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act explicitly states that mental illnesses and developmental disorders shall be treated under the same terms and conditions as other medical illness, with no discrepancy between coverage duration and financing.131 This act and Timothy’s Law both provide exemptions for small employers with 50 or fewer employees. 132
New Hampshire’s mental health parity law requires all group health
insurers to provide benefits for certain mental illnesses “that are no less extensive than coverage for other physical illnesses.”133 The statute includes a list of covered mental illnesses that are defined with reference to the DSM,134 but the legislature chose to fashion their own definition
of “mental created by
illness” as used in the statute.135
The seeming confusion
illness, followed definitions of the
by stating that specific DSM, is not apparent in
mental illnesses are to use other states’ parity laws. 136
Illinois’ mental under the same
health parity statute calls for mental illness terms and conditions as other illnesses and
to be treated diseases, but
states that “the insured expenses incurred . . .
may be and the
required to pay up annual benefit limit
to [fifty may be
relation to substantial
mental illness treatment.137 limitation on mental health
Illinois’ statute therefore places a parity that can be exercised at the
behest of insurance providers. of what psychiatric illnesses
Illinois’ statute also includes a are covered,138 something also
short list found in
Timothy’s Law,139 New Hampshire’s parity law,140 law,141 South Dakota’s parity law,142 and others.
Compare N.Y. INS. LAW § 3221(l)(5)(D)(i) (McKinney 2008), with §§ 23-99-503(8), 23-
99-503(8) (providing exemptions for employers of fifty or less individuals).
N.H. REV. STAT. ANN. § 417-E:1(I) (2006).
§ 417-E:1(I). “[A] clinically significant or psychological syndrome or pattern that occurs
in a person and that is associated with present distress, a painful symptom or disability, impairment in one or more important areas of functioning, or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom.” Id.
136. Other states’ mental health parity laws choose to exclusively use DSM definitions. 215 ILL. COMP. STAT. ANN. § 5/370c(b)(2) (West Supp. 2007), ARK. CODE ANN. § 23-99-503(6)
(2004). Others make no mention of DSM definitions whatsoever. 4089b(a)(2) (2006).
215 ILL. COMP. STAT. ANN. §§ 5/370c(a)(2)(i)-(ii), (b)(1).
VT. STAT. ANN. tit. 8, §
139. Timothy’s Law, S. 8482 § 2(B), 2006 Sen., 229th Sess. (N.Y. 2006); Assemb. 2912-A, 2006 229th Sess. (N.Y. 2006) § 3(B)(ii).
N.H. REV. STAT. ANN. § 417-E:1(III)(a)-(i) (2006).
CAL. INS. CODE § 10144.5(d)(1-9) (West 2006).
S.D. CODIFIED LAWS § 58-17-98 (2006).