* The law covers mental illnesses (i.e. mental health services as defined under the terms of individual plans); it does not cover the treatment of substance abuse or chemical dependency.
* Existing state parity laws are not preempted by the federal law. A state law requiring more comprehensive coverage would not be weakened by the federal law nor does the federal law preclude a state from enacting stronger parity legislation.
* The law has a small business exemption which excludes businesses with 50 employees or less. Consequently, this is not a comprehensive mandate and limits the number of employers required to provide mental health parity benefits.
* The principle beneficiaries of the law are persons with severe, persistent and disabling brain disorders, such as major depression and bipolar disorder, because they are, on average, more likely to exceed annual lifetime benefits.
The Mental Health Parity Act does not provide a comprehensive redress of the imbalance in health insurance coverage. However, it ensures that at least some insurance protection will be provided. It also provides the framework to continue building and expanding the scope of insurance coverage parity in mental health services. The most recent step in this regard is new legislation proposed and introduced into the U.S. Senate called the Mental Health Equitable Treatment Act of 1999. Among its provisions, this bill would eliminate the earlier mental health parity law's expiration date of September 30, 2001 and would reduce that measure's small business exemption from 50 employees to 25 employees, so more businesses would be covered by the requirement. Like the previous bill, it covers major depression and bipolar disorder.40
Numerous government and non-government agencies and the vast majority of the American public support parity in the medical insurance coverage of mental health services.41 Recent studies indicate that health costs for employers have not been negatively effected by mental health parity laws.
FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA)42
The Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks unpaid leave within a 12 month period, during which their jobs are protected. Unless the employee is unable to perform the essential functions of his or her job, employment is guaranteed. However, if the position is filled, the employee can be placed in a substantially equivalent job with the same pay and benefits.
WHO IS COVERED BY FMLA ?
An employee must been employed at least 12 months (not necessarily consecutively) to be eligible. He or she must have worked a minimum of 1,250 hours during the 12 months preceding the leave. Leave due to the serious health condition of a child, parent, spouse, or oneself is clearly defined in the law primarily as an injury, impairment, or physical or mental condition that involves either inpatient or continuing treatment by a health care provider. These conditions include mental illnesses resulting from stress. Substance abuse is covered only if the leave is to seek treatment from a health care provider.43
