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16 Conn. Ins. L.J. 297 (2009-2010)
The 2008 Mental Health Parity and Addiction Equity Act: An Overview of the New Legislation and Why an Amendment Should Be Passed to Specifically Define Mental Illness and Substance Use Disorders

handle is hein.journals/conilj16 and id is 299 raw text is: THE 2008 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT: AN OVERVIEW OF THE NEW LEGISLATION AND WHY AN AMENDMENT SHOULD BE PASSED TO SPECIFICALLY DEFINE MENTAL ILLNESS AND SUBSTANCE USE DISORDERS Sara Nadim* This note examines the 2008 Mental Health Parity and Addiction Equity Act and argues that even though this Act represents a landmark improvement in mental illness parity coverage, an amendment should be passed to define what is specifically considered to be a mental illness or substance use disorder. The first part explores the history of federal mental parity law along with the efforts made to achieve parity. The second part discusses the specific provisions of the 2008 Act, specifically that it does not provide explicit definitions for mental health conditions or substance use disorders. Third, state definitions of mental illness are reviewed. Recent developments supporting the biological basis of mental illness are presented in the fourth part. Finally, the fifth part of the note evaluates the diminished societal costs that will come with the addition of parity in mental illness insurance coverage. This note argues that certain severe biologically based mental illnesses should be listed under the definition of mental illness that at minimum insurers should be required to cover. It supports its proposition by providing evidence that group health plan costs for employers will not increase greatly, and that societal costs, such as homelessness and loss of productivity in the workplace, will be greatly reduced when mental illness and substance use disorders are adequately treated. * University of Connecticut School of Law, Juris Doctor Candidate for the Class of 2010.

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