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As of March 2007, only Wyoming had no mandate or parity law. Idaho adheres to the limited Federal mental health parity law enacted in 1995.
Provision of mental health insurance benefits is a relatively recent development, beginning in the early 1990s. Advocates for mental health insurance benefits have long sought legislation that would require insurers to provide the same level of benefits for treatment of mental illness that they provide for diagnosis and treatment of medical diseases and conditions. This is known as parity. Landmark law suits in the 1990s helped the cause by influencing legislation in some states.
On October 3, 2008, a 10-year nationwide effort to make health insurance plan benefits for mental health disorders equal to benefits covered for medical conditions finally succeeded. With bipartisan support, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA; the Act) was signed into law. The Act represents a significant improvement over the 1996 Federal Mental Health Parity Act. MHPAEA applies to group health plans providing medical and mental health benefits for group health plans with 51 or more employees.
Less than two years later, Congress passed the Patient Protection and Affordable Care Act of 2010 (ACA). Signed into law on March 23, 2010, ACA expanded the parity requirements of MHPAEA to include individual health plans, qualified health plans (QHPs), and Medicaid non-managed care benchmark and benchmark-equivalent plans. ACA also requires that certain mental health and substance abuse disorder services be covered, the specifics of which will later be determined through rulemaking.
Fixing a problem
The legislation was supported by hundreds of professional and medical societies, including the American Psychiatric Association (APA), which had been working for more than a decade to improve on the Mental Health Parity Act of 1996. While this legislation prevented group health plans from setting lifetime dollar limits on mental health treatments greater than the limits for other healthcare services, loopholes in the legislation allowed plans to limit the type of treatment (inpatient versus outpatient), charge higher copays, and restrict out-of-network coverage. A 2002 Kaiser Family Foundation study found that although 98% of workers with employer-sponsored health insurance had coverage for mental healthcare, 74% of those workers were subject to annual outpatient visit limits, and 64% were subject to annual inpatient daily limits. The nonprofit organization Mental Health America estimates that about 67% of adults and 80% of children requiring mental health services do not receive help, in large part because of discriminatory insurance practices.
David Shern, Ph.D., president and CEO of Mental Health America, called passage of the legislation
MHPAEA took effect April 5, 2010. The Act, in general, pertains to all group health plans with plan years beginning on or after July 1, 2010. Additionally, two other dates are important:
MHPAEA does not require group health plans to provide mental health coverage. However, if a plan offers benefits for mental health conditions (as many do), employers and insurers cannot impose stricter limits on this coverage than for medically based health problems. Specifically, the act requires the following:
Exemptions to MHPAEA
Two exemptions to the Act are as follows:
Key terms of ACA
Under the ACA, the federal government imposed a coverage mandate for mental health and substance abuse services, a mandate not included in the MHPAEA. This mandate extends to QHPs, Medicaid benchmark and benchmark-equivalent plans, and plans offered in the small and individual group market. The ACA defines essential health benefits (EHB), which are comprised of 10 broad categories, including mental health and substance abuse services, and are required to be covered by QHPs. QHPs must provide coverage for services within all 10 categories, but the scope of the coverage still must be defined through rulemaking. However, unlike Medicaid managed care plans, Medicaid benchmark and benchmark-equivalent plans are not required to comply with federal parity laws for annual and lifetime limits for in- and out-of-network benefits.
Beginning January 1, 2014, Medicaid benchmark and benchmark-equivalent plans must offer at least EHB, and new plans offered through individual or small group markets by health insurance issuers must also include EHB coverage.
The ACA also affects the small employer exemption, broadening the definition of a small employer to include those with an average of 1 up to and including 100 employees. However, states may continue to use the MHPAEA small employer definition until 2016.
State parity laws and mandates: How they interact with MHPAEA
Many U.S. states have crafted mental health parity legislation over the years, but the country remains a legislative patchwork of mental health coverage through parity and mandate laws. Mandates are more specific than parity laws in that they require coverage for specific conditions. MPHAEA does not override stronger state mental health parity laws or mandates. MHPAEA was designed to work with state laws. A state law that guarantees the minimum benefits specified in the Act will not be superseded by the Act; however, a health plan may be required to provide benefits beyond what a state law requires to comply with MHPAEA. This means that state and federal laws together will now provide the maximum possible benefits.
Several states provide full parity (i.e., they require insurers to provide coverage for all mental illnesses the same way that they provide coverage for medical illnesses). Most states, however, provide only partial parity in that they define which mental health conditions are subject to parity with medical benefits and the limitations of coverage. Examples of typical limits of partial parity are "severe mental conditions" only or certain mental conditions named and defined in the DSM-IV manual for diagnosing mental illnesses. The state that a patient lives in can greatly affect the level of mental health benefits available through an insurer in that state, so it is worth checking the provision in a patient's state of residence.
See the map depicting state mental health parity laws and mandates. As of mid-2012, only Wyoming had no mandate or parity laws. Thus, health plans need to comply only with MHPAEA.