In 2008, President Bush signed the Mental Health Parity and Addiction Equity Act (MHPAEA) into law. The MHPAEA requires health insurers and group health plans to provide the same level of benefits for mental and/or substance use treatment as they do for medical/surgical care. The MHPAEA has since been expanded to ensure that qualified plans offered on the Health Insurance Marketplace cover many behavioral health treatments and services. Its goal is to eliminate restrictions on mental health and substance use coverage – like annual visit limits, higher copayments, separate deductibles, and rules on how care is managed (such as pre-authorizations, fail first policies, or medical necessity reviews).
A year and a half later, in March 2010, the Affordable Care Act (ACA) became law. In the years since full implementation of the ACA, the availability and scope of coverage for mental and substance use disorder treatments have been further enhanced through regulations. In December 2016, Congress built on this foundation through enactment of the 21st Century Cures Act, which directs more funding to treatment for mental and substance use disorders.
More recently, in 2022, Georgia took a significant step towards filling remaining gaps in coverage with the passage of the Georgia Mental Health Parity Act (HB1013), in which Mental Health America of Georgia played a significant role. The legislation builds on the MHPAEA and establishes additional state-level requirements and oversight intended to help ensure that insurers comply with parity protections.
