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Congress, Bush Approve Addiction and Mental Health Parity Legislation
October 3, 2008

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News Feature
By Bob Curley

The long-held dream of parity in behavioral healthcare is now a reality: The U.S. House of Representatives voted 263-171 to approve the Wall Street bailout bill, which includes a provision that mandates parity coverage for addiction and mental-health care, and President George Bush swiftly signed the measure into law.

The House vote came just days after the Senate passed an identical bill on a 74-25 vote. Earlier, the House had rejected a bill that called for a $700-billion bailout of the financial system but did not include the parity provision.

"This legislation is one more step in the long civil-rights struggle to ensure that all Americans have the opportunity to reach their potential," said Rep. Patrick Kennedy (D-R.I.), who cosponsored the House bill with Rep. Jim Ramstad (R-Minn.). "For far too long, health insurance companies have used the stigma of mental illness and substance abuse as an excuse to deny coverage for those biological disorders. That ends today when this critical legislation outlaws the discrimination that is embedded in our laws and our policies."

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The parity bill does not require health-insurance plans to cover addiction or mental health, but insurers will now be barred from imposing any caps or limits on behavioral healthcare service that are not applied to other health conditions. Most insurance plans do include behavioral-healthcare coverage, and advocates say that past experience shows that passage of state-level parity laws has not led to insurers dropping such coverage.

Kennedy praised addiction and mental-health advocacy groups "and the individuals who wrote letters and made calls, for their unyielding support and grassroots efforts to build support [for the parity bill] among their individual House and Senate members."

"This was a team effort which worked to build support for mental-health parity legislation over the long haul, and all the hard work paid off today," he said.

The Senate parity bill was sponsored by Sens. Edward Kennedy (D-Mass.), Chris Dodd (D-Conn.), and Pete Domenici (R-N.M.). "No longer will we allow mental health to be treated as a stepchild in the healthcare system," said Domenici.

Now known as the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, the legislation that passed both houses of Congress this week is the historic culmination of a battle for equal coverage of addiction and mental illness that stretches back more than a decade, and helped to spark the growth of the recovery-advocacy movement.

Wellstone's son, David, called the bill "a major achievement, one I know my dad would be proud of." Paul Wellstone, an early supporter of parity, died in a 2002 plane crash along with his wife, Sheila, and daughter, Marcia, while campaigning for reelection.

"This bill will go a long way to ease the pain and suffering of those with mental illness and addiction, and I am proud to have been part of this effort. It's a great day," said David Wellstone, cofounder with his brother, Mark, of Wellstone Action, which has advocated on behalf of the parity bill.

"[The] vote today ensures that people, and their families, who face mental health and addiction diseases can be afforded the opportunity to get well and live a life of recovery," added Missy Orlando, executive vice president of corporate planning and communications for Caron Treatment Centers of Wernersville, Pa.

Pat Taylor, executive director of the advocacy group Faces and Voices of Recovery, said that a series of public hearings sponsored by Kennedy and Ramstad helped shed light on the problem of insurance discrimination against people in recovery and build support for parity legislation. "This victory turns the page in how our nation responds to our leading health problem -- addiction to alcohol and other drugs," said Taylor. "While nearly half of Americans know someone who is in recovery alcohol or drug problems, over 22 million Americans still struggle and have yet to find new lives in recovery; the Wellstone-Domenici bill will help pave their ways."

"I am glad to have lived to see the day that alcohol and drug addiction treatment will be provided like that of any other chronic illness," said John Hulick, director of public affairs and policy for NCADD New Jersey. "We look forward to redoubling our efforts in New Jersey to build on the new floor for addiction treatment established by today's passage of the federal parity legislation."

The road to passage of the parity bill in the current Congress included the House and Senate passing divergent versions of the measure this spring, followed by sponsors and Congressional leaders coming together over the summer to craft a consensus version of the legislation. In late September, the House of Representatives passed a standalone version of the bill, while the Senate attached the measure to a bill intended to extend tax breaks for alternative-energy projects.

Ultimately, advocates in both houses of Congress decided that the best way to get the legislation passed was to attach it to the bailout bill, the single most critical measure under consideration before Congress goes into recess ahead of the November elections.

