Ayotte Welcomes Issuance of Final Task Force Report on Mental Health & Substance Use Disorder Parity

Press Release

U.S. Senator Kelly Ayotte welcomed the release of the final report from the Mental Health and Substance Use Disorder Parity Task Force, which provides information related to the implementation and enforcement of federal law that requires coverage for mental health and substance use disorder treatment be no less restrictive than coverage for medical and surgical treatment. The Task Force also makes several recommendations to improve compliance with the parity law, including clarifying how the law applies to medication-assisted treatment for opioid use disorders and expanding consumer education about their rights under the parity law, both previously advocated for by Senator Ayotte.

"I am pleased that the Mental Health and Substance Use Disorder Parity Task Force has issued its final report and I look forward to reviewing its recommendations on how to better enforce, and ensure compliance with, the parity law," said Senator Ayotte. "Often, mental health and substance use disorders can be co-occurring, making access to treatment even more important. Yet, I've heard first-hand from too many individuals in New Hampshire who are living with a mental health or substance use disorder, and the loved ones of those who are struggling, that parity is still not a reality. Recognizing that a substance use disorder is a disease and should be treated in the same manner as a physical injury is key to combatting the opioid abuse epidemic facing our state and nation," said Senator Ayotte.

On October 5, 2015, Ayotte authored a letter to the Government Accountability Office (GAO) asking that it undertake a review of the implementation and enforcement of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (MHPAEA). The letter to the GAO cited New Hampshire's growing opioid abuse epidemic and the concerns heard by Ayotte from individuals who were unable to access treatment, despite the requirements set forth under the parity law. On October 9, 2015, Ayotte wrote to the CEOs of the five largest U.S. health insurance carriers highlighting the concerns she heard from New Hampshire constituents who were unable to access treatment for themselves or a loved one struggling with an opioid use disorder. Her letter asked the heads of the insurance companies whether they had been audited or investigated by a Federal department or agency to ensure their compliance with the parity law and if so, what were the key findings. On October 15, 2015, Ayotte and Senator Chris Murphy (D-CT) co-led a letter to the Departments of Health and Human Services (HHS) and Labor (DoL) urging the undertaking of immediate and overdue action to implement and enforce the MHPAEA. The letter asked HHS and DoL questions related to the number and results of compliance audits conducted by the departments, as well as whether additional guidance would be issued to health plans regarding how to ensure they are in compliance with the parity law.

In July 2015, along with Senator Amy Klobuchar (D-MN), Shelley Moore Capito (R-WV), and Tammy Baldwin (D-WI), Ayotte introduced the Anna Westin Act (S. 1865), which among other provisions would clarify that the parity law applies to residential treatment for eating disorders. Key provisions of the Anna Westin Act were included in the Mental Health Reform Act of 2016 (S. 2680), which passed the Senate HELP Committee and which Ayotte is cosponsoring. Ayotte also worked with the HELP Committee during the drafting of the legislation to include provisions related to enhanced compliance with the parity law, the development of an action plan for enhanced enforcement of mental health and substance use disorder coverage, federal department reports on parity investigations, and a GAO report on parity and substance use disorder benefits.

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