Phia Group Russo & Minchoff

State Parity Law Trumps ERISA Plan’s Exclusion, So Case Against Plan Advances

cmonfils | January 18, 2012

Employer’s Guide to Self-Insuring Health Benefits      January 2012 | Vol. 19, No. 4 

As illustrated here, ERISA did not preempt the Washington Mental Health Parity Act. 

Even though it correctly applied an insured ERISA plan’s coverage restrictions on neurodevelopmental therapy for children over six years old, the administrator’s refusal to pay a 10-year-old dependent’s mental health treatment violated a state law that bound insurers and HMOs. (more…)

DOL Clarifies MHPAEA’s Effect on Pre-Authorization

cmonfils | January 18, 2012

Employer’s Guide to Self-Insuring Health Benefits       January 2012 | Vol. 19, No. 4

The effect of the Mental Health Parity and Addiction Equity Act (MHPAEA) on prior authorization practices and other “nonquantitative treatment limitations” was clarified Nov. 17 in guidance from the U.S. Department of Labor (DOL).  (more…)

FAQs Clarify Parity Requirements for Mental Health and Substance Use Disorder Benefits

cmonfils | December 22, 2011

The Department of Labor released a set of Frequently Asked Questions (FAQs) responding to questions raised regarding how the new parity requirements apply to nonquantitative treatment limitations, such as medical management standards, formulary designs, standards for provider admission to the network, and methods to determine reasonable and customary fees. 

Agencies extend benefits summary deadline & provide guidance on mental health coverage

cmonfils | December 2, 2011

The trio of federal agencies charged with interpreting and enforcing the Affordable Care Act and the Mental Health Parity and Addiction Equity Act have addressed some of the most significant questions arising from these laws.

In a set of Answers to Frequently Asked Questions, the U.S. Departments of Treasury, Labor, and Health and Human Services have intimated that the looming ACA deadline for the production and distribution of summaries of benefits and coverage will be extended. The FAQs also provide guidance on the qualitative requirements under MHPAEA.

http://ebn.benefitnews.com/eletter/profile/14/2650.html

DOL Clarifies Mental Health Parity’s Effect on Pre-Authorization

cmonfils | December 2, 2011

The effect of the Mental Health Parity and Addiction Equity Act (MHPAEA) on prior authorization practices and other “nonquantitative treatment limitations” was clarified Nov. 17 in guidance from the U.S. Department of Labor (DOL).

DOL Issues FAQs on Health Care Reform and the Mental Health Parity Requirements

cmonfils | November 30, 2011

On November 17, 2011, the Department of Labor (DOL) issued responses to frequently asked questions (FAQs) on health care reform and the Mental Health Parity and Addiction Equity Act of 2008. The FAQs provide guidance on the health plan benefits summary requirement under health care reform, and they also clarify the permissible nonquantitative limitations that health plans may apply to mental health and substance abuse benefits.   

FAQs About Affordable Care Act Implementation Part VII and Mental Health Parity Implementation

cmonfils | November 30, 2011

Set out below are additional Frequently Asked Questions (FAQs) regarding implementation of the market reform provisions of the Affordable Care Act, as well as FAQs regarding implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). These FAQs have been prepared jointly by the Departments of Health and Human Services (HHS), Labor and the Treasury (the Departments). Like previously issued FAQs (available at www.dol.gov/ebsa/healthreform/), these FAQs answer questions from stakeholders to help people understand the new law and benefit from it, as intended.

The Departments anticipate issuing further responses to questions and issuing other guidance in the future. We hope these publications will provide additional clarity and assistance.

