After Newtown shootings, questions about mental health insurance coverage

In his speech at the memorial service for the Newtown victims, President Barack Obama included mental health in calling for a national response to the massacre, a conversation that so far has focused on gun control. "I will use whatever power this office holds to engage my fellow citizens -- from law enforcement to mental health professionals to parents and educators -- in an effort aimed at preventing more tragedies like this," the president said.

On Monday, White House spokesman Jay Carney pointed to the federal health reform law as evidence that the administration has already started to tackle the issue. Mental health issues are "clearly a factor that needs to be addressed in some of these cases of horrific violence," Carney said. "Obamacare, if you will, has ensured that mental health services are a part of the services" provided under the health law.

Insurance coverage for mental health treatment has long been spotty. More than a quarter of U.S. adults have a diagnosable mental health problem in any given year, but fewer than half receive treatment. While the Affordable Care Act, along with the Mental Health Parity Act of 2008, go a long way toward assuring coverage for most Americans, some gaps persist. There are questions, for example, about just what counts as equivalent treatment under the parity law, and whether it's being fully enforced. 

Here are some answers to frequently asked questions about mental health coverage:

Didn't the Mental Health Parity Act already guarantee coverage for Americans with insurance?

The Mental Health Parity and Addiction Equity Act, signed into law in 2008, made a big dent in the problem of mental health coverage.

Under that law, employers with more than 50 workers that include mental health services in their insurance plans were barred from covering them at a lower level than other medical conditions. That means that the plans could not provide fewer inpatient hospital days or require higher out-of-pocket costs, more cost sharing or separate deductibles for mental health conditions.

An estimated 140 million Americans were expected to benefit from the changes. But Paul Samuels, director and president of the Legal Action Center, says that some people still aren't receiving equal coverage, and the law is not always enforced. "That's a problem we're really concerned about," he says.

And while the law guaranteed parity for employees of companies that chose to offer mental health coverage, the law didn't require employers to offer such coverage. Even so, in 2012, 85 percent of employers offered some form of mental health benefits, according to the Society for Human Resource Management.

Mental health coverage under small business and individual market plans was not included in the Parity Act. In short, whether you have mental health coverage in an employer-sponsored insurance plan depends on where you work.

What if I don't have mental health coverage in my employer’s insurance plan? Will the ACA change that?

Employers with 50 or more workers can continue to not offer the benefits. But small group and individual plans will be required to offer the coverage in 2014 through online exchanges created under the law.

I'm planning to buy an insurance plan through one of the new exchanges. What kind of mental health coverage will I have?

All plans sold in the exchanges will be required to provide coverage for mental health and substance abuse as one of 10 essential benefit categories. That coverage must also comply with the parity laws already required for large employers. The exchanges will be open to individuals and small businesses.

The same rules will apply to small group and individual plans purchased outside of the exchange.

This means that beginning in 2014, if you, or your small employer, are purchasing any new insurance plan, coverage will include mental health benefits on par with any other medical condition. It’s not clear what exactly will be covered – for example, group home and residential treatment outside of a hospital.

I'll be covered under the Medicaid expansion authorized by the law. What kind of mental health coverage will I get?

If you earn less than 138 percent of the federal poverty level (about $32,809 for a family of four), you may be newly eligible for Medicaid coverage in 2014. Like people who purchase coverage through the exchange, new Medicaid beneficiaries will receive mental health benefits on par with other medical or surgical needs.

That coverage is less robust than the current traditional Medicaid coverage offered by states, says Jennifer Mathis, deputy legal director at the Bazelon Center for Mental Health Law. That's because most states offer mental health benefits for Medicaid recipients that are more generous than the coverage offered by commercial insurance plans. But the new Medicaid benefits will be modeled on and measured against private insurance purchased by small businesses now.

Mathis says, however, that it will likely be difficult for states to maintain two parallel Medicaid programs, one for current beneficiaries and a second for the newly eligible. She hopes that most will choose to offer all Medicaid recipients the more robust benefits instead.

What else in the ACA may improve mental health treatment?

The ACA has several other provisions that will affect mental health coverage and treatment.

The Prevention and Public Health Fund created by the law, for example, includes $35 million to integrate primary care and mental health care, $10 million to train and recruit mental health professionals, and an additional $53 million in mental health screening, surveillance and suicide prevention funds.

The ACA also requires that plans offer depression screening for adults without a copayment, co-insurance or a deductible.

What problems might arise?

While the ACA "provides enormous potential and opportunity to make sure than many millions more Americans obtain the services they need," says Samuels, "that will only happen if the implementation of those reforms is effective." Samuels worries that the rules from HHS will not be clear or strong enough to make the parity laws meaningful. He also worries about getting everyone who is eligible for coverage enrolled, particularly those with severe mental health disorders who be may homeless or living on the fringes of society.

In addition, governors in several Republican states have said that they will not expand Medicaid, leeway they were given by the Supreme Court's health law decision in June. That could leave many Americans without any form of insurance coverage, including mental health benefits.

Access to treatment will likely also remain a serious stumbling block. States have cut $4.35 billion in public mental health spending from 2009  to 2012, a trend that is likely to continue over the next several years, according to the National Association of State Mental Health Program Directors. At the same time, the system has seen nearly a 10 percent increase in usage.

As many as 30 million people are expected to gain insurance coverage beginning in 2014. Of those, the U.S. Substance Abuse and Mental Health Services Administration estimates that 6 to 10 million will have untreated mental illnesses or addiction, adding additional demands to a system that is already overwhelmed. Patients may experience long wait times to see a psychiatrist, for example, and may require additional investments to expand the mental health workforce.

