From: Jaclyn Gisburne [mailto:jaclyn@svquietly.com] 

Sent: Thursday, May 28, 2009 6:08 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: USCG-2007-27022

I have attached my position on Paul Wellstone and Pete Domenici Mental Health Parity and 

Addiction Equity Act of 2008 . It is my position that interventions and research that have 

shown positive outcomes on the scale that has been documented over the past twenty years as 

is the case with EEG biofeedback, should be compensated equally as those that have only show 

marginal long-term positive outcomes. Please see the attached letter for my full position. 

I appreciate your full consideration for the health and well-being of those seeking treatment 

outside of the pharmacological paradigm on lobbying stranglehold on this matter. 

Thank you for your consideration 

Jaclyn M. Gisburne, Ph.D.
Comments regarding Regulatory Guidance USCG-2007-27022 

page 19157, II B specific areas 1 and 4

I am a psychotherapist in Colorado who provides EEG biofeedback treatment to 

individuals with Attention Deficit Hyperactivity Disorder and Mood Disorders. EEG 

biofeedback 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 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 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, 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 

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 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. 

Sincerely, 

Jaclyn M. Gisburne, Ph.D. 

Rocky Mtn. NeuroAdvantage 

214 8th St. #307 

Glenwood Springs, CO 81601