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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: 3