"I think there will be initial period where you may see folks with mental health coverage waiting longer than they'd like to get care," says Joel Miller, senior director of policy and health care reform at the state mental health program directors group.

Kaiser Health News is an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente.

Discuss this post

Whatever the solution is. Some thing has to be done. Banning weapons is not the answer. Perhaps requiring a special permit for certain types of weapon or magazines, etc. They would require a deep background check. Like when you get a gun suppressor. Those states that allow it. Like VA charge a very large amount for that permit.

Whitney Houston said it best in a song.

http://www.youtube.com/watch?v=IYzlVDlE72w

Without them, we don't have a future!

  • 1 vote
Reply#1 - Tue Dec 18, 2012 2:32 PM EST

Illinois has stupid laws about gun ownership! What is the purpose of having a F.O,I.D. card if you use the gun for protection and get arrested for murder? I was date-raped years ago and recently I had a site supervisor intimidate me by saying if I wasn't allowed to use my mace. He took advantage of my vulnerability and molested me or I would lose my job! " ' Want to get friendly?" I wonder why women have to deal with this crap!

I wish I had a gun and see him crap his pants! Later: after being remove and reassigned: Another security officer gave me an implied threat to protect his buddy and wore his revolver to an unarmed site = sent to threaten me because I called the police. " he warned me, " If you screamed, no one would hear you!" I told the E.E.O.C. as the police suggested: I could have used my mace= fired! or pointed a gun in his UGLY face= 30 years> Life! No happy medium with this gun control debate! It is a Grey line folks!

    #1.1 - Sat Jan 5, 2013 11:39 AM EST
    Reply

    Parity is a joke, as many insurance companies pay almost nothing for reimbursement for mental health expenses. That results in few doctorate level psychologists seeing patients under these plans, which leaves those with often the most serious mental health issues seeing psychiatrists or less qualified counselors. Medications can relieve some symptoms but often fail to address the underlying issues, such as loneliness, isolation, or anger at one's parents.

    Insurance companies now also farm out their mental health benefits to a third party so that ins company doesn't have to follow parity rules because the primary ins company doesn't "offer" mental health benefits. They still limit visits and require a ton of paperwork for approvals. If you have to fax records, spend hours on paperwork/the phone every 5 sessions, get properly submitted claims rejected regularly, and reimbursement gets magically cut below the rate you were originally given, you learn to avoid that company... so a person is left calling around struggling to find someone. The paperwork to get on many insurance panels (so you can bill them) takes months and you have to complete 100+ pages worth for some. Then they say sorry, we have enough providers in your area so aren't accepting more. Then many of the providers on their list dropped the insurance company years ago but have not been removed so the company can say look at our long list. Many community mental health facilities have a 3 month plus wait because they are overwhelmed.

    The white house has yet to establish rules for parity so insurance companies can get away with almost anything. Medicaid pays so little that it won't even cover the cost of office space rent in many states and Medicare rates were just cut by almost 37% for an office visit!!!

    So yes, mental health care is in bad shape in this country and the government is doing little to fix things, as the politicians (both parties) are getting a ton of campaign contributions from big insurance and pharmaceuticals. Therapists don't make enough to donation millions of dollars to campaigns and many come out of school with $200K in debt.

    Fixing mental health issues could be cost effective but there is little motivation by the government and most people aren't that concerned to begin with until something bad happens.

    • 4 votes
    Reply#2 - Tue Dec 18, 2012 9:40 PM EST

    This is a very useful summary, but it fails to point out that even though the Mental Health Parity and Addiction Equity Act (MHPAEA) was passed more than four years ago, Health & Human Services has failed to release final regulations that tell insurance companies how the law must be interpreted and what rules they must follow. Interim regulations have been issued, but many insurance companies continue to get away with discriminatory practices, such as onerous prior authorization procedures and reduced access to care by maintaining inaccurate and limited provider network directories that result in waiting weeks or months for a new appointment.

    • 2 votes
    Reply#3 - Tue Dec 18, 2012 9:42 PM EST

    I have Schizotypal Personality Disorder and diagnosed in 2009 by the State of Utah. Shortly after my diagnoses I was kicked out of the system when my family could not pay for my care. Half of my adult life has been spent on the streets because I cannot hold a job. In 2010 my illness was added to " The Bible" and I have been trying to get help since then. In Utah I am a 47%er and have been treated as such. I was told by a woman in the disability office that if I became Mormon that I would get better. One of those pray the gay away ideas. Now I can't get a job because my illness shows up in my record and was fired from my last job because I did not tell them I was mentally ill. Utah is a "Right To Work" state. Suicide seems like the only solution sometimes or is that what they want? Please forgive my spelling and grammar, I struggled in school.

      Reply#4 - Sat Jan 26, 2013 10:31 AM EST

      Every state needs to sit down with each other (without Obama) and do something together to fix their states mental health system, no matter what it takes we need to get started. This is so sad, Our childrens mental health should be #1 on this issue, but as politicians always do, those who have wanted to mess with our 2nd amendment rights have taken the Newtown shootings as their ticket to do some "gun good" as their legacy more than likely, rather than thinking of Americas children. They do not want to talk about mental health in Washington (they should be ashamed)

        Reply#5 - Thu Feb 7, 2013 3:30 PM EST
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