MENTAL HEALTH PARITY IS LEGISLATIVE HIGHLIGHT

Most group health plans will soon be required to provide mental health benefits on a par with other health insurance coverage, as a result of a bill passed by the state legislature and signed into law by the governor. This dramatic accomplishment is one of the very few favorable outcomes for people with disabilities in this year’s legislative session.

The new law was sponsored by Rep. Ed Sandoval of Albuquerque. It will require health plans to include mental health coverage, prohibit treatment limitations or financial requirements for mental health that exceed those that apply to other covered conditions, and also prevent plans from reducing or eliminating any current benefits for mental health coverage. If the costs of the added coverage exceed 1.5% for small groups (or 2.5% for large groups), employers will have the option of paying for these costs themselves, sharing the cost of the additional increase with their employees, negotiating for lower-cost coverage, or seeking an exemption from the Division of Insurance.

Previous parity legislation had been vetoed by Governor Johnson, but with strong encouragement from U.S. Senator Pete Domenici and others, the governor changed course and agreed to support the bill.

Unfortunately, the state budgets produced by the legislature and then vetoed by the governor contained no new funding at all for most disability programs. That includes the Medicaid waivers for Developmental Disabilities and Disabled and Elderly, mental health services or medications for adolescents and adults (including forensic networks), TBI services, independent living, and other programs. Several attempts were made to amend the budget to include more DD services, but each failed.

Two disability programs did see an increase. A new program to allow working adults with disabilities (with incomes up to 250% of the poverty level) to "buy in" to the Medicaid program was included in the state budget, as was an increase in the medication program for persons with HIV/AIDS. Advocates hope that the anticipated Special Session of the legislature will preserve those two gains while adding funding to other important disability services.

A bill to exclude developmental disabilities services from managed care passed the legislature again this year, but is expected to be vetoed again.

For a complete review of legislative action on disability issues, check the P&A web page at nmprotection-advocacy.com.