What takes priority, state or federal parity legislation?
Stronger state mental health parity laws are not preempted by the federal law. If, for example, a state law requires parity for all diagnoses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM), this state requirement remains in place, as do state laws that require parity for specific diagnoses (usually, a list of severe mental illnesses). In addition, the act does not override an obligation created in state law to either cover or offer mental health benefits. If a state parity law does not include substance use disorder, but a plan covers substance use disorder, the coverage must be at the federal parity level.
Related Questions
- Do the state and federal parity laws prohibit deductibles, co-payments and/or other cost-sharing elements being applied to mental health or substance use disorders?
- When does oversight begin at the State and Federal levels once compliance is required and work takes place using ARRA funds?
- What takes priority – state or federal parity legislation?
