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-0060 

Comment on FR Doc # E9-9629 

Submitter Information 

Name: James Patrick Cooney, LCSW 

Address: 

2 Olmstead Place 

Norwalk, CT, 06855 

Email: JPC@Couplehelper.com 

Phone: 203-854-5749 

General Comment 

I am a clinical Social Worker who provides EEG biofeedback treatment to 

individuals with Attention Deficit Hyperactivity Disorder and Mood Disorders. 

EEG biofeedback is an empirically validated, and is widely recognized as an 

effective non medication 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 to the use of 

stimulant 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 denied by Georgia Medicaid, Aetna, United Behavioral 

Health, Blue Cross, Cigna, Amerigroup, Anthem Blue Cross and Blue Shield,and 

many other manged Behavioral Health plans. 

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 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 

PUBLIC SUBMISSION 

As of: May 22, 2009 

Received: May 22, 2009 

Status: Pending_Post 

Tracking No. 809abab7 

Comments Due: May 28, 2009

Submission Type: Web
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 

statue 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. This violates both the intent 

and letter of the parity statue and we hope that the regulations will clarify 

that this can't continue.