
Compromise Reached on Mental Health Parity
House Committee Approves Genetic Anti-Discrimination Legislation
Senate Finalizes FY 2007 Appropriations
Congress in Recess from February 19-23
Top Story
Compromise Reached on Mental Health Parity
This week, the Senate's Health, Education, Labor and Pensions (HELP) Committee passed the Mental Health Parity Act of 2007 by a vote of 18-3.
The bill is sponsored by Senators Pete Domenici (R-NM), Edward Kennedy (D-MA), and Michael Enzi (R-WY) and would require companies offering mental health benefits to employees, to provide mental health coverage equal to coverage offered for other physical medical conditions. This includes equality in terms of co-payments, deductibles, and coverage limits.
The legislation is the result of year-long negotiations and compromise between employers, insurers, and mental health advocates. The bill's mandates would only apply to employers with more than 50 employees and a business may be exempt if the total cost of their health plan increases by more than 2 percent during the first year, or more than 1 percent of the total cost each following year. Additionally, the legislation would not apply to the individual health insurance market.
The first Mental Health Parity Act was passed in 1996, and required that group health insurance plans keep annual and lifetime limits for mental health services the same as for other physical medical conditions. Many mental health advocacy groups argued that the bill contained loopholes which allowed plans to impose higher co-payments and deductibles for mental health services.
It is unclear when the full Senate will take up the legislation. It is also unclear whether the recent change control of the House will finally give mental health parity advocates the opportunity to pass a bill that chamber.
Health Care News
House Committee Approves Genetic Anti-Discrimination Legislation
The House Education and Labor Committee approved legislation this week aimed at preventing discrimination based on the results of genetic tests.
The legislation would prevent health insurers from denying coverage or charging higher premiums based on the findings of individuals' genetic tests. Employers would also be barred from using genetic test results as a basis for decisions on whether to hire, fire or promote an individual.
Currently, genetic tests for about 1,000 diseases are available and advocates hope the legislation will encourage more people to seek genetic testing without fear of discrimination. However, with many state requirements already in place, opponents argue that new federal requirements will complicate matters.
A similar bill was approved by the Senate HELP Committee in late January and versions of the legislation are expected to pass both the full House and Senate. The President has indicated that he will sign genetic anti-discrimination legislation whenever it is sent to him.
Senate Finalizes FY 2007 Appropriations
On Wednesday, February 14th, the Senate cleared a $463 billion Continuing Resolution (CR), making appropriations for the remainder of fiscal year (FY) 2007.
Prior to adjournment in December, the 109th Congress passed a CR through February 15th. Final passage of the omnibus spending bill comes nearly five months into the fiscal year for which it is appropriating funds.
The CR holds most spending at FY 2006 levels; however, the removal of all earmarks provided some extra funding to be used for the Democrats' domestic priorities.
For example, the Food and Drug Administration (FDA) will receive $1.56 billion in FY 2007, approximately $88 million more than the FY 2006 levels. Likewise, the Global HIV/AIDS Initiative will receive $3.25 billion, $353 million more than FY 2006 spending levels. That National Institutes of Health (NIH) will receive $28.8 billion in FY 2007, $620 million more than appropriated in FY 2007.
Although the measure cleared the Senate 81-15, many Republicans used the time allotted for debate to express their discontent with the Democrats' refusal to allow amendments to the CR. However, due to the tight-timeline and the threat of a government shut-down, it became difficult for Members to vote against the measure in the end.
Upcoming Events
Congress in Recess from February 19-23
For More Information
For further information on any topics discussed or publications listed, or to get copies of anything mentioned in this alert, please call 202.466.6550 and ask for the Legislative Practice Group.
Powers Pyles Sutter & Verville PC is a full service law firm specializing in health care and education law and located at 1875 Eye St., NW 12th Floor, Washington DC 20006.
© Copyright 2007, Powers Pyles Sutter & Verville PC. All rights reserved.