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

9/2012

The Arkansas Insurance Department issued a directive (pdf | Get Adobe® Reader®) that identified and explained which insurance plan it selected to be the benchmark plan for small employer plans and individual plans offered on the health insurance exchange created by the Affordable Care Act. This directive explained that the selected plan did not meet the requirements of the Federal Parity Law and therefore must be supplemented with the behavioral health coverage from a different plan in order to be the state’s benchmark plan.

8/2009

The Arkansas Insurance Department issued a bulletin (pdf | Get Adobe® Reader®) to insurers that explained what was required of them by the parity section of the Arkansas insurance law and the Federal Parity Law. The most significant points of clarification were:

  • Stated that the Department would probably need to issue a regulation regarding the Federal Parity Law but would wait until the federal regulation was issued
  • Explained which plans the Federal Parity Law applied to and to which plans the section of state insurance law applied
  • Explained that a small employer is defined as it is in Arkansas law (2-50 employees)
  • Explained that plans need to provide those they cover with the criteria they use for medical necessity
  • Listed the documents and information plans must provide to those they cover if there is a denial of coverage
  • Clarified that the parity section of the state insurance law supersedes other sections of the state insurance law about behavioral health coverage

1998

Primary Focus Parity-General
Agency Insurance Department
Title/Description Mental Health Parity
Citation 054 00 CARR 071
Summary

Upon the filing of a group policy or certificate applicable to more than fifty lives, the Department will seek verification of whether mental health benefits will, in fact, be offered. If they are offered, the Department of Insurance will seek verification that the annual and lifetime limits are equal to those provided for medical coverage. If mental health benefits are offered and annual and lifetime limits are not equal to similar medical coverage limits, then the health care insurer shall provide an actuarial certification that the cost calculated retrospectively, has increased by one percent (1%) or more, with supporting documentation based on the appropriate Actuarial Standards of Practice.
Effective Date 7/6/1998

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Common Violations

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

Common Violations