Date: 2008-10-03
Speaker: GEORGE MILLER (democrat)
Chamber: H
State: California

Madam Speaker. I rise in strong support of the mental health parity provisions contained in H.R. 1424. the Emergency Economic Stabilization Act of 2008. These important provisions of the bipartisan legislation would not have been possible without the vigorous advocacy of the late Senator Paul Wellstone and the continued dedication and commitment of Senator Wellstones family. In addition. I want to thank Congressmen KENNEDY and RAMSTAD as well as Senators KENNEDY and DOMENICI. Without their tireless efforts. these provisions would not be before us today. Mental illness and substance abuse affect millions of families across this country. Without - treatment. those suffering from mental illness and substance abuse often struggle to hold a job or make ends meet. Today. approximately 44 million Americans suffer from mental illness. but only onethird receive treatment. A key component of this problem is that private health insurers generally provide less coverage for mental illnesses and substance abuse than for other medical conditions. A 2002 Kaiser Family Foundation study found that. while 98 percent of workers with employersponsored health insurance had coverage for mental health care. 74 percent of those workers were subject to annual outpatient visit limits. and 64 percent were subject to annual inpatient daily limits. The bill amends the Employer Retirement Income Security Act. ERISA. to prohibit employer group health plans from imposing mental health or substance abuse treatment limitations. financial requirements. or outofnetwork coverage limitations unless comparable limitations requirements are imposed upon medicalsurgical benefits. The outofnetwork coverage provisions are particulary important. Under this provision. if a health plan permits individuals to go to an emergency room for a medical condition without prior authorization. or an outofnetwork hospital or treatment center at innetwork rates for a medical condition. then the plan must apply the same rules to an individual suffering from a mental illness or substance disorder. In addition. the bill does not require group health plans to provide any mental health or substance abuse coverage. However. if the group health plan does offer mental health and/or substance abuse benefits. there must be equity between mental health and/or substance abuse coverage and all comparable medical and surgical benefits that the plan covers. As a result. more Americans will be able to access affordable mental health and substance abuse benefits. Nothing in the bill is intended to preempt stronger state mental health and substance abuse parity laws. The Committee on Education and Labor has analyzed each states mental health and substance abuse law. it is our understanding and intent that this legislation will not preempt any of these laws. In other words. a state law that may contain broader or more favorable mental health and/ or substance abuse benefit requirements will not be preempted. Finally. this bill directs the Department of Labor to provide information and assistance to individuals. employers. and states in order to help them comply with the requirements of this law. It is time to end the stigma and provide fair coverage to those in need.