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Washington, D.C. -- Rep. Rush Holt (D-NJ) today offered two amendments to the Small Business Health Fairness Act of 2005 (H.R. 525) that would require Association Health Plans (AHP’s) to abide by state laws regarding the provision of contraceptive, mental health care, and substance abuse services.
“Allowing business to pool risk is itself a good idea to reduce health insurance premiums,” said Holt. “Unfortunately, this bill instead removes the ability of states to set minimum standards for coverage. States like New Jersey require that any health plan cover mammograms, biological mental health, and prostate cancer screening, among others. Adoption of my amendments would preserve the right of every state to make the choices that best suit their residents.”
The Holt amendment on mental health and substance abuse coverage would ensure that federal law does not interfere with the ability of states to regulate health plans. The amendment is endorsed by the Mental Health Liaison Group (MHLG), a coalition of 38 health care and social services advocacy organizations. On March 14, the MHLG wrote to House Speaker Dennis Hastert and Senate Majority Leader Bill Frist urging them to “reconsider legislation that would unwisely exempt AHPs from state regulation such as mental health parity laws and other consumer protections.”
“We appreciate Mr. Holt's concern for maintaining the effectiveness of state laws on mental health and substance use disorders," said Peter Newbould and Chris Koyanagi, co-chairs of the Mental Health Liaison Group's Health Policy Committee. "We hope that Mr. Holt's colleagues on the Committee will support his amendment."
"The 210,000 members and 1,200 affiliates of the National Alliance for the Mentally Ill (NAMI) are proud to support Congressman Rush Holt's amendment to require Association Health Plans to comply with the existing states laws protecting people with mental illness and their families from insurance discrimination,” said Andrew Sperling, Director Of Legislative Advocacy for NAMI. “AHP’s should comply with minimal state laws that require coverage of treatment for mental illness on the same terms and conditions as all other illnesses. NAMI applauds Congressman Holt's amendment."
Holt’s second amendment, on contraceptive services, would bar Association Health Plans from excluding or restricting coverage on FDA-approved contraceptive devices and drugs. That amendment is supported by NARAL Pro-choice America.
“Rep. Rush Holt is fighting to ensure that Congress doesn't undercut the 21 states that have passed laws guaranteeing equitable insurance coverage for contraception. The vast majority of Americans believe that if insurance plans cover Viagra, they should cover women's birth control. Instead of giving private plans the option of cutting coverage for birth control, Congress should focus on legislation that increases awareness of and access to contraception that prevents unintended pregnancies and reduces the need for abortion. It is an issue of fairness and common sense," said Nancy Keenan, president of NARAL Pro-Choice America.
NARAL Pro-choice America, Planned Parenthood of America and other organizations have argued that efforts to exempt Association Health Plans from state requirements on contraceptive equity and related health screening services discriminate against women. In December 2000, the U.E. Equal Employment Opportunity Commission (EEOC) ruled that an employer’s failure to provide coverage for contraceptive drugs, devices, and services when it covers other preventive measures constitutes sex discrimination under federal law.
“The Congress must not sanction discrimination in the arena of health care coverage,” said Holt. “I urge my colleagues to vote for fairness and equity in coverage for these vital services.”
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