[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Page S83]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself and Ms. Snowe):
  S. 77. A bill to amend title XXI of the Social Security Act to 
provide for equal coverage of mental health services under the State 
Children's Health Insurance Program; to the Committee on Finance.
  Mr. KERRY. Mr. President, it is my great hope that Congress will move 
this year to see that the successful, bipartisan State Children's 
Health Insurance Program, SCHIP, is allowed the opportunity to fulfill 
its promise to the low-income children of this country. For over 11 
years it has provided, along with Medicaid, the type of meaningful and 
affordable health insurance coverage that each and every American child 
deserves. Yet there is much work to be done to improve this program, 
and the reauthorization of SCHIP gives us the opportunity to expand 
these successful programs to many of the nine million uninsured 
children in the country today, starting with the 6 million that are 
already eligible for public programs but not yet enrolled.
  While expanding coverage to the uninsured is our top priority, it is 
equally important to ensure that the types of benefits offered to our 
Nation's children are quality services that are available when needed. 
Unfortunately, when it comes to mental health coverage, that is too 
often not the case today. Therefore, I am introducing today, along with 
Senator Snowe, the Children's Mental Health Parity Act which provides 
for equal coverage of mental health care for all children enrolled in 
the State Children's Health Insurance Plan, SCHIP. This was passed as 
part of the SCHIP reauthorization last year, but unfortunately the bill 
was vetoed by President Bush.
  I am encouraged by the passage of the Paul Wellstone and Pete 
Domenici Mental Health Parity and Addiction Equity Act in October 2008. 
It is now time to extend the same parity in mental health coverage to 
our children that we give to adults. Mental illness is a critical 
problem for the young people in this country today. The numbers are 
startling. Mental disorders affect about one in five American children 
and up to 9 percent of kids experience serious emotional disturbances 
that severely impact their functioning. Low-income children, those the 
SCHIP program is designed to cover, have the highest rates of mental 
health problems.
  Yet the sad reality is that an estimated \2/3\ of all young people 
struggling with mental health disorders do not receive the care they 
need. We are failing our children when we do not provide appropriate 
treatment of mental health disorders. The consequences of this failure 
could not be more severe. Without early and effective intervention, 
affected children are less likely to do well in school and more likely 
to have compromised employment and earnings opportunities. Moreover, 
untreated mental illness may increase a child's risk of coming into 
contact with the juvenile justice system. Finally, children with mental 
disorders are at a much higher risk for suicide.
  Unfortunately, many states' SCHIP programs are not providing the type 
of mental health care coverage that our most vulnerable children 
deserve. Many States impose discriminatory limits on mental health care 
coverage that do not apply to medical and surgical care. These can 
include caps on coverage of inpatient days and outpatient visits, as 
well as cost and testing restrictions that impair the ability of our 
physicians to make the best judgments for our kids.
  The Children's Mental Health Parity Act would prohibit discriminatory 
limits on mental health care in SCHIP plans by directing that any 
financial requirements or treatment limitations that apply to mental 
health or substance abuse services must be no more restrictive than the 
financial requirements or treatment limits that apply to other medical 
services. This bill would also eliminate a harmful provision in current 
law that authorizes states to lower the amount of mental health 
coverage they provide to children to just 75 percent of the coverage 
provided in other health care plans used by states.
  Many of the leading advocacy groups have endorsed the Children's 
Mental Health Parity Act, including Mental Health America, the American 
Academy of Child & Adolescent Psychiatry, the Bazelon Center for Mental 
Health Law, Fight Crime: Invest in Kids, The National Association for 
Children's Behavioral Health, the National Association of Psychiatric 
Health Systems, and the National Council for Community Behavioral 
Health care.
  America's kids who are covered through SCHIP should be guaranteed 
that the mental health benefits they receive are just as comprehensive 
as those for medical and surgical care. It is no less important to care 
for our kids' mental health, and this unfair and unwise disparity 
should no longer be acceptable. As we debate many important features of 
the SCHIP program during reauthorization, I look forward to working 
with colleagues on both sides of the aisle to see that this important, 
bipartisan measure receives the support that it deserves.
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