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Legislative Issues
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10/3/2008
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Mental Health Parity Legislation Signed Into Law!!
The long campaign to pass mental health parity legislation is over, with a stunning win in Congress.
Earlier this week, the Senate approved the Emergency Economic Stabilization Act of 2008 that includes the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act. Earlier this afternoon the House also voted to approve this legislation making this a momentous day for children and adolescents with mental illnesses and ending discriminatory health insurance coverage.
This legislation expands the Mental Health Parity Act of 1996 by prohibiting group health plans from imposing treatment or financial limitations on mental health benefits that are different from those applied to medical/surgical services. It closes the loopholes that allow discrimination in the co-payment, coinsurance, deductible, maximum out-of-pocket limit and day and visit limits.
Click here to see how your Senators voted.
Click here to see how your Representatives voted.
For more information about the legislation, please visit our Advocacy booth at the this year’s Annual Meeting or visit the AACAP Web site.
I would like to thank all of you who took the time to advocate for this bill. Mental health parity would not be a reality today without your help.
A special thank you to Kristin Kroeger Ptakowski, AACAP’s Director of Government Affairs, Beth Rorick, and Pat Jones for their continued efforts to passing this legislation.
Congratulations to everyone!
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FEDERAL LEGISLATION
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FOR IMMEDIATE RELEASE
October 3, 2008
Mental Health Advocates Rejoice as
Health Insurance Discrimination May End
White House Is Last Stop
The Bazelon Center for Mental Health Law-the leading national legal-advocacy
organization representing individuals with mental disabilities--salutes Congress
for passing mental health and addiction parity legislation.
"After years of debate and discrimination, th e door to equitable coverage of
mental health services is open at last," said psychologist Robert Bernstein,
the Center's executive director.
The Paul Wellstone and Pete Domenici Mental Health and Addiction Equity Act of
2008 ends differing coverage by health insurance for the millions of children
and adults who require mental health and addiction treatment. Many have
delayed or avoided seeking treatment because of high out-of pocket costs and
inequitable treatment restrictions.
"Parity is essential for a healthy nation," said Bernstein. "The Equity Act
will lower the barriers to mental health care that have led to a host of
adverse outcomes, including custody relinquishment to get access to care for a
child, school failure and even suicide."
The law passed today provides parity between medical-surgical and mental health
and addiction benefits in plans that offer mental health coverage. When signed
by the President, it will prohibit health insurance plans sponsored by
businesses with 50 or more employees from imposing day and visit limits or
applying different deductibles, co-payments, out-of-network charges and other
financial requirements for treatment. The Equity Act builds on the 1996 Parity
Act, which provided limited parity for lifetime and annual dollar limits.
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ILLINOIS STATE LEGISLATION
09/22/08
Great news. HB 1432, the bill to add Anorexia Nervosa and Bulimia Nervosa to
the list of diagnoses covered by the Illinois Mental Health Insurance Parity
Act, was passed into law today.
For those of you who have been following this bill, HB 1432 passed both the
House and Senate but the Governor put an Amendatory Veto on it just days
before it would have become law. Two weeks ago we worked to get the Amendatory
Veto overriden in the House but it looked like the bill would die because it
had to be by overridden by the Senate within 15 days. The Senate was not
scheduled for a session until November.
At the last minute, Senator Obama called both the President of the Senate,
Emil Jones, and the Governor asking them to re-convene to work on the ethics
bill. The session was called for today which opened up the door for our bill to
be heard in the Senate. Senator Cullerton filed for an override and the
Senate overrode the Veto. Our bill now becomes law.
Our gratitude goes out to the original sponsor of the bill in the House,
Representative Fred Crespo and to Senator Cullerton, who sponsored the bill in
the Senate. Thanks also to all you IPA members who contacted your legislators
to make this happen.
Terry
Terrence Koller, Ph.D., ABPP
Executive Director
Illinois Psychological Association
203 N. Wabash Avenue Suite 1404
Chicago, Illinois 60601
Phone: 312-372-7610 x202
Fax: 312-372-6787
_www.illinoispsychology.org_ (http://www.illinoispsychology.org/)
Illinois Governor Blagoyevich's 8/29/08 amendatory vetoes to HB 0953 and HB 1432 (below) were overridden on 9/10/08 by the IL House of Representatives.
