Page I of 2 

PUBLIC SUBMISSION 

As of; May 28,2009 

Tracking Na 809afUdd 

Conlrnents Due: May 28.2009 I 

Docket: IRS,2009-?00X 

Kcquest for Inforrnatiun for Paul Wellstone and P~te Domcnici Mental Health Parity and 

Addiction Equity Act of 2008 

Comrnen t On: TRS,2009-~_i)08-0!]~)1 

Request f'ur Information Regarding the Paul Wellstone and Pete Domenici Mental Health Parity 

and Addiction Equity Act of 2008 

nacument: ~RS-2~)O~~-Oi)08-0045 

Cotntnent on FR Doc # E9-09639 

Submitter Information 

Name: Steve Armenta Johnson, MS, L.M FT #39005 

Address: 

Redlands, C'A, 

Organization: Behavioral Health Dy nalnics 

Government Agency Type: Federal 

General Comment 

Cornrncnts regarding Regulatory Guidance CISCG-2007-27022 

page 191 57, I1 B specific areas 1 and 4 

1 am a California Stale Liccnsed Marriage and Family Therapist who provides 

EEG biofeedback treatment to individuals with Anxiety, Au tisim, Attention Deficit 

Hyperactivity Disorder and hfuud Disorders. EEG biofeedba~k js an crrlpirically 

validated and widely recognized ef'wlivc non-medication treatment for ADHLI, as 

well as other wnditions. 'l'liere are over 50 studies evaluating the effectiveness of 

EEG biofeedback in thc trcntrner~t of ADHD, Substance Use disorders and 

Autism. A recent review of this literature concluded "EEG biofeedhac k ineets the 

American Acadern y nf Child and Adulcsce~~t Psychiatry criteria fur" Ciirlictll 

Gujcl~lines "for treatn~ent of ADHD." This meals that EEG biofwdback mccts the 

same criteria as medicat ion fo t- treating ADHD, and that EEG biofeedback "should 

always be consider& as an intervention for this disorrlcr hy the clinician". 

This service has bccn denied by Georgia Medicad, Aetna, United Behaviural 

Health, Blue Cross, C.'igna, and Amerigmup. 

This is limitation of an effective and validated trentment for a mental health 

problem. Thc reasons given by the insurance co~npanies for this denial fcll irlw two 

categories: 1 ) our company does not covtr biofeedback for Mental Health 
Page 2 of 2 

problcrns or 2) there is not yet sul'licimt cvlcle~~ce for the efficacy of' EEG 

biofeedba~k. As such, they are using eviden~e-bas4 criteria that are far more 

rcstrictive for mental health serviccs than the criteria which are used for 

mdicallsurgical services. There are many ruutinc medical and surgical 

proceduws which have far fewer controlIed studies ahut their efficacy than does 

EEG bio t'edba~k. Thesc nlcdical and surgical procedures arc gclierall y not 

limited because of concerns about how many controlled studies have been 

performed ahout than. 

We believe thal thc parity regulations, based on legal rcviews of the parity statute 

should require that etnploym and plans pay for the same rangc and scope of 

services for Behavioral Treatr~icrlts as they do for MedicallSurgical benefits and 

&at a plan cannot he more restricqive in thcir ~na~~aged care criteria and rcvicws for 

Mental Health djsorders when compared to Mcdical/Surgical. Today plans arc 

being more reslnctivc in how they review evidenced-based Mental Health and 

Substa~ce Abuse Treatments whcn cornpard to Medical/Surgi~l treattnents. 

This violates both the intent and letter of the parity statute and we hopc that the 

regulatiuns will clarify that this must not wntinuc. 

Steve Johnson, MS. LMFT, kt39005 

Steve Johnson, MS, LMFT 

Behavioral Health Dynalni csllnland Neurofkedback 

550 Orange Street! S~uitc D Kedla~lds. CA 92374 

909-335-8457 

www. inlandncurofeedhack.com