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plementing the federal parity law in their own states.154 However, to date
there is no record, database, or information clearinghouse describing the nature and resolution of enforcement actions throughout the country.155
A major parity battle is currently being fought in Connecticut, where advocates have urged the Connecticut Insurance Department to more strictly
enforce the MHPAEA and other insurance parity laws.156 In April 2013, the
APA filed a federal lawsuit against Anthem Health Plans and its parent
company Wellpoint, Inc., claiming the companies violated MHPAEA by
discriminating against mental health care patients.157 The complaint alleges
that Anthem has manipulated its billing codes158 such that its reimbursement rates and billing structure violate the parity law by imposing greater
burdens and expenses on mental health patients than those seeking nonmental health services.159 In September 2013, the APA filed an amended
complaint.160 Although the APA waited months to see if the Connecticut
Insurance Department or Anthem itself would correct the alleged parity violations, the APA found that neither the insurance department nor the provider took any steps to correct the problem.161
Similarly, the New York State Psychiatric Association filed a federal
class-action lawsuit against United Health Group in March 2013.162 The suit
alleges United applied prior authorization policies exclusively to MH/SU
services and imposed different financial requirements for mental health
benefits than medical/surgical benefits.163 The State Psychiatric Association
154. E.g., MASS. GEN. LAWS ANN. ch. 26, § 8K (West, Westlaw through Ch. 306 of the
2014 2nd Annual Sess.); MINN. STAT. ANN. § 62Q.47(d) (West, Westlaw through the end of
the 2014 Regular Sess.); NEV. REV. STAT. ANN. § 687B. 404 (West, Westlaw through end of
28th Special Sess. (2014)).
155. Weber, supra note 6, at 230.
156. Goodman, supra note 146, at 1.
157. Press Release, Am. Psychiatric Ass’n, Am. Psychiatric Ass’n and Others Seek
Court’s Intervention in Compelling Anthem and Wellpoint to End Alleged Discrimination
Against Mental Health Patients (Apr. 11, 2013) http://www.psychiatry.org/File%20Library
suit-against-Anthem.pdf [hereinafter Psychiatric Ass’n and Others].
158. See Knopf, supra note 143, at 11 (noting that the billing code manipulation required patients seeking mental health services to pay an inconvenient double co-pay).
159. Complaint and Request for Jury Trial at 34, Am. Psychiatric Ass’n v. Anthem
Health Plans, No. 3:13-CV-00494 ( D. Conn. Apr. 10, 2013); see Goodman, supra note 146.
160. Press Release, Am. Psychiatric Ass’n, Psychiatric Ass’n and Others, supra note
161. Press Release, Am. Psychiatric Ass’n, APA Files Amended Complaint Against
Anthem Health Plans (Sept. 2013), http://www.psychiatry.org/File%20Library/Advocacy%
162. Complaint and Demand for Jury Trial at 1, N.Y. State Psychiatric Ass’n, Inc. v.
United Health Grp., (S. D.N.Y Mar. 11, 2013) (No. 1:13-CV-1599) 2013 WL 870320 (
detailing United’s violations of the federal parity law).
163. Goodman, supra note 146, at 2.