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January 8, 2009
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107th Congress

Public Laws | arrow indicating current page Other Legislation

Mental Health and Substance Abuse Parity

H.R. 162, H.R. 1194, H.R. 4066, and S. 595

Background

Mental health and substance abuse parity legislation would require large employers that offer coverage for mental and other illness to handle all disorders in essentially the same way. Many mental disorders can be clearly diagnosed and effectively treated; some, however, cannot. In the case of drug and alcohol addiction, it is often viewed as a moral issue rather than as a disease. The late Senator Paul David Wellstone (D-MN) said upon introducing the substance abuse parity legislation that "Too often, a cloak of secrecy has surrounded this problem, causing people who have this disease to feel ashamed and afraid to seek treatment for their symptoms for fear that they will be seen as admitting to a moral failure or a weakness in character." The idea behind this legislation is to remove treatment limits or financial requirements on mental health or substance abuse treatment benefits that are not imposed on physical ailments.

Provisions of the Legislation/Impact on NIH

These bills would have prohibited insurers from placing limitations on caps on, access to, or financial requirements for mental health and addiction treatment that are different from other medical and surgical services. The provisions would have allowed the necessary treatment for mental health or substance abuse to be provided. The legislation would also have improved the conditions under which research can be supported and conducted to improve the lives of people who suffer from mental illness and alcohol and drug addiction.

Status and Outlook

H.R. 162, the Mental Health and Substance Abuse Parity Amendments of 2001, was introduced by Representative Marge Roukema (R-NJ) on January 3, 2001, and was referred to the House Ways and Means Committee.

H.R. 1194, the Harold Hughes-Bill Emerson Substance Abuse Treatment Parity Act of 2001, was introduced by Representative Jim Ramstad (R-MN) on March 22, 2001, and was referred to the House Ways and Means Committee.

H.R. 4066, the Mental Health Equitable Treatment Act of 2002, was introduced by Representative Roukema on March 20, 2002, and was referred to the House Energy and Commerce Committee.

S. 595, the Fairness in Treatment: the Drug and Alcohol Addiction Recovery Act of 2001, was introduced by Senator Wellstone on March 22, 2001, and was referred to the Senate Health, Education, Labor and Pensions Committee. Although there was no further action on this legislation during the 107th Congress, it is anticipated that similar legislation will be introduced in the 108th Congress.

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