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COMMENTS ON THIS ARTICLE:
(Comments now appear first to last)

Posted by Bert Massiah on 03 Oct 08 04:26 PM EDT
Congratulations to the American Legislature. I have worked in these joint fields for many years and this is such a wonderful step forward and will ease the suffering of many individuals and their families.

Posted by starlight11 on 03 Oct 08 04:47 PM EDT
Wow! If you think your health insurance premiums are high now, just wait till this "benefit" is added to your premium. This is nothing more than an open ended invitation for ENDLESS treatment that most often never results in a cure. Too bad congress didn't think about ways to help STOP addiction in the first place; for example: a total ban on ephredramine which would shut down METH houses. How about a reversal on the FDA approval of OXYCONTIN, the synthetic form of heroin that doctors are prescribing right and left.......and receivers of the prescription are often selling for high profit on the streets. These two substances alone have wreaked havoc on American families leaving them to deal with the consequences of ruined lives and financial crisis. But alas, who could expect common sense from that bunch in Washington. Thanks Congress for making a bad problem worse!

Posted by Gayle on 03 Oct 08 04:49 PM EDT
I am elated to hear this news! It is about time that people in recovery are not treated like second class citizens. We have been waiting a long time for this. It is also shameful how people with mental illness are treated! It is worse than a second class citizen. Nobody asks for these illnesses any more than someone would ask for cancer. Hurray for the legislature - expecially those who sponsored the bill. From the bottom of my heart, I thank you.

Posted by Dale on 03 Oct 08 05:01 PM EDT
Starlight11, experience with several parity bills at the state level shows that the average increase to health insurance premiums is only 0.4%. Furthermore, the success rate for treatment is just as good as for any other major chronic, relapsing disease such as diabetes. Is it simply inaccurate to claim that the parity legislation is an expensive boondoggle that won't do any good.

Posted by Denise Lang on 03 Oct 08 05:03 PM EDT
Congrats to Congress. Justice, finally, for addicts.

Posted by starlight11 on 03 Oct 08 06:32 PM EDT
Dale, don't know where you are getting your numbers, but I can only guess you are in the treatment business and stand to gain substantially from this legislation. I'm in the health insurance business. In my state group health insurance rates increase 12% to 50% every year. Business owners are struggling to keep up with increases. This bill will add to costs as insurance companies are funding the medical industry. Don't see any indication that doctors will be waiving charges. Also worked 23 years, a hospital practitioner including psychiatric therapy. Repeat admissions are the norm. Insurance paid maximum of $6000 per year for chemical dependency. Lifetime max = $12,000. After lifetime max is met, $2000 per year is paid for treatment. For mental illness, 21 days is paid by insurance, processed under regular benefits. Nothing is ever cheap in the medical industry and I guarantee insurance rates will reflect the increase in usage. Expanding insurance is a poor way to try and solve chemical addiction problems of our society; take the FDA approved culprits off the market and stop enriching the pharmaceutical companies who profit from this mess.

Posted by Jeff on 03 Oct 08 08:05 PM EDT
I am a utilization review clinician and before we hoop and holler ,let me tell you, there are still many insurance carriers that still only pay for 7-10 days of php level care, I am looking for another position that deals with IOP sine it would break my heart to receive these denials form clients who obviously needed PHP but could only get IOP. They still have there own guidelines that are not covered by the state laws.

Posted by Michael Chenkin on 03 Oct 08 08:48 PM EDT
I wonder if Starlight takes into consideration that if you don't reduce substance abuse of insureds, the insurance companies will wind up paying for the medical costs that those persons will incur as a result of substance abuse. Further, I see no real move on the part of insurers to encourage or offer incentives for the use of evidence-based practices. During my near 23 years of experience in behavioral health, I've seen substantial resistance from insurers to support anything other than "treatment as usual", "1 size fits all" models. Insurers should take an active role in the SOLUTION.

