Mental Health and Substance Abuse Insurance Parity Legislation in 2023

Bill #	Date introduced	State	Sponsor	Status	Synopsys


SB 1018	01-04-2023	Arizona	Shope (Rep)	Referred to House Committee on Appropriations	Mandates that if a health benefits plan does not impose an aggregate lifetime limit on substantially all health services or benefits that are not related to mental health, it is prohibited from imposing an aggregate lifetime limit on mental health services or benefits.

HB 208	02-07-2023	Kentucky	Rachel Roberts (Dem) and George Brown Jr.(Dem)	Referred to House Committee on Committees	Requires health insurance policies to provide coverage for an annual mental wellness examination in order to adhere to the Mental Health Parity and Addiction Equity Act of 2008.

HB 939	04-06-2023	Massachusetts	Ruth B. Balser (Dem)	Referred to Joint Committee on Financial Services	Stipulates that any current or former employee of the commonwealth who is covered by the group insurance commission must be provided with nondiscriminatory coverage for the diagnosis and medically necessary treatment of any mental disorder.


SB 661	04-10-2023	North Carolina	James Andrew Burgin (Rep)	Referred to Senate Committee on Rules and Appropriations	Ensures that health benefit plans regulated by the North Carolina Department of Insurance achieve parity in mental health coverage.

HB 2109	01-11-2023	West Virginia	Mike Pushkin (Dem)	Referred to House Committee on Banking and Insurance	Requires that both the public employees agency and other health insurance providers provide mental health parity.

SB 273	1-30-2023	New Mexico	Martin Hickey (Dem)	Signed into Law by Governor	Incorporates sections of the Health Care Purchasing Act and the New Mexico Insurance Code to prevent insurers from imposing limitations on coverage for mental health or substance use disorder services that are more stringent than those applied to other types of healthcare services. It also establishes guidelines for insurers to comply with these provisions.

AB 4410	02-14-2023	New York	Phil Steck (Rep)	Introduced to Assembly Committee on Health	Enacts the Ensuring Access to Behavioral Health Act, which adds mental health services, substance use disorder treatment services, and recovery support services to the network adequacy requirements for insurance coverage. The Superintendent of Financial Services, in consultation with the Office of Addiction Services and Supports and the Office of Mental Health, is responsible for reviewing data collected through the Mental Health and Substance Use Disorder Parity Compliance Program required under 11 NYCRR 230.3 for every insurer.



SB 2744	03-07-2023	Minnesota	Matt Klein (Dem)	Passed House but Senate refuse to concur in House amendments	Allocates $100,000 in the second year for the establishment and upkeep of the Mental Health Parity and Substance Abuse Accountability Office under Minnesota Statutes, Section 62Q.465.

SB 178	01-26-2023	Arkansas	Kim Hammer (Rep)	Signed into law by Governor

HB 3126	01-23-2023	Oregon	Tawna Sanchez (Dem)	Referred to Joint Committee on ways and Means	Forbids insurance policies or certificates that reimburse the expenses of medical care from necessitating prior authorization of treatment given to an individual who comes to the Regional Child Psychiatric Center with a behavioral health crisis. It also prohibits insurance policies from denying coverage based on the health professional providing treatment not being credentialed with the insurer providing the policy or certificate.



HB 419	04-10-2023	Louisiana	Travis Johnson C (Dem)	Referred to House Committee on Appropriations	Provides Medicaid coverage for mental health and substance abuse services via the Psychiatric Collaborative Care Model.

SB 28	01-18-2023	Rhode Island	Joshua Miller (Dem)	Recommended by Senate Committee on Health and Human Services for further study	Relates to insurance; insurance coverage for mental illness and substance abuse; increases the rate of reimbursement for in-network behavioral health care services below the medial commercial reimbursement rate and also the State Medicaid shall increase the rate of reimbursement.


HB 81	01-17-2023	Utah	Brian S. King (Dem)	Enacting Clause Struck	Requires health plans offered by a governmental entity that opts out of the federal Mental Health Parity and Addiction Equity Act (the act) to substantially comply with the act, including the act's financial requirements and treatment limitations;

SB 444	01-17-2023	Oklahoma	John Michael Montgomery (Rep)	Passed House. Referred to Senate for concurrence	Pertains to mental health and substance use disorder benefits and defines relevant terms. It requires certain health benefit plans to provide reimbursement for specified care in accordance with a specific model.

HB 184	02-01-2023	Georgia	Marvin Lim (Dem)	Referred to House Committee on Insurance	Insurance coverage for mental health and substance abuse disorders, compliance with mental health parity requirements, complaints and violations, and appointment of mental health parity officer

AB 1157	02-16-2023	California	Liz Ortega (Dem)	Referred to Assembly Committee on Appropriations	Requires that an individual or small group health care service plan contract issued, amended, or renewed on or after January 1, 2017, must include coverage for essential health benefits, including mental healthcare and substance abuse disorder rehabilitative treatment, in accordance with the federal Patient Protection and Affordable Care Act. The coverage of mental health and substance use disorder services, as well as any scope and duration limits applied to these benefits, must be compliant with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.

HB 1095	01-09-2023	Indiana	Robin Shackleford (Dem)	Referred to House Committee on Public Health	States that if the state enters into a contract for healthcare services through prepaid healthcare delivery plans, medical self-insurance, or group health insurance for state employees, the contract cannot impose treatment limitations or financial requirements on the coverage of services for mental illness if comparable limitations or requirements are not applied to the coverage of services for other medical or surgical conditions.

SB 238	01-24-2023	California	Scott Wiener (Dem)	Referred to Senate Committee on Appropriations	Requires a health care service plan or a disability insurer that modifies, delays, or denies a health care service, based in whole or in part on medical necessity, to automatically submit within a specified number of hours a decision regarding a disputed�health�care service to the Independent Medical Review System, without requiring an enrollee to submit a grievance, if the decision is to deny, modify, or delay certain services related to�mental�health�or substance use conditions for certain enrollees.