Biden Administration Announces Proposed Rules to Reinforce Mental Health Parity Act
Key Highlights :
The Biden administration on Tuesday announced proposed rules to reinforce the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008, which requires insurance companies to cover mental health benefits to the same degree as medical and surgical benefits. The proposed rules are aimed at addressing the stark lack of access Americans have to mental health care, with White House domestic policy adviser Neera Tanden citing that only half of Americans with mental health needs receive the care they need.
The proposed rules would require health plans to make changes if they are found to be providing “inadequate access” to mental health services. This would include adding more mental health professionals to their networks, reducing the amount of red tape to get care, and explicitly stating companies cannot use “more restrictive prior authorization, other medical management techniques, or narrower networks” to limit mental healthcare access. The rules would also close the loophole under the original enactment of the MHPAEA which did not require the health plans of state and local government employees to comply with the federal law.
The Biden administration estimated that codifying changes to the MHPAEA that were passed by Congress would affect 200 more health plans and 90,000 consumers. Once the proposed rules are published in the Federal Register, there will be a 60-day comment period for the public. When asked how the White House plans to enforce these new rules, senior administration officials said they planned to report to Congress on non-compliance as well as raise public education among consumers on how their health plans are legally obligated to cover mental health care. The officials did not disclose any plans for penalties on health insurance companies who do not comply. Without disclosing a strict timeline, an administration official said the rules would be finalized in the “near future.”
The proposed rules are a step in the right direction for the Biden administration in addressing the lack of access Americans have to mental health care services. If the proposed rules are finalized, they will ensure that insurance companies provide mental health benefits to the same degree as medical and surgical benefits, and that those with mental health needs can receive the care they need.
