Have you ever sought mental healthcare for your child? What about care for
a drug addiction? Have you made calls to multiple providers on your health
insurer’s “list” and had the door slammed repeatedly in your face? Or were you
fortunate enough to make a good connection and then unceremoniously have the
rug pulled out from under you, with your insurer denying continued care?
Welcome to the club.
If you have a child with a mental health or addiction problem, you know how
hard it is to make that first phone call. A parent with a child with cancer or
diabetes doesn’t hesitate to call for help. But when mental health is the
problem, it can take weeks, months or even years because of the crippling
effect of stigma. But what about the two situations I described above: You make
that call, but you are denied continued care, or you’re denied access to care
in the first place?
The federal parity law, formerly known as the Mental Health Parity and
Addiction Equity Act, is designed to prevent group health plans and health
insurance companies from imposing less favorable benefits than they do for
other medical conditions. The law is supposed to guarantee that people with
mental illnesses have the same access to treatment as patients with diseases
like cancer or diabetes, but some insurers have continued to limit treatment in
subtle ways.
According to a recent report by NPR, since 2010, the Department of Labor,
which is the main federal agency in charge of parity, has found 140 instances
in which a patient's parity rights were violated. Although all those issues
were resolved voluntarily, no insurer has been fined, and none of the results
are public.
Regarding gaining access to
care in the first place, network adequacy refers to a health plan's
ability to deliver the benefits promised by providing reasonable access to a
sufficient number of in-network primary care and specialty physicians, as
well as all healthcare services included under the terms of the contract. The
reality is that, because private insurers pay substandard rates as compared to
Medicaid, middle class families are finding it harder and harder to find
providers to help their children. They look at their insurer’s list of providers,
make phone calls, and are repeatedly told, I’m sorry, I don’t accept your
insurance. The lists are inadequate, outdated or just plain falsehoods.
On July 22, 2015, Assemblyman Todd Kaminsky authored a letter to the New
York State Department of Financial Services to express deep concern about the
lack of commercial insurance coverage for mental health services for middle class families on
Long Island. He requested that DFS launch an investigation to determine the
scope of this pressing problem.
Assemblyman Kaminsky said, “After hearing from numerous constituents and
closely studying this issue, it is clear that commercial insurance companies do not have adequate mental health
service networks for hard-working families. This lack of access to care
is alarming, and I hope DFS will immediately respond by commencing a thorough
study of this issue.”
While Medicaid covers comprehensive mental and behavioral health services,
commercial insurance frequently does not provide coverage, or if they do, the
rates are miniscule compared with the cost of treatment. The reality
today is that fewer community-based mental health clinics are accepting
privately insured clients who earn too much to qualify for Medicaid, which
leaves these families with nowhere to turn for affordable care. They have few
options to access care for their children, even those experiencing
life-threatening crisis situations.
“In this day and age, it is disgraceful that mental health treatment is
still not being taken seriously. Turning children and their families in
need away is simply unacceptable,” said Assemblyman Kaminsky.
I applaud Assemblyman Todd Kaminsky’s calling for a NYS Department of
Financial Services investigation of commercial insurance companies with respect
to network adequacy and substandard rates of reimbursement for behavioral
healthcare.
By ignoring the enforcement of the federal parity law, the majority of
representatives in government are turning their backs on the millions of
Americans who are in need of essential mental healthcare services. We cannot
trust insurance companies, whose eye is on their bottom lines, to do the right
thing. It’s no exaggeration to say that lives have been and will continue to be
lost unless we pressure our politicians to make this a top priority.
Andrew Malekoff is
executive director of North Shore Child & Family Guidance Center, a
nonprofit children’s mental health center in Roslyn Heights, NY.
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