Docket: EBSA-2009-0010 

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

Equity Act of 2008 

Comment On: EBSA-2009-0010-0001 

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

Equity Act of 2008 

Document: EBSA-2009-0010-DRAFT-0234 

Comment on FR Doc # E9-9629 

Submitter Information 

Name: Cheryn Kathleen English 

Address: 

831 Windsor Way 

Santa Barbara, CA, 93105-2231 

Email: sbasgallery@yahoo.com 

Phone: 805-637-6802 

Organization: Graduate Student (Psychology, Ph.D) 

General Comment 

CMS-4140-NC 

Comments regarding Regulatory Guidance USCG-2007-27022 

page 19157, II B specific areas 1 and 4 

I am a graduate Psychology student, who is learning about EEG biofeedback 

treatment to individuals with Attention Deficit Hyperactivity Disorder and Mood 

Disorders. EEG biofeedback is an empirically validated and widely recognized, 

effective, non-addictive and non-invasive treatment for ADHD, as well as other 

conditions. 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.” 

PUBLIC SUBMISSION 

As of: May 28, 2009 

Received: May 28, 2009 

Status: DoNotPost 

Tracking No. 809bc267 

Comments Due: May 28, 2009

Submission Type: Web
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 EEG biofeedback. As such, they are using evidencebased 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. 

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

should require that employers and insurance 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 its managed care criteria and reviews for 

Mental Health and Substance Abuse 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. This violates both the intent and letter of the parity statute. This 

cannot continue. 

As stated above, I call for and request that the regulations be changed to require 

insurers and employers pay for the same range and scope of services for 

Behavioral Treatments, as they do for Med Surg benefits, especially non-addictive 

and non-invasive treatments such as EEG Biofeedback. I further call for and 

request that a plan cannot be more restrictive in its managed care criteria and 

reviews for Mental Health and Substance Abuse disorders and treatment, than it 

is for Med Surg treatments. 

Sincerely, 

Cheryn English