The Mental Health Parity Act of 1996

The United States General Accounting Office (GAO) released testimony presented to the Senate Committee on Health, Education, Labor and Pensions.
The Mental Health Parity Act of 1996

The Mental Health Parity Act of 1996

On May 18th, the United States General Accounting Office (GAO) released testimony presented to the Senate Committee on Health, Education, Labor and Pensions. The document entitled, Mental Health Parity Act: Employers´ Mental Health Benefits Remain Limited Despite New Federal Standards, is an assessment of the implementation of the Mental Health Parity Act of 1996 (MHPA).

Inequities in Coverage of Mental Illness vs. Other Illnesses

The MHPA of 1996 established a federal standard for employer-sponsored group health plans.   Although an estimated 40 million American adults suffer some form of mental illness each year, private health insurance plans provide less coverage for the treatment of mental illness than they provide for medical and surgical treatments.   The law requires that employers, who impose lifetime and annual dollar limits on patient health care coverage, not differentiate between mental health and other illnesses. The law does not require any employer-sponsored plan to offer mental health coverage or to include substance abuse treatment.   The employer can still require higher cost sharing and greater service limits (hospital stays or outpatient visits) for mental health coverage.

Comparable State Legislation

As of March 2000, according to the National Conference of State Legislators´ (NCLS) Health Policy Tracking Service, forty-three states and the District of Columbia have laws concerning mental health benefits in employer-sponsored group health plans.   Twenty-nine of the states provide parity that includes cost-sharing and service limits. Sixteen states require full parity --mental health must be covered and parity includes dollar and service limits as well as cost sharing.

Employer Compliance and Cost

To see if employers were complying with the MHPA, the Health, Education and Human Services Division (HEHS) of the GAO surveyed employers in states that did not have laws more comprehensive that the federal regulation.   They found that 86% of employers who responded were complying with the federal parity requirements and 14% were not compliant.   A large percentage of employers changed a mental health benefit in their plans to mitigate any costs arising from the parity in dollars required by the new law.   Mostly they limited outpatient visits

and hospital stays.   These changes made it difficult to determine if parity increased the cost of the plan.   Only 3% of employers surveyed reported that claims costs rose with the federal legislation.

In states that require parity in dollars, service and cost-sharing, studies have determined that the increase in cost is between two and four percent.

The Future

Without legislative action the MHPA will no longer be in effect as of September 30, 2001. The cost of the legislation for employer-sponsored plans has been negligible.   Has the effect of the legislation been negligible as well?     The majority of Americans still remain in employer-sponsored health plans that provide little or no increase in access to mental health benefits.

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