A mental health parity measure has been passed in Congress as part of the $700 billion financial rescue package. The measure requires covered employers that provide health plans to cover mental illness and substance abuse on the same basis as physical conditions. President George W. Bush signed the financial package on Friday, October 3. The mental health provisions go into effect one year after enactment, with a different effective date for collective bargaining agreements.

Here are some of the provisions of the mental health measure:

• It applies to group health plans of 51 or more employees.
• It forbids employers and insurers from placing stricter limits (for example, higher copayments or covering fewer doctor's visits) on mental health care than on other health conditions.
• It applies to out-of-network coverage so that plans that offer out-of-network coverage for medical conditions also must provide out-of-network coverage for mental conditions.
• It leaves in place state parity measures.
• It requires that the Departments of Labor, Health and Human Services, and the Treasury issue regulations within one year.

Summary reprinted with permission from the Maryland Employment Law Letter, written by attorneys at the law firm of Whitford, Taylor & Preston, LLP. Copyright 2008 M. Lee Smith Publishers LLC.

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