Joyce Introduces Bill to Strengthen Mental Health Parity

BOSTON – Senator Brian A. Joyce has introduced a bill to assist Massachusetts residents in obtaining the full mental health parity they’re granted under the law. The bill will allow consumers to pursue private litigation against an insurer if the insurer is denying the consumer access to treatment for mental health and substance abuse issues.

“Parity is the law of the land but that doesn’t stop some insurers from denying necessary treatments by creating artificial roadblocks and ignoring the treatment plans prescribed by medical professionals,” said Joyce. “This bill will assist residents with obtaining the treatments they’re legally entitled to but must sometimes fight to obtain.”

In 2008, both Massachusetts and the federal government passed legislation requiring insurers to cover treatment for mental health and substance abuse disorders equal to physical ailments. Though the law passed, many insurers will deny more expensive plans, such as inpatient treatments, or require facilities to comply with stringent and burdensome guidelines that place an excessive burden on providers. The legislation would allow individual or class action lawsuits against an insurer, and allow for the recuperation of court costs, attorneys’ fees and damages should the courts find the insurer denied mental health parity.