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-0215 

Comment on FR Doc # E9-9629 

Submitter Information 

Name: William R. Warley, PhD 

Address: 

Harbin Clinic - Behavioral Sciences 

1 east 5th Ave 

Rome, GA, 30161 

Email: wwarley@harbiniclinic.com 

Phone: 706-295-2028 

General Comment 

CMS-4140-NC 

I am clinical psychologist in Rome Georgia who provides EEG biofeedback 

(nuerofeedback) treatment to individuals with Attention Deficit Hyperactivity 

Disorder and Mood Disorders. Georgia Medicaid, Aetna, United Behavioral Health, 

Blue Cross, Cigna, and Amerigroup refuse to cover this procedure. One reason 

the insurance companies give for not covering EEG biofeedback is that there is 

not enough evidence to demonstrate the efficacy for the procedure. However, in a 

recent review of the literature on the effectiveness of EEG biofeedback for ADHD, 

substance abuse disorders, and autism, meets the criteria of the American 

Academy of Child and Adolescent Psychiatry stating that EEG 

biofeedback “should always be considered as an intervention for this disorder 

[ADHD] by the clinician” (see Hirshberg et. al. - see below)). This means that 

EEG biofeedback meets the same criteria as to medication for treating ADHD. 

Over 50 studies researching the efficacy of EEG biofeedback for the treatment of 

PUBLIC SUBMISSION 

As of: May 28, 2009 

Received: May 28, 2009 

Status: Pending_Post 

Tracking No. 809ba971 

Comments Due: May 28, 2009

Submission Type: Web
ADHD and other disorders are completed. This is more controlled studies for a 

procedure than is required for many medical and surgical procedures. A recent 

article in the Journal of the American Medical Association (JAMA. 2009; 301 

(8):831-841 (doi:10.1001/jama.2009.205)) documented that fewer than 20% of 

recommended cardiac procedures were based on controlled studies. Insurance 

companies do not exclude from coverage the medical and surgical procedures 

because of a supposed lack of evidence. Insurance companies are requiring a 

much more stringent standard for mental health coverage than they do for medical 

and surgical coverage. The more stringent standard for mental health is clearly a 

violation of the intent of the parity statute. 

Currently, insurance plans are clearly more restrictive by how they review evidencebased mental health and substance abuse treatments when compared to medical 

surgical treatments. This violates the intent and letter of the mental health parity 

statute. Such discrimination against mental health coverage must not continue. 

Managed care must not limit mental health treatment and coverage care when 

research clearly demonstrates the efficacy of a procedure such as EEG 

biofeedback. 

Sincerely, 

William R. Warley, Ph.D. 

Clinical Psychologist 

Harbin Clinic | Behavioral Sciences 

1 East Fifth Avenue, Rome, GA 30161 

Phone 706.233.6304 Fax 706.295.2062 

wwarley@harbinclinic.com 

Hirshberg, L., Chiu, S. and Frazier, J. Emerging brain-based interventions for 

children and adolescents: overview and clinical practice. Child and Adolescent 

Psychiatric Clinics of North America. 2005; 14; pg 1-19.