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BUSCHING-KAPOCHUNAS FINAL

2/4/2009 1:59:19 AM

2008]

TIMOTHY’S LAW

621

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

a

legislature

fashioning

their

own

definition

for

mental

illness, followed definitions of the

by stating that specific DSM, is not apparent in

mental illnesses are to use other states’ parity laws. 136

the

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

percent] limited”

of in

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.

California’s

parity

  • 131.

    § 23-99-506(b).

  • 132.

    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).

  • 133.

    N.H. REV. STAT. ANN. § 417-E:1(I) (2006).

  • 134.

    § 417-E:1(III)(a)-(i).

  • 135.

    § 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).

  • 137.

    215 ILL. COMP. STAT. ANN. §§ 5/370c(a)(2)(i)-(ii), (b)(1).

  • 138.

    § 5/370c(b)(2)(A)-(J).

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).

  • 140.

    N.H. REV. STAT. ANN. § 417-E:1(III)(a)-(i) (2006).

  • 141.

    CAL. INS. CODE § 10144.5(d)(1-9) (West 2006).

  • 142.

    S.D. CODIFIED LAWS § 58-17-98 (2006).

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