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The Mental Health Equitable Treatment Act of
1999 (S.796)
Introduction
On May 18, 2000, the Senate Health, Education, Labor and Pensions
Committee held its first hearing on mental illness parity since
passage of the Mental Health Parity Act in 1996. The hearing focused
both on implementation of the 1996 law and efforts to expand the law
to full parity. Drawing most of the attention at the hearing was
Senator Domenici and Senator Wellstone’s bill to expand the MHPA to
full parity. This bill, the Mental Health Equitable Treatment Act
(S. 796), will finish the work that Congress began in 1996 – and
that 32 states have followed up on with their own parity laws. S.
796 would also provide to all insured Americans similar parity
coverage to that in the Federal Employees Health Benefit Plan
(FEHBP) – the program covering 9.5 million federal workers and their
families (including members of Congress). NAMI strongly supports S.
796 as a critical step forward in the process of ending health
insurance discrimination against people with severe mental illness.
The Mental Health Equitable Treatment Act – The Drive for Full
Parity
On April 14, 1999, Senators Domenici and Wellstone introduced S.
796. This legislation firmly states that severe mental illnesses are
biologically based illnesses of the brain and should be treated like
any other medical illness. The bill targets specific adult and
childhood mental illnesses and defines the term "severe
biologically-based mental illnesses" as illnesses determined by
medical science in conjunction with the Diagnostic and Statistical
Manual of Mental Disorders (DSM IV) to be severe and
biologically-based. As defined in S. 796, these disorders are:
schizophrenia, bipolar disorder (or manic depression), major
depression, obsessive compulsive disorder (OCD), panic disorder,
post-traumatic stress disorder (PTSD), autism, and other severe and
disabling mental disorders such as anorexia nervosa and attention
deficit/hyper activity disorder (ADHD).
S. 796 contains critically important expansions of the 1996
Mental Health Parity Act (its requirements were limited to equal
annual and lifetime dollar limits in health plans). By requiring
that all limitations on the coverage for "severe biologically-based
mental illnesses" be equal to those for medical and surgical
benefits, S. 796 will once and for all end discrimination. No longer
would insurance plans be able to impose arbitrary caps on inpatient
days and outpatient visits. No longer would health plans be able to
charge higher co-payment and deductible requirements that apply only
to treatment for mental illness.
S. 796 also lowers the current 50-employee small business
exemption to 25, thereby expanding parity coverage to an additional
15 million people. Finally, S. 796 proposes to remove the current
September 30, 2001 sunset provision and 1% cost exemption (the
provision in the MHPA that allows employers to exempt themselves if
they can demonstrate that costs rose more than 1% due to compliance)
in the 1996 Mental Health Parity Act.
Action Requested
All NAMI advocates are urged to contact their senators
immediately and urge them to cosponsor S. 796. All senators can be
reached by calling the Capitol switchboard at 202-224-3121 or by
going to the policy page on the NAMI web site at
www.nami.org/policy.htm and click on "Write to Congress."
Cosponsors of S. 796
Are your senators cosponsors of this important parity
legislation? If yes, please call and thank them for their support.
If either of your senators are not on this list, please call their
office and urge their support and co-sponsorship of S. 796. Please
do not accept a vague promise of support "when the bill comes to a
vote." The reality is that S. 796 needs additional cosponsors – with
appropriate bipartisan balance – in order to bring the Mental Health
Equitable Treatment Act of 2000 to vote before the full Senate.
To find out if your senators are co-sponsors of S.796, please
visit http://thomas.loc.gov/cgi-bin/bdquery/z?d106:SN0796:@@@P.
Text
of Legislation
The NAMI Family-to-Family
Education Program is a free 12-week course for family
caregivers of individuals with severe brain disorders (mental
illnesses). The course is taught by trained family members.
All instruction and course materials are free for class
participants. |
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