The Massachusetts Chapter
MENTAL HEALTH PARITY IMPLEMENTATION
Re: S.588, An Act Relative to Mental Health Parity Implementation
BACKGROUND
Mental Health parity recognizes that insurance coverage for mental health conditions and substance use
disorders must be the same as coverage for physical health problems.
Despite significant legislative efforts at both the state and federal level, true parity has yet to be attained.
Widespread barriers to behavioral health remain with insurance coverage, which perpetuate inequity.
SOLUTION
MCAAP supports S. 588, “An Act Relative to Mental Health Parity Implementation,” which will
create more equitable access to behavioral health care for families and children by giving needed tools
to insurance regulators to oversee implementation of mental health parity laws.
S.588 would:
• Improve enforcement of mental health parity laws through enhanced carrier self-reporting.
o Health insurance carriers licensed in Massachusetts that provide mental health or substance
use disorder coverage would be required to submit annual reports to Insurance
Commissioner.
• Ensure consistent and fair application of medical necessity criteria
o Reports must describe process for development and selection of medical necessity criteria
for mental health benefits as well as process for medical necessity criteria for medical and
surgical benefits.
o Reports must contain analysis that development of medical necessity criteria for mental
health and substance use disorder are comparable and no less stringent than process and
standards used in development of medical necessity criteria for medical and surgical
benefits.
• Address barriers created by insurers such as time-consuming prior approval processes by authorizing
regulators to perform parity compliance market conduct examinations of insurers.
• Apply to MassHealth as well.
Strengthening parity in the Commonwealth is critical to ending discrimination in the coverage of behavioral
health care. By closing loopholes, increasing transparency, and providing consumers with tools to understand
parity and to challenge violations, Massachusetts can fulfill the promise of true mental health parity.
S. 588 is before the Joint Committee on Financial Services.
The MCAAP urges the Legislature to pass S. 588.