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October 11, 2007

Mental health parity bill heard

Patrick wants passage, legislators are told

By Lee Hammel TELEGRAM & GAZETTE STAFF
Worcester Telegram and Bazette

BOSTON—
Mental health parity would become a reality, and not just the name of a political compromise, if the state Legislature passes a bill that got a hearing yesterday before the joint Committee on Mental Health and Substance Abuse.

Six years ago, legislators passed a mental health parity law amid general congratulation that discrimination in coverage would end because insurers who offered mental health coverage were required to make it equal to the insurance they offered for other illnesses.

To get the bill through a contentious legislative process, advocates had to agree to exclude mental illnesses in adults not considered biological in nature. So, while nine classes of major mental illnesses, such as schizophrenia and depression, were included, disorders such as post-traumatic stress disorder, eating disorders and substance abuse were not included.

Yesterday, state Rep. Ruth B. Balser, D-Newton, the committee’s co-chairwoman and a clinical psychologist, said that is a political, not a scientific, distinction. She said research shows a biological connection for even those disorders, and that battered wives and stressed war veterans need treatment in any event.

Gov. Deval L. Patrick supports the bill, state Department of Mental Health Commissioner Barbara Leadholm testified. She said that mental illness causes more absenteeism and lost productivity than many other chronic conditions, such as diabetes, asthma and arthritis.

Former Gov. Michael S. Dukakis and his wife, Kitty Dukakis, who has written about her bouts of substance abuse and mental illness, were on hand at a press conference and testified during the hearing.

The former governor said that dozens of evaluations of state and federal insurance policies that include mental health parity have shown no significant increase in costs.

“If managed properly, they do go down dramatically,” Mr. Dukakis said, because treatment is received earlier when it is more effective and less expensive.

When limits on mental health and substance abuse services were eliminated from federal employee health insurance, 1.35 percent to 2.75 percent more people used mental health services, according to former DMH Commissioner Marylou Sudders. Spending, however, did not increase, a study in the New England Journal of Medicine showed.

The bill in the state Legislature comes on the heels of the U.S. Senate’s unanimous passage of a mental health parity law on Sept. 18. The federal bill, awaiting House action, would regulate the self-funded insurance plans of companies with more than 50 employees — estimated to affect about 60 percent of the insurance plans in Massachusetts.

The state regulates smaller insurance plans, including those mandated by a recent state law requiring all residents to have medical insurance.

The committee heard from people with mental illness and from family members who said they have been exhausted dealing with insurance companies that they say take advantage of the murkiness of the law to deny benefits.

Paul Kusiak of Beverly said he was turned down by “a psychiatrist in Texas who never saw our son” for payment of $14,000 in treatment bills for his crack-addicted son.

After losing multiple appeals on bills that he said the insurance company knew it was responsible for, Mr. Kusiak said he threatened to report the company to the state Legislature and expose it in the press.

The company called him back and approved the payment within minutes, he said.

Ann Rudy of Roslindale, who has bipolar illness and recently graduated from law school, told the committee that passage of the original bill in 2000 made her believe that “really, I matter.”

“You have the power to give so many people a full life,” she testified.

While no one testified against the bill yesterday, the Massachusetts Association of Health Plans released a statement opposing the bill, saying that it would lead to “significant increases in the cost of health.”

Because it mandates coverage of any disorder listed by the American Psychiatric Association, “This mandate opens the door to requiring coverage for diagnoses that are not appropriately treated in the behavioral health setting and would require coverage of ‘non-medical’ services as part of medical coverage,” MAHP said.

Susan Fendell of Mental Health Legal Advisers Committee thinks the bill does not go far enough.

Calling the present system inhumane, the MHLAC’s senior lawyer wants mandated coverage extended to age 25, not age 21 as the bill proposes.

She also said the system can be circumvented unless health care providers, not insurance companies, determine what is “medically necessary.”