The Biden administration made a significant announcement on Monday, revealing plans to finalize a proposal aimed at compelling health insurers to cover mental health care on an equal basis with physical health conditions. This move is part of a larger effort by the federal government to address the issue of insurance plans inadequately covering treatment for mental health conditions such as anxiety, depression, and addiction.
Despite existing laws mandating health insurers to provide comprehensive coverage for mental health, many Americans, even those with health insurance, still encounter financial barriers when seeking mental health care. Lisa Gomez, the assistant secretary for employee benefits security at the U.S. Department of Labor, emphasized the importance of ensuring that access to mental health care is on par with access to physical health care.
The finalized regulation is a follow-up to a proposal put forward by the Health and Human Services, Labor, and Treasury departments last summer. It will require insurers to act on analyses they are already obligated to conduct to ensure equal coverage for mental health conditions. The rule prohibits plans from imposing more stringent prior authorization requirements for mental health compared to physical health conditions and closes loopholes that exempt certain insurance plans from parity requirements.
While the new regulation does not introduce any new enforcement mechanisms, the administration believes that insurers will comply in order to remain competitive. This is not the first time federal regulators have sought to enforce mental health parity laws, as Congress initially passed the Mental Health Parity Act in 1996, which was later updated in 2008 and 2020. However, some insurers still fail to adhere to these regulations.
The Biden administration’s decision to finalize the new regulation comes after more than a year since its proposal. Typically, final rules take effect at least 60 days after being announced. Despite bipartisan support for efforts to improve mental health parity, some critics, like Rep. Virginia Foxx (R-N.C.), argue that the new rules are overly burdensome and will not effectively improve access to mental health care.
In response to criticism, President Biden and Vice President Kamala Harris framed the action as part of a broader initiative to enhance mental health care accessibility nationwide. They highlighted the importance of ensuring that every individual has the necessary mental health care to thrive, emphasizing the significant investment made in youth mental health and the transformation of mental health care for all Americans.
Overall, the finalized regulation represents a crucial step towards achieving mental health parity and ensuring that individuals receive the mental health care they deserve. The administration’s commitment to addressing this issue underscores the importance of prioritizing mental health care and removing barriers to access for all Americans.