Posted by Alice Silverman on 03 Oct 08 11:20 PM EDT
For some of you, I don't suppose you have buried your own teenage child from a drug overdose. If you lost a child to addiction you might be singing a different tune. Some of you do have good points, like a reversal of the FDA approved Oxycontin and getting rid of ephredramine. However, this is not a one solution answer but it is a step in the right direction, even if it just helps take the stigma away from addiction. Yes the recovery rate is very low but why should an addict be turned away for habitual treatment. Then we should turn away chemo patients and diabetics, etc. Addiction is a brain disease. At first it is a dumb choice, usually by a kid (and no it does not discriminate it is an equal opportunity killer). No kid ever said when I grow up I want to be a drug addict. I am in the health insurance business. I've heard comments like "mental illness is treated differently because it is harder to prove, it's not like a broken leg and get an X-Ray". Well I have a death certificate,isn't that proof enough that I needed grief counseling? My counseling was treated totally different than a family doc visit for a cold.

Posted by Brian Sanders on 04 Oct 08 12:25 AM EDT
For many with mental illness, a very small (monetary) amount of treatment is enough to light the spark we need to realize we are not alone in our journey, that we don't have to live with shame, that we may have hope for happy lives after all, and that we, together, can help others suffering from illnesses like our own. Anything less than the parity legislation, to me, seems inhumane. Starlight, perhaps you might consider stopping in on a 12-Step meeting where someone is telling their personal story of experience, strength and hope, and you may see the personal tragedies, the horror, AND the hope for happier lives, as more important than the numbers. Mental illness and addiction have taken many of us to dark, dark places in our souls that we wouldn't want anyone else to have to experience. My gratitude for having someone reach out to me that one particular day is more important to me than any other event in my entire 50 years of life. My God is good.

Posted by Southern Lady on 04 Oct 08 04:40 PM EDT
Starlight, How can you be so dense? Do you honestly believe taking the drugs off the market would stop the people from using? No! We have already tried Prohibition with Alcohol and it didn't work. It would just go underground and the people would use illicit drugs,taking them off the market is no deterrent to substance abuse, as prison as shown not to be. It is such a flimsy solution to the problem at hand. It is people like you with your way of thinking that has caused almost all of our rights to be taken away. No government should have as much power over people's lives as this one has been given. Your solution has already been tried and failed miserably. Get it right, please? These two substances have done nothing to American families; it was people who did it and it has to stop with people, not with taking everything off the market people have an addiction to.

Posted by Stephanie R on 05 Oct 08 10:27 AM EDT
Right on! I can't wait to see how this plays out. Thank you to the people that worked so hard to get this legislation passed. I am grateful for the treatment I got; the county paid for it when they surmised I was an unfit parent. (I was at the time) Otherwise, I don't know how I would have gotten into treatment. I wasn't doing so well getting into it on my own. Thank you again, and God Bless!!!

Posted by Carl K. on 05 Oct 08 12:08 PM EDT
As one clean for 12 yrs. I'm grateful that my insurance covered my treatment. I know that many need it, but there needs to be some safeguard put in place for those who abuse the system, stopping those who really need help from getting it. I know people that have gone in 2-4 times in a year, usually to avoid jail or being fired. I wonder how the medical profession is going to react once the goverment sets limits on pay after their health care plan is put in place - that's next!

Posted by Ace on 06 Oct 08 10:02 AM EDT
Southern Lady, actually you are not completely correct about prohibition. And no I do not suggest a return to prohibition on alcohol but the facts are that rates of alcohol related disease such as cirrhosis did decline during prohibition. And while prohibition does not work for the entire population it does work for a portion of the population. There is no one "silver bullet" to this issue. It takes a comprehensive approach prevention, education, recovery, treatment, enforcement, laws, policies, parents, communities all play a part in helping relieve the suffering and difficulties caused by substance abuse. Thank you to the U.S. Congress for passing ta significant piece of legislation that provides another tool to help some of those who suffer from addiction.

