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Are You Experiencing AD/HD Treatment Coverage Problems in Health Insurance?

Published in Attention! , December 2002

By E. Clarke Ross, D.P.A.

During the past year, I have received a variety of calls from CHADD members whose health insurance companies declined payment for the treatment of AD/HD. Unfortunately, because of CHADD's small national staff, we do not have the resources to personally advocate for individual citizens pursuing claims or complaints. However, we do try to be helpful by offering generalized advocacy responses to questions received. This article highlights some of the stories recently brought to our attention, along with responses we have provided in return.

Evidence-Based Science is the Best Advocacy Strategy

One of the most memorable stories CHADD received about insurance discrimination came from a Maryland CHADD member and practicing psychiatrist who complained that Care First Blue Cross/Blue Shield of Maryland, which covers the assessment and treatment of AD/HD, denied, as medically unnecessary, traditional psychotherapy for the treatment of AD/HD. In response, CHADD contacted the American Psychiatric Association (APA) and the American Academy of Child and Adolescent Psychiatry (AACAP) for support. Together we approached BC/BS of Maryland. We shared with BC/BS the findings of the Surgeon General's Report on Mental Health and the National Institute of Mental Health (NIMH) Multi-modal Treatment Study (MTS). We obtained and shared published studies from our Professional Advisory Board (PAB). AACAP shared their best practice guidelines. APA took the lead and consistently contacted BC/BS. We also stated that if this practice wasn't modified, we would consider moving forward with both the state's legislature and local media. [BC/BS, regulated by the state, is being sold to an out-of-state for-profit organization.]

Following six months of persistent advocacy on our collective parts, BC/BS ultimately changed their policy so that "short-term cognitive or behavioral psychotherapy for individual and family sessions for AD/HD" is now considered "medically necessary." Most states publicly list a health insurance company's medical necessity coverage policies through the Internet. Citizens and health plan enrollees should check these policies. (See the BC/BS of Maryland policy online.

In another incident, a CHADD member contacted us to report that S&S Health of Alabama denied treatment of AD/HD for all persons over the age of 19 years. We shared the CHADD fact sheets on adults with AD/HD and encouraged the individual to use the health company's internal appeals process to challenge this denial.

In a similar situation, a CHADD member in his forties contacted us with complaints that BC/BS of Maryland had denied payment for his stimulant medication. We provided the CHADD fact sheet on adults with AD/HD and encouraged him to use the company's internal appeals process to challenge this denial. Though he opted to incur the first month's cost himself, as he did not want to wait, his appeal was ultimately successful and today BC/BS is paying for his medication to treat AD/HD.

Inconsistent Coverage Is Typical

Several months ago, a Ph.D. child psychologist contacted us to complain that BC/BS of Texas and its mental health vendor, ValueOptions (VO), denied payment for the assessment of AD/HD because VO would only pay for assessments by child psychiatrists. CHADD contacted the chief medical director of VO and VO changed their Texas policy. The Texas policy was inconsistent with their national policy.

The June 2001 issue of ATTENTION! included an article on the treatment of AD/HD within a managed care program operated by United Behavioral Health (UBH). UBH data from 104 different employer health plans was analyzed for the assessment and treatment of a sample of 2,137 children with AD/HD. An Iowa hospital contacted us to say that UBH of Iowa did not cover the assessment and treatment of AD/HD. We responded by encouraging the hospital to contact UBH nationally.

Lack of Mental Health Parity

Mental health parity is a legislative/regulatory requirement prohibiting health insurance from discriminating on the basis of mental disorders. Under parity, mental and physical disorders would have to be equally covered. [See CHADD's Position Paper, Where We Stand - Mental Health Parity.]

A CHADD member from York, Pa., contacted us with complaints that BC/BS denied payment on outpatient treatment for AD/HD after 20 visits annually and required a 50percent co-payment for AD/HD rather than the 20percent co-payment for physical disorders. Another CHADD member from Oklahoma, notified us that that BC/BS denied any coverage of AD/HD. A CHADD member from Colorado called to report that while group health insurance policies covered AD/HD, individual policies denied the coverage of AD/HD. Unfortunately, all these coverage policies are legal.

All three states (Pa., Okla., Colo.) have state legislation requiring parity for mental disorders. But these three states mandate state parity only for group plans and for persons with "serious mental illnesses," most frequently defined as persons with schizophrenia, bipolar disorder, major depressive disorder and other similar illnesses. Health insurance companies are free to define mental disorders as they wish. We suggested that the Colorado and Oklahoma CHADD members review the policies provided by the Maryland BC/BS - at least they could point to other health insurance plans in America that cover AD/HD.

Advocacy Resources

All health insurance companies have internal grievance and complaints procedures. If you have a complaint, follow the company's procedures. All states have a state health insurance commissioner. Contact that office of the state government to see what external grievance and complaint procedures may exist in your state.

The most helpful national advocacy resource is the National Health Law Program. Contact their web site to learn which states have ombudsman and consumer assistance programs along with access information on state health insurance consumer protections. This site also provides information on choosing an appropriate health insurance plan and information on which states have pharmacy assistance programs (programs that sell prescription medications at costs less than market price for those without or with limited insurance).

Health Insurance Does Not Pay for IDEA Special Education and Related Services

Ever since the enactment of the Individuals with Disabilities Education Act (IDEA) in 1975, health insurance has consistently declared: "Benefits are not provided for diagnostic or treatment services related to learning, curriculum planning, educational achievement or special education programs provided under IDEA of Section 504 Plans." This is BC/BS of Maryland language, but is typical of such prohibitions throughout the health insurance industry. Many health insurance plans do cover the assessment and treatment of AD/HD. The boundary between the two policies remains a continuing challenge.

Health insurance is an enormously complex issue. And while CHADD does not have the ability to assist individuals experiencing health insurance discrimination and problems, we hope that this article provides some important clues and guidance in assisting you with your health insurance situation.

E. Clarke Ross, D.P.A., is CHADD's CEO

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