Application of the Mental Health Parity and Addiction Equity Act to Medicaid MCOs, CHIP, and Alternative Benefit (Benchmark) Plans
This letter provides guidance on the applicability of the requirements under the Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA, Pub.L.
110-343)1, 2
to Medicaid non-managed care benchmark and benchmark-equivalent plans
(referred to in this letter as Medicaid Alternative Benefit plans) as described in section 1937 of
the Social Security Act (the Act), the Children’s Health Insurance Programs (CHIP) under title
XXI of the Act, and Medicaid managed care programs as described in section 1932 of the Act.
The Centers for Medicare & Medicaid Services (CMS) previously issued a State Health Official
(SHO) letter on November 4, 2009, concerning section 502 of the Children’s Health Insurance
Program Reauthorization Act of 2009 (CHIPRA, Pub.L. 111-3)3
. This letter issues new
guidance on the application of MHPAEA in Medicaid and expands upon the guidance for CHIP.
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: January 16, 2013
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.