This page lists some of the action toward parity compliance undertaken by state regulatory agencies since 2008.

Are we missing any actions taken by state regulatory agencies? Let us know at info@paritytrack.org

Action in the Regulatory Arena

2020

Primary Focus Mental Health Parity Reporting Requirements for Health Insurance Insurers
Agency Louisiana Department of Insurance
Citation Directive 216
Summary

The purpose of this Directive is to advise all health insurance issuers and health maintenance organizations of the establishment of reporting requirements pertaining to mental health parity. Beginning on January 31, 2021, and no later than January 31 of each year thereafter, all non-exempt issuers shall submit an annual report to the Commissioner that contains (1) a description of the process used to develop or select medical necessity criteria for mental health and substance use benefits, (2) Identification of all non-quantitative treatment limitations that are applied to mental health and substance use benefits, (3) the results of comparative analyses for the medical necessity criteria described in (1) and (2).
Effective January 31, 2021

12/2017

Primary Focus Parity: General
Agency The Department of Health
Title/Description Mental Health Parity and Addiction Equity Act Compliance Plan
Citation MHPAEA Compliance Plan
Summary Mental Health Parity and Addiction Equity Act Compliance Plan: Louisiana Parity Analysis report prepared by the Louisiana Department of Health; Office of Behavioral Health.
Release Date 12/2/2017

05/2016

Primary Focus Parity: General
Agency The Department of Health and Hospitals, Bureau of Health Services Financing
Title/Description Benefits and Services
Citation

LAC 50:I.10103, as created by LR 42:756
Summary

Minimum Essential Health Benefits. Pursuant to § 1302(b) of ACA, the ABP must provide the new adult group with a benchmark benefit or benchmark-equivalent benefit package that includes the required minimum essential health benefits (EHBs) provided in affordable insurance exchanges. There are 10 benefit categories and some of the categories include more than one type of benefit. The following services are considered EHBs:

  1. mental health and substance use disorder services, including behavioral health treatment:
  2. these services shall be in accordance with the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008;
Effective Date 5/20/2016

12/2013

The Louisiana Department of Insurance (LDI) issued a bulletin to plans clarifying the requirements and conditions for plans that were applying for temporary exemption from the Affordable Care Act (transitional relief [pdf | Get Adobe® Reader®]). Among many other things, it clarified that among any plans that qualified for this exemption, individual plans would still have to comply with the Federal Parity Law while small employer fully-insured plans would not (top of page 3).

04/2013

The Louisiana Department of Insurance (LDI) issued a bulletin (pdf | Get Adobe® Reader®) about the Department’s authority to enforce the Federal Parity Law and the Affordable Care Act (ACA). Pages 1 through 3 are relevant to parity. It informed plans that LDI would be monitoring all relevant plans for compliance with the Federal Parity Law and the ACA. Any plans that were found non-compliant would be issued a notice of non-compliance and asked to change their policies so that they abide by these federal laws. If there was continued non-compliance, LDI would refer any plan to the Center for Medicare and Medicaid Services (CMS) for further disciplinary action.

The bulletin also stated that LDI would respond to and investigate any consumer complaints related to the Federal Parity Law and the ACA. The LDI would request that any plan that was violating these laws should adjust their actions to resolve the issue. Any plan that “refuses to take corrective action” would be referred to CMS for further action. If any complaints or investigations reveal a pattern of violations, LDI and CMS would discuss the possibility of performing market conduct examinations. The bulletin also declared that LDI would assess any plan’s compliance with the Federal Parity Law and the ACA whenever LDI performs a market conduct examination.

Pages 4 through 10 contained information relevant to the ACA, but not relevant to parity.

National Parity Map

View the state parity reports to learn about legislation, regulation, and litigation related to parity implementation

National Parity Map

Get Support

Common Violations

In seeking care or services, be aware of the common ways parity rights can be violated.

Common Violations