[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Pages 4889-4890]
[From the U.S. Government Publishing Office, www.gpo.gov]




 THE ``SENATOR PAUL WELLSTONE MENTAL HEALTH EQUITABLE TREATMENT ACT OF 
                                 2003''

                                 ______
                                 

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                      Thursday, February 27, 2003

  Mr. KENNEDY of Rhode Island. Mr. Speaker, despite the will of the 
American people, despite the will of bipartisan majorities in Congress, 
despite the insistence of the President of the United States and the 
maxims of decency, and fairness, a mental health parity bill has yet to 
be enacted.
  That is why, today, with Senators Domenici and Kennedy, and 
Congressman Jim Ramstad, I am again introducing the Senator Paul 
Wellstone Mental Health Equitable Treatment Act of 2003. This bill has 
been named in honor of the late Senator Paul Wellstone who fought hard 
for the cause of equal opportunity for all Americans.
  The Wellstone Parity Act is, at its core, a civil rights bill. It 
recognizes that the right to basic healthcare for millions of Americans 
continues to be violated due to lingering bigotry. It reflects the 
values on which this country was built, principles of inclusion and 
opportunity for all Americans.
  This bill will help tens of millions of our fellow countrymen and 
women who suffer from mental illnesses gain needed access to treatment. 
Treatment, which they currently are denied and have been for quite some 
time. This bill is based on parity provisions in the Federal Employee 
Health Benefit Plan (FEHBP), which Members of Congress, other federal 
employees, and their families already have.
  Specifically, it requires that group health plans, which choose to 
provide mental health benefits not impose any treatment limits or 
financial requirements for mental health care unless comparable 
treatment limits or financial requirements are imposed for physical 
health benefits.
  With that said, there has, unfortunately, been a lot of 
misinformation circulated with regards to this bill. Therefore, it is 
important that I clarify what this bill does not do.
  It does not require health plans to cover treatment of mental 
illnesses. It only applies if they choose to include mental health 
benefits.
  It does not prevent group health plans from managing benefits as a 
means to contain costs, and to monitor and improve the quality of care. 
In fact, it specifically protects insurers' right to apply management 
techniques.
  It does not mandate coverage of specific mental health services, nor 
does it allow endless ``Woody Allen-like'' psychoanalysis for every 
beneficiary. This bill unambiguously allows plans to make medical 
necessity determinations so that care can be provided judiciously.
  It does not require parity between two or more employer-sponsored 
benefits plans. It only requires parity within each individual plan.
  It does not require parity for out-of-network benefits, as long as 
in-network benefits are provided at parity and the plan provides 
reasonable access to in-network providers and facilities.
  Opponents of this bill will say it is too expensive and drives up the 
cost of healthcare. The data, however, show otherwise. The 
Congressional Budget Office (CBO) has projected that enactment of a 
parity bill of this kind would result in premium increases of only 
0.9%. The collective experience of many states that have passed parity 
laws, as well as the FEHBP, closely mirrors the CBO projections.
  In fact, the CBO estimate may be too high. The CBO projections did 
not take into account the billions of dollars of savings employers will

[[Page 4890]]

gain with reduced absenteeism, fewer disability claims, and lower 
general health services associated with untreated mental illnesses.
  The Senator Paul Wellstone Mental Health Equitable Treatment Act of 
2003 is not just an instrument to repeal the prohibition on Americans 
to gain access to affordable and needed mental health care; it is also 
a bill that addresses an ever-increasing public health crisis in our 
nation.
  Mental illness is our nation's second leading cause of morbidity and 
mortality. In the United States, severe mental illnesses are more 
common than cancer, diabetes or heart disease; one in four Americans 
will suffer from a serious mental disorder in their lifetime; more than 
51 million Americans suffer from a mental disorder in a year; 67% of 
elderly nursing home residents have a diagnosable mental illness; 67% 
of the population with AIDS will develop a neuropsychiatric disorder; 
more than ten million children suffer from a serious emotional disorder 
and more than 30,000 people commit suicide every year.
  Each of these statistics has a human face associated with it. Anna 
Westin of Chaska, Minnesota suffered from a serious eating disorder 
that required inpatient hospitalization. When her insurance company 
told her hospital that her mental health benefits had been exhausted, 
she was prematurely discharged and sent home. One month later, after 
receiving this inadequate medical care, she committed suicide. Anna is 
just one of many Americans victimized by the cruelty of medical 
discrimination.
  Discrimination is a discarded idea from the past. Yet, in certain 
sectors of our society it continues to thrive like a malignant cancer 
infecting and feeding off the soul of our nation. For the sake of our 
parents, our grandparents, our children, our neighbors, and ourselves, 
we must finally excise this cancer from our society.
  In the 19th century, famed novelist and poet Victor Hugo wrote: 
``There's one thing stronger than all the armies of the world: And that 
is an idea whose time has come.''
  The time for mental health parity has arrived. I want to thank my 
colleagues for the strong bipartisan support this legislation has 
received, and I look forward to finally removing this dreadful stain of 
discrimination that defiles the spirit of America.

                          ____________________