Mental Health Parity Rules Delayed Until January 2010

Source: American Psychiatric Association

U.S. Health and Human Services (HHS) Secretary Kathleen Sebelius said in an Oct. 2 letter to lawmakers that the Obama Administration aims to issue regulations for the 2008 mental health parity law by January 2010. 

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343) required that regulations be issued by Oct. 3, but HHS and the labor and treasury departments are still working to develop them. 

The letters were in response to queries from Sen. Al Franken (D-Minn.) and Rep. Patrick Kennedy (D-R.I.) who spearheaded efforts from Senate and House members regarding proper implementation of the regulations.  For most insurance plans, the law goes into effect January 1, 2010, and concerned lawmakers and mental health advocates have said the absence of regulations could lead to misinterpretations of the law.  The House and Senate letters also highlighted areas that members said the agencies must take careful care to address such as scope of services, medical management, treatment limitations and the use of "separate but equal" deductibles.
 
HHS has stated that insurance plans should make reasonable efforts to adhere to the law's intent in the absence of regulations and a spokesman for America's Health Insurance Plans, a trade association representing health insurers, said that health plans have already made changes to come into compliance with the law though they are seeking further guidance on some technical questions.