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94 Maryland Attorney General Reports and Opinions 3 (2009)

handle is hein.sag/sagmd0032 and id is 1 raw text is: HEALTH

MENTAL H EALTii -     HEALTH   INSURANCE -    IMPACT ON
MARYLAND LAW OF THE PAUL WELLSTONE AND PETER
DOMrENICl MENTAL HEALTH PARITY AND ADDICTiON
EQUITY ACT OF 2008 (PARITY ACT)
February 23, 2009
The Honorable Thom as Ml. Midlleton, Chairman
Senate Finance Comminee
The Honorable Peler A. Hammnen, Chairman
House Health and Goiernment Operalions Coitt in ilee
Congress recently enacted the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of 2008
(the 2008 Parity Act), which builds upon the provisions of an
earlier federal law known as the Mental Health Parity Act of 1996
(the 1996 Paritv Act). Together, those laws (collectively, the
federal Parity Acts) establish various requirements for certain
health plans that offer mental health benefits and substance abuse
benefits. Maryland statutes governing health insurance and health
maintenance organizations (HTM Os) mandate certain mental health
benefits. but are not identical to the federal Parity Acts and include
certain limitations.
You have asked for our opinion concerning the relation of
federal law. as amended by the 2008 Parity Act, to Maryland law,
and specifically how each health insurance market in the State is
afTected by the recent federal legislation. In particular, you ask
about the impact of the 2008 Parity Act on Annotated Code of
Maryland, Insurance Article (IN), §15-802, which, among other
things, contains specific cost-sharing requirements for outpatient
treatment and specifics a maximum cupaynent for methadone
treatment. You also ask about the impact of the federal law on IN
§15-840, which mandates coverage of medically necessary
residential crisis services.
For the reasons set forth in this opinion, the 2008 Parity Act
affects various segments of the health insurance market as follows:

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