State’s Health Parity Act Overrides ERISA Plan’s Residential Exclusion

cmonfils | November 20, 2011

Employer’s Guide to Self-Insuring Health Benefits

Thompson Publishing                  November 2011      Vol. 19, No. 2

The 9th U.S. Circuit Court of Appeals ordered Blue Shield of California, the plan administrator of an insured ERISA plan, to cover a residential stay for psychological treatment despite plan terms excluding residential stays of any kind. The court even found that Blue Shield gave its plan document a sound reading. California’s Mental Health Parity Act provides coverage for “medically necessary” diagnosis and treatment of “severe mental illnesses,” whether or not it involves a residential stay. The court rejected Blue Shield’s attempt to circumscribe the Parity Act to services listed in that Act and matching the Knox-Keene Act. Then the court held Blue Shield forfeited its right to argue against medical necessity in court because it had not done so in the administrative stage.  (more…)

Insurers Must Cover Mental Illness On Par With Physical, Court Rules

cmonfils | August 30, 2011

August 26, 2011 |  4:39 pm

A case to watch as residential treatment was excluded.  Obviously, this is applying state parity on top of federal parity (as there are not 9 conditions mandated for coverage under federal parity).  Just another reason to be self-funded!

From the LA Times… (more…)

Plan Language Not A Model Of Clarity, Despite Coverage Denial Being Upheld

cmonfils | April 1, 2011

www.hr.cch.com

3/28/11

from Spencer’s Benefits Reports: A two-month stay at a residential treatment facility for cocaine addition did not qualify for plan coverage because an acute level of care was not needed after two days, the Sixth Circuit Court of Appeals ruled in upholding the plan’s denial of benefits (Meredith Solomon v. Medical Mutual of Ohio, No. 09-4152). (more…)

Eighth Circuit Holds Mental Health Treatment Limitation Inapplicable

cmonfils | March 10, 2011

www.healthplanlaw.com       March 4, 2011 •

“ . . . [I]n order for Principal to reasonably deny S.W.’s hospital charges, substantial evidence had to support its determination that the primary focus of her hospitalization was mental health treatment, i.e., treatment designed to alter her behavior. While there is certainly evidence that mental health treatment was one focus of S.W.’s hospitalization, we conclude there is insufficient evidence to support the determination that S.W.’s mental health was the primary focus of the hospitalization.“ (more…)

The Screen Actors Guild Abandons Mental-Health Benefits

cmonfils | February 2, 2011

www.hreonline.com  By Carol Harnett

With their actuaries projecting a significant increase in healthcare costs to offer mental-health and substance-abuse coverage, the Screen Actors Guild dropped mental-health coverage for its members. Is that a harbinger of things to come?

I began a self-imposed holiday break on Dec. 23, 2010. I committed to family and friends that — for one week — I would stop working. No voicemail, no e-mail, no Twitter and no business-related reading. (more…)

Employers Adjusting to Mental-Health Parity Act

cmonfils | February 2, 2011

www.hreonline.com    By Kristen B. Frasch

New regulations that prohibit large health plans from setting higher co-payments or limiting doctor visits for mental-health care are leading some organizations to drop mental-health benefits altogether. That’s a “very, very” bad idea, experts say.

With the new requirements of the Mental Health Parity and Addiction Equity Act going into effect at the start of 2011, many organizations are now making adjustments to comply and to avoid prohibitive cost increases. (more…)

Employers Adjusting to Mental-Health Parity Act

cmonfils | January 17, 2011

www.hreonline.com

By Kristen B. Frasch

New regulations that prohibit large health plans from setting higher co-payments or limiting doctor visits for mental-health care are leading some organizations to drop mental-health benefits altogether. That’s a “very, very” bad idea, experts say.

With the new requirements of the Mental Health Parity and Addiction Equity Act going into effect at the start of 2011, many organizations are now making adjustments to comply and to avoid prohibitive cost increases. (more…)

Exclusion Of A Residential Treatment Program Permitted As Long As State Mental Health Parity Rules Are Followed

cmonfils | January 12, 2011

www.hr.cch.com

CCH® BENEFITS — 01/06/11

from Spencer’s Benefits Reports: A health care plan that specifically excludes coverage in residential treatment programs is not compelled to provide such coverage when a state law does not include it in the list of limits establishing parity among mental health conditions and physical health conditions. In Douglas S., Ann C.S. and Laura S. v. Altius Health Plans (No. 09-4130, Nov. 5, 2010), the Tenth Circuit Court of Appeals applied Utah Law Sec. 31A-22-625 to the case because “Sec. 625 meets the two-pronged test of Kentucky Association of Health Plans, Inc. v. Miller, 538 U.S. 329 (2003), and is thus saved from ERISA preemption.” (more…)