Amend the parity law to redefine MH/SUDs

Currently, the lack of such a definition weakens MHPAEA’s protections, especially for autism spectrum disorders. Federal regulators have made clear that health plans must define MH/SUDs consistent with generally recognized independent standards of current medical practice, such as the DSM or International Classifications of Disease (ICD), unless state law defines otherwise. This generally results in individuals with autism being protected under MHPAEA, given that autism is defined as a mental health condition in the DSM and ICD. However, at least one state – North Carolina – defines autism as a physical health condition, not a mental health condition, and MHPAEA’s protections do not apply to fully-insured plans in the state. In their 2022 report to Congress, the Departments of Labor, Health and Human Services, and Treasury have requested that Congress define MH/SUD[1], and the Promoting Clarity in Mental Health and Substance Use Disorder Treatment Act was introduced later that year, which would tie the definition of MH/SUD to the DSM and ICD[2].