Was Your Child Denied Coverage for Addiction Treatment? File an Insurance Parity Complaint

filing insurance complaint

It can be absolutely heartbreaking when insurance coverage for addiction treatment for your son or daughter’s substance use is denied. You’ve worked so hard to get to this point — to get your child the help he or she needs — only to have your insurance company tell you that they won’t pay for treatment. But many parents and families don’t know that it’s within their rights to appeal. In fact, it’s illegal in most cases for insurance companies to deny coverage for substance use disorder when it’s medically necessary.

When denied coverage for substance use disorder or mental health treatment, you can file an appeal with your insurance company, and you also can file a complaint with your state insurance commissioner and Attorney General. It is the job of the state insurance commissioner and state Attorney General to look into your complaint and investigate. Therefore, it’s critical to file complaints if you suspect you are being denied your health insurance benefits, so they will be able to ensure that everyone is receiving the care they deserve.

What Does ‘Filing a Complaint’ Actually Mean?

Under the 2008 federal law, the Mental Health Parity and Addiction Equity Act (Parity Act), you can file a complaint of non-compliance with the law. If you have been denied or received restricted care for substance use disorder treatment by the insurance company, or if you have paid more for this type of treatment than for other medical services provided in your insurance plan, it is possible that there has been a violation under the Parity Act. Filing a complaint is the first step in an investigation as to whether your insurance company has violated the law.

Why Should I File a Complaint?

Filing a complaint is an important step to let your elected officials know that your rights may have been violated. In each state, there are regulators called insurance commissioners who monitor the insurance industry. It is their job to make sure the law is being enforced and that your rights are not being violated. Insurance providers are required by law to provide coverage for substance use disorders. If anyone covered under your plan, such as your child, is being denied coverage, you are not receiving what you are paying for.

The bottom line is that the more complaints there are from consumers, the more pressure there is for regulators and elected officials, like Attorneys General, to help enforce the law.
Enforcing the Parity law means that insurers have to provide others equal coverage for substance use disorder and mental health that they do for other medical and surgical benefits.

Where Do I File a Complaint?

Complaints are filed at the state level because insurance companies and their plans are monitored by the states. In most states, you can file a complaint online with your state’s insurance commissioner. (Find your state here through the National Association of Insurance Commissioners.)

You’ll be directed to how to file a complaint, based on your insurance provider and in your state of residence. It is important to know and identify what type of insurance you have: employer-paid plan, self-funded plan, or Medicaid/Medicare.

What Should Be in the Complaint?

Some states will have a set form for you to fill out online to submit a complaint. If they don’t have a form, here is a general list of what should be included in a complaint letter: your name, phone number, address, health insurance provider information (name of company, city and state, policy number), if your employer purchased this insurance or if you purchased individually, and a detailed explanation of how you have been discriminated. We’ve included a list of common violations below that can be referenced when sending a complaint:

  • If your co-pay for substance use disorder or mental health visits is higher than for other health services
  • If there are stricter limits on how many visits you can receive for substance use disorder or mental health than for other health services
  • If you are being charged more for a prescription drug for substance use disorder (like medication assisted treatment) or mental health than for prescriptions for other health services
  • If your health provider is required to obtain prior authorization for substance use disorder or mental health treatment and is not required to do so for other health services
  • If the insurer refuses to pay for treatment that your health provider deems necessary for substance use disorder or mental health, or if they make you try a less expensive treatment before covering the treatment your provider recommends

With Whom Do I File the Complaint?

It varies by what type of insurance you have, but when you file a complaint it’s generally with the state insurance commissioner. If your health insurance is self-funded through your employer, you should file a complaint through the Department of Labor. (Health and Human Services has a helpful site to walk consumers through this process.)

As an additional step, you should send a complaint letter to your state Attorney General’s office so they are aware of the problems occurring with enforcement of the Parity Act. You can also register a complaint online at the Kennedy Forum.

What Happens After I File a Complaint?

After a complaint is filed, the state insurance commissioner’s department will send a letter and/or a copy of your complaint to the insurance company and investigate the complaint. They should also send you a copy of your complaint that was filed. Keep this record so you can follow up with the insurance commissioner’s office to see what steps have been taken.

It has been 10 years since the Parity Act has become law and 10 years since it hasn’t been properly enforced. The truth is that the Parity Act will continue to not be enforced if consumers don’t file complaints. These put critical pressure on regulators to investigate whether benefits are being covered for those seeking addiction treatment. If substance use disorder and mental health benefits are being denied, insurance providers are not only discriminating against those diseases and breaking the law, they are also taking your money without providing care. We need parents to help change this, and filing a complaint is one simple step to making a huge difference in enforcing the Parity law and changing the landscape for those struggling with addiction.

Demand Insurance Coverage of Addiction Treatment

Sign our petition to help us demand the insurance coverage for addiction treatment that Americans are already legally entitled to under the 2008 Parity Act.

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