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House passes parity law
(April 2008 Issue)

By Ami Albernaz

A federal law mandating equal coverage for mental and physical illnesses came one step closer to fruition on March 5 with the House passing by a nearly two-to-one margin the Paul Wellstone Mental Health and Addiction Equity Act. Named for the late Minnesota senator who championed parity, the act prohibits insurance companies from limiting outpatient mental health visits or hospital stays and from charging higher co-payments for mental health services.

The House bill is the latest advance in a legislative struggle for parity that has lasted for more than a decade. It would require insurers that offer mental health coverage to include benefits for all of the conditions listed in the latest version of the DSM. In September, the Senate passed a looser parity bill that would allow insurance companies to select the mental conditions they cover.

While President Bush said in 2002 that he supported the concept of mental health parity, the White House opposes the House bill because it "would effectively mandate coverage of a broad range of diseases," The New York Times reported. Business and insurance groups, not surprisingly, favor the Senate bill. The House and Senate will attempt to work out their differences before a bill comes before the president.

"When federal parity legislation becomes law, more than 113 million Americans could benefit from greater access to treatment for mental health and substance use disorders," Randy Phelps, Ph.D, interim executive director for Professional Practice at the American Psychological Association, said in a statement. "We call on Congressional leaders to complete negotiations on a bill that can pass both chambers."

Yet despite the seeming momentum toward parity, the final hurdle will likely be the toughest to clear, says Ken Libertoff, director of the Vermont Association for Mental Health.

"There's a big divide between the two bills, and it's hard to figure out how a compromise between two such different bills would be negotiated," he says. While his association supports the House bill, he says it falls short of ensuring true parity.

"The House and Senate bills apply to insurance companies that choose to cover mental health," he says. "No one's tested the notion that if a bill passes, might insurers drop mental health?"