HB 1432
Governor Blagoyevich's
Amendatory Veto
08/29/08
http://www.ilga.gov/legislation/fulltext.asp?DocName=09500HB1432gms&GA=95&SessionId=51&DocTypeId=HB&LegID=30223&DocNum=1432&GAID=9&Session=
beyond coverage for eating disorders (see CRESPO below), this amendment adds coverage for adjustment disorders following sexual trauma or loss of a loved on to suicide or homicide
on page 1, line 22, after “limit.”, by inserting “Coverage required pursuant to this subsection (a)(1) shall include treatment and services for victims of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or any offense under Article 11 of the Criminal Code of 1961, and grief treatment and services for the parent, child, spouse, sibling, domestic or same-sex partner of a person who dies by homicide or suicide. For such events, the insured may not be required to pay more than 40% of expenses incurred as a result of the treatment or services.”; and
on page 4, line 8, by deleting “and.”; and
on page 4, line 9, by replacing “bulimia nervosa.” with “bulimia nervosa; and”; andon page 4, immediately below line 9, by inserting “(L)_adjustment disorders resulting from criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, an offense under Article 11 of the Criminal Code of 1961, or the death by homicide or
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THIS AMENDATORY VETO WAS OVERRIDDEN BUT THE LAW HAS NOT BEEN ENACTED. (09/10/08)
IL HB 0953
Governor Blagoyevich's
Amendatory Veto
08/29/08
http://www.ilga.gov/legislation/fulltext.asp?DocName=09500HB0953gms&GA=95&LegID=28572&SessionId=51&SpecSess=0&DocTypeId=HB&DocNum=0953&GAID=9&Session=
caps coverage for autism spectrum disorders at $36,000 per year
(a) A group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 95th General Assembly must provide individuals under 21 years of age coverage for the diagnosis of autism spectrum disorders and for the treatment of autism spectrum disorders to the extent that the diagnosis and treatment of autism spectrum disorders are not already covered by the policy of accident and health insurance or managed care plan.
(b) Coverage provided under this Section shall be subject to a maximum benefit of $36,000 per year, but shall not be subject to any limits on the number of visits to a service provider
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April 4, 2008
State Rep. Fred Crespo
Crespo Passes Legislation to Mandate Insurance Coverage for Eating Disorders
Local lawmaker takes on insurance industry to help victims of eating disorders access treatment
SPRINGFIELD – A measure sponsored by Rep. Fred Crespo (D-Hoffman Estates) to require coverage, under state-regulated health insurance plans, for people that suffer from eating disorders passed out of the Illinois House of Representatives on Wednesday.
“Eating disorders are one of the most dangerous mental illnesses that a person can suffer from,” Crespo said. “No one should have to question whether they can afford life-saving treatment because insurance companies refuse to recognize this affliction. I am committed to making Illinois a leader in providing coverage to people that suffer from this disease.”
According to the National Eating Disorders Association, eating disorders are serious health conditions that can be both physically and emotionally destructive. The most effective and long-lasting treatment for an eating disorder is some form of psychotherapy or counseling, coupled with careful attention to medical and nutritional needs. Many people with eating disorders respond to outpatient therapy, including individual, group, or family therapy and medical management by their primary care provider.
House Bill 1432 adds eating disorders to the list of serious mental illness currently referenced in the mental health parity provision of the Illinois Insurance Code, including anorexia nervosa and bulimia nervosa. Crespo’s bill requires state regulated insurance companies to provide the same coverage they would for other biologically related mental illnesses.
“In today’s society too often eating disorders are not recognized as a serious health threat that can affect individuals both emotionally and physically,” said Dr. Sheldon Miller, President-Elect of the Illinois Psychiatric Society. “After a year of working closely with Representative Crespo we have taken a giant step to providing assistance for people to get the medical help they need.”
This legislation has the support of organizations including the Illinois State Medical Society, Illinois Psychological Association, and the Illinois Psychiatric Society. House Bill 1432 now moves to the Senate for further consideration. For more information, please contact Crespo’s constituent service office at (630) 372-3340.
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ILLINOIS STATE LEGISLATURE
ICCAP addresses policy issues in collaboration with AACAP's Assistant Director for State Advocacy, Kevin Jones (kjones@aacap.org), and with the Illinois Psychiatric Society, district branch of the American Psychiatric Association.
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Find more on advocacy at: www.aacap.org/cs/members_only/using_the_media_to_support_state_advocacy_2008
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