In what amounts to trying to delay full implementation of the mental health parity law passed in 2008, a coalition of insurance companies went to federal court in April to claim "irreperable harm" and challenge the date when the new regs take effect. The American Psychiatric Association and other advocates oppose these attempts to roll back parity.
The year-long process by which three agencies reviewed comments about the new regulations became a two-part process, the second of which concluded on May 3. NPR's Julie Rovner reports at the end of the second "open comment" period, United Health, one of many insurance companies, submitted a comment delaying the applicability date, and allowing for the continuation of two deductibles -- one for physical the other for behavioral health. An article in the New York Times calls the dispute a "huge fight." The Wall Street Journal aptly states the details of deductibles are among the issues galvanizing both sides.
Whether there should be two deductibles or one has been the basis of disagreement throughout. Advocates maintain two are grossly unfair and the essence of discrimination. Spokespersons for industry claim a single deductible is too costly and vague. A letter from Miller Chevallier, a law firm representing insurance companies and drafting materials for Capitol Hill briefings, compared limits of therapy-based treatments to those of physical or occupational therapy visits per year.
It appears that rather than resolving open issues, the newest round has sharpened what's at stake for mental health reform as part of the larger picture of health reform evolves.
