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July 24, 2008
 S. 3335 the Jobs, Energy, Families & Disaster Relief Act of 2008: Section
313. Mental Health Parity
The bill provides funding for a variety of measures, including mental
health parity. Specifically, the bill amends the Employment Retirement
Income Security Act and the Public Health Service Act to require that an
insurance plan offering coverage for behavioral health treatment must
offer such treatment under the same copayments and benefit terms as
medical or surgical treatment. Insurance plans are not required to offer
behavioral health coverage. Plans offered by small employers (with fewer
than 51 employees) are not required to offer parity coverage. If signed
into law, the provisions would take effect on January 1, 2009, and group
health plans would be required to incorporate the changes during the
following plan year.
A study will be conducted by the comptroller general of the United States
three years after the legislation is enacted. The study will analyze
specific rates, patterns, and trends in coverage and exclusion of
specific mental health and substance use disorder diagnoses by health
plans and health insurance.
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