Advocacy organization for insurers, AHIP, has expressed concerns over the “flaws” in the July proposed rule for mental health parity, in a recent Tuesday comment letter to the Departments of Health and Human Services, Treasury, and Labor. AHIP’s comments recommend the withdrawal of the proposed rule stating that it does not improve access to mental health care.
The proposed rule attempts to expand on the Mental Health Parity and Addiction Equity Act (MHPAEA), put into effect in 2008. The act enforces equal coverage of mental health benefits to physical health benefits by health insurance plans. The proposed rule further mandates insurers to analyze the outcomes of their coverage policies focusing particularly on aspects such as the payment to out-of-network providers and the frequency of prior authorization denials.
In their letter, AHIP recommends a restart of the rulemaking process, inclusive of stakeholder engagement. The organization argues that the proposed regulations have significant legal, policy, and operational issues and thus, will not achieve increased access to mental health care or substance use disorder treatment.
The Blue Cross Blue Shield Association also issued a statement opposing the mental health parity rule, suggesting that the rule could eliminate necessary protections ensuring safe, medically necessary, effective patient care. The organization’s statement also included recommendations such as the expansion of telemental health services and allowance for behavioral health providers to practice across state lines.
Meanwhile, other organizations, including the American Medical Association, are in favor of the proposed rule. They have publicly supported the Biden administration’s commitment to addressing insurers’ continued failures to comply with MHPAEA, adding that non-compliance has significantly contributed to the nation’s mental health crisis and substance use disorder epidemic, both of which have been worsened by the pandemic.