From: Nurosvcs@aol.com [mailto:Nurosvcs@aol.com] 

Sent: Thursday, May 28, 2009 6:36 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Wellstone-Domenici Parity Act of 2008

Dear legislators: 

I am a neuropsychologist who provides neurofeedback treatment to individuals with Attention Deficit 

Hyperactivity Disorder and Mood Disorders. Neurofeedback is an empirically validated and widely 

recognized effective non-medication treatment for ADHD, as well as other conditions. There are over 50 

studies evaluating the effectiveness of neurofeedback in the treatment of ADHD, substance use disorders 

and Autism. A recent review of this literature concluded "Neurofeedback meets the American Academy of 

Child and Adolescent Psychiatry criteria for Clinical Guidelines for treatment of ADHD." This means that 

neurofeedback meets the same criteria as medication for treating ADHD, of which 60% of prescriptions are 

in fact prescribed "off label," and that neurofeedback "should always be considered as an intervention for 

this disorder by the clinician." 

This service has been denied by Georgia Medicaid, Aetna, United Behavioral Health, Blue Cross, Cigna, 

and Amerigroup. 

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 neurofeedback. 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 neurofeedback. 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 

medical surgical benefits and that a plan cannot be more restrictive in their managed care criteria and 

reviews for mental health and substance abuse disorders when compared to medical surgery. Today plans 

are being more restrictive in how they review evidenced-based mental health and Substance Abuse 

Treatments when compared to medical surgical treatments. This violates both the intent and letter of the 

parity statute and we hope that the regulations will clarify that this can't continue. 

Thank you for your kind attention. 

Sincerely, 

J. Lawrence Thomas, PhD 

Neuropsychologist 

Faculty NYU Medical Center & Albert Einstein College of Medicine 

Past-President of Neuropsychology Division, NYSPA 

Author Do you have Attention Deficit Disorder? (Dell, 1996) 

19 W 34th Street, Penthouse 

New York, NY 10001 

212-268-8900 

nurosvcs@aol.com 

www.thebrainclinic.com 

************** 
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