer-provided insurance, is expected to raise monthly premiums slightly, while offering significant cost savings for those who use mental health services. Premiums for group health insurance would increase by an average of 0.4 percent under a parity law, the Congressional Budget Office estimated.

The bill would cost the government roughly $3.4 billion over the next decade, says Doug Walter, J.D., legislative and regulatory council for the APA Practice Organization. (That cost would result from lower taxable wages because of higher insurance premiums). Under Congressional rules, offsets for the bill's cost must be found before it can be brought back to the House and Senate floors for a vote. It appears that some financing options have already been found, Walter says, and that it will be brought back to both chambers in the fall.

"There are avid sponsors in the House and Senate, so even in a [legislatively] crowded September, I think it has a good chance of being passed," Walter says. "It's going to provide comprehensive coverage for mental health. We don't see any loopholes in the legislation… It's really an historic marker for mental health."