Current Regulatory Battles Forecast Potential Storms Ahead

As implementation of the Patient Protection and Affordable Care Act takes off, it is instructive to watch new implementation difficulties in the rulemaking process regarding interim final regulations for mental health parity for group health plans. The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 which strengthens mental health coverage by requiring things like cost-sharing and treatment limits to be applied equally to both physical and mental health plan benefits.  (The Medicare Improvements for Patients and Providers Act of 2008 includes a mental health parity provision for Medicare, which gradually equalizes treatment for Medicare mental health cost-sharing by 2015).  Interim Final Regulations for the mental health parity law were issued January 29, 2010.  As discussed in an article by Robert Pear for the New York Times , some insurers and employers are challenging the regulations as being overly burdensome.