Posted by Circus on 06 Oct 08 01:49 PM EDT
When a relative became addicted to crack and we had to deal with the criminal justice system and the lack of affordable rehab programs, I read extensively about addiction. Those who worry about increased health insurance premiums are not considering the current total cost of health care related to addicts and their families. Studies show these FAMILIES use more than twice the healthcare services of those who are not affected by addiction (much of that due to stress-related illnesses) -- so multiply that increased cost by 28 or so million addicts and you begin to see the REAL cost of addiction. Or you can look at another area, our prison system, where we provide health care for millions of addicted prisoners, over and over again, because they do not receive EFFECTIVE rehabilitation treatment, in or out of prison. Most studies show high failure rates in 30-day programs because they are not long enough to provide effective behavior modification. Most practitioners say that the first 7 to 10 days in treatment are wasted on paperwork and trying to get a handle on the person's issues. Wake up -- this is a serious, expensive problem that isn't going to go away on it's own!

Posted by rehab COO on 06 Oct 08 02:50 PM EDT
Finally, people suffering from this disease will be able to get the help they need. And yes, sometimes the twelfth time is a charm!

Posted by Jennifer on 06 Oct 08 08:35 PM EDT
It's not just about addiction. There are many people with mental illness who need treatment rather than incarceration who are not addicted to any substance.

Posted by Fred Sandoval, MPA on 07 Oct 08 12:33 AM EDT
A major victory for Americans and their families who for too long have struggled with mental illness and addictions. Finally there is parity between mental health conditions and physical health conditions. Senator Pete Domenici from New Mexico has championed this cause for families and consumers for more than two decades and congratulations to him for demonstrating the leadership and perseverance to make this dream a reality. To the Domenici family who has been there every step of the way, we honor your convictions to right a wrong and for standing up for what is right.

Posted by Robert J Lindsey on 09 Oct 08 11:17 AM EDT
As President/CEO of the National Council on Alcoholism and Drug Dependence, Inc. (NCADD) I am sorry I wasn't available to add a quote to this article when asked on Friday. My step-mom was in hospice and passed away late that night. My message: "Thank you to everyone who worked so hard, for so long, to pass this bill, including the NCADD National Network of Affiliates. Plain and simple, citizen and professional advocacy for the rights of those who suffer from alcoholism, addiction and mental health won the day! More importantly, people and their families who need help won! Parity represents one of the most important pieces of federal legislation in decades. But, don't assume that our work is done....we must monitor the implementation and many other issues. Keep up the great work, educate our policymakers, make noise and hold our elected officials accountable! Millions of individuals and families affected by alcoholism and addiction are counting on us to make sure that the help they need and deserve is available to them....we can't let them down!

Posted by Lynn M Tynan - Nevada "Recovery Rally" delegate in NYC on 16 Oct 08 08:59 AM EDT
Being involved in the "Treatment" of alcoholism and drug-addiction, I see on a daily basis the devastation, pain and deaths the disease of "addiction" creates in families. It is heartbreaking. Thank heaven for this legislation. It is a good start on the "War" vs. substance abuse and human rights for "recovering" citizens. Sober for 24 years, I and many of my recopvering friends have experienced discrimination in the medical, housing, workplace, media, political arena. We are definately in a crisis situation with addiction resulting in higher crime, domestic violence, child abuse, homelessness, mental illness, deaths and the much more. I do feel that "RECOVERY" is alive and thriving all over the world with millions of changed lives and happy children so it is time for our nation to step "up to the plate" and do something.

Posted by Walter on 17 Oct 08 04:46 PM EDT
Starlight11 - There is a reason why the walls on Wall Street have started to buckle under the weight of our own greed. The system is faulty. The premise is crooked. It cannot regulate (i.e. sustain) itself. It is a non-thinking beast that rewards vice. As with the health insurance industry that views health not as a state of being but as a commodity to be traded at the expense of everyone's true state of being, we are left with a sick populace: those who have the money are invariably healthier and live longer than those without. The system is sick. This parity bill is a huge step in the right direction. I suggest you think of it as dose of medicine for the insurance companies.

Posted by vikgarden on 30 Dec 08 08:47 AM EST
I am very happy about this. I have endured a lot in my life and have been very depressed lately. I am on antidepressants, but I also need therapy. My insurance company says I can only have so many sessions per year, and so many for a lifetime. Well, I stopped going to therapy because I was afraid I would use up all my sessions. Now I can continue my therapy. They still only pay 50% for Mental Health and 90% for Physical, but, at least the cap is gone.

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