Docket: IRS-2009-0008 

Request for Information for Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 

2008 

Comment On: IRS-2009-0008-0001 

Request for Information Regarding the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction 

Equity Act of 2008 

Document: IRS-2009-0008-0115 

Comment on FR Doc # E9-09629 

Submitter Information 

Name: Kris Alan Sharp 

Address: 

Redlands, CA, 

Submitter's Representative: AAPB 

Organization: Bickford, Covington and Associates 

Government Agency Type: Federal 

Government Agency: HHS 

General Comment 

I am a board certified profider of EEG biofeedback treatment to individuals with 

Attention Deficit Hyperactivity Disorder. EEG biofeedback is an empirically 

validated and widely recognized effective non-medication treatment for ADHD, as 

well as other conditions such as Anxiety and Traumatic Brain Injury. There are 

over 50 studies evaluating the effectiveness of EEG biofeedback in the treatment of 

ADHD, Substance Use disorders and Autism. A recent review of this literature 

concluded “EEG biofeedback meets the American Academy of Child and 

Adolescent Psychiatry criteria for” Clinical Guidelines “for treatment of ADHD.” 

This means that EEG biofeedback meets the same criteria as medication for 

treating ADHD, and that EEG biofeedback “should always be considered as an 

intervention for this disorder by the clinician”. 

This service has been routinely denied by Aetna, United Behavioral Health, Blue 

Cross and Cigna. 

This is limitation of an effective and validated treatment for a mental health 

problem. The reasons given by the insurance companies for this denial fell into two 

categories: 1) our company does not cover biofeedback for Mental Health 

problems or 2) there is not yet sufficient evidence for the efficacy of EEG 

PUBLIC SUBMISSION 

As of: May 29, 2009 

Tracking No. 809bcf6b 

Comments Due: May 28, 2009
biofeedback. As such, they are using evidence-based criteria that are far more 

restrictive for mental health services than the criteria which are used for 

medical/surgical services. There are many routine medical and surgical 

procedures which have far fewer controlled studies about their efficacy than does 

EEG biofeedback. These medical and surgical procedures are generally not 

limited because of concerns about how many controlled studies have been 

performed about them. 

We believe that the parity regulations, based on legal reviews of the parity statute 

should require that employers and plans pay for the same range and scope of 

services for Behavioral Treatments as they do for Med Surg benefits and that a 

plan cannot be more restrictive in their managed care criteria and reviews for MH 

and SA disorders when compared to Med Surg. Today plans are being more 

restrictive in how they review evidenced-based Mental Health and Substance 

Abuse Treatments when compared to Med Surg treatments. It is somewhat ironic 

if not counterintuitive that behaviorally-based treatments are noninvasive, 

expediant, as well as cost effective. This violates both the intent and letter of the 

parity statute and we hope that review of the regulations will rectify and bring 

clarity to this situation.