MHPAEA

How to Appeal a Mental Health or Substance Use Denial Under Parity Law

Insurance denied mental health or addiction treatment that would be covered for a physical condition? The Mental Health Parity Act (MHPAEA) may require them to cover it. Learn how to appeal.

What does MHPAEA mean?

A mental health parity denial occurs when your insurer applies more restrictive coverage rules to mental health or substance use disorder (MH/SUD) treatment than they apply to comparable medical or surgical benefits. This violates the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008, a federal law that prohibits unequal treatment of mental and physical health conditions.

Why insurers issue MHPAEA denials

Insurers often apply stricter prior authorization requirements, tighter medical necessity criteria, lower visit limits, or narrower provider networks to mental health and addiction treatment than they apply to equivalent physical health services. Courts and regulators have consistently found these practices violate parity law, but insurers continue them because most patients don't know their rights.

Appeal strategy

Request a 'comparative analysis' - MHPAEA requires insurers to provide, upon request, a written analysis showing how their mental health benefit restrictions compare to analogous medical/surgical restrictions. If the insurer cannot show that an equivalent restriction applies to medical/surgical benefits, the restriction violates parity law. File simultaneously with your insurer's internal appeals process and with your state insurance commissioner or the Department of Labor (for employer plans).

Frequently asked questions about MHPAEA