Mental Health Parity Law: Know Your Insurance Rights

Many people pay more for mental health care than physical health care — longer waits for in-network providers, stricter session limits, higher cost-sharing. Often, this is illegal.

Federal law requires insurers to treat mental health benefits equally to medical benefits. Understanding this law gives you real leverage to fight for coverage you’re entitled to.

What the Mental Health Parity Law Requires

The Mental Health Parity and Addiction Equity Act (MHPAEA), strengthened by rules finalized in 2024, prohibits insurance plans from imposing:

• Higher copays for mental health visits than for comparable medical visits
• Stricter prior authorization requirements for mental health services
• Lower session limits for mental health care than for physical therapy or other medical services
• More restrictive network adequacy standards (meaning fewer in-network mental health providers than medical providers)

Who Is Covered?

Parity protections apply to most employer-sponsored health plans, individual and small group plans sold on or off the ACA marketplace, Medicaid managed care plans, and CHIP. They don’t apply to Medicare or very small employer plans.

How to Know If Your Plan Is Violating Parity

Compare your mental health benefits to your medical benefits in the same plan document:

• Is your therapy copay higher than your primary care copay?
• Does your plan require prior authorization for therapy but not for physical therapy?
• Is there a session limit on therapy but not on physical therapy?

If yes to any of these, your plan may be violating parity law.

How to File a Parity Complaint

• File with your state insurance commissioner — most states have parity enforcement authority
• File with the Department of Labor — for employer-sponsored plans at dol.gov/agencies/ebsa/about-ebsa/ask-a-question
• Contact the Kennedy Forum’s Parity Track — a nonprofit that tracks and helps enforce parity violations

Get Help

If you’re struggling to get mental health coverage through your plan, the nonprofit organization Mental Health America (mhanational.org) offers resources and advocacy support. Online therapy platforms like BetterHelp can also bridge the gap while you resolve insurance issues.