The Parity Act is a federal law, however, in some cases the state laws offer more protection and coverage for mental health and/or substance use issues. In these cases, the state law preempts federal law. To find out more about how the Parity Act is applicable in your state, please refer to the following links:
For state and local government employees: Nonfederal (state & local) government employers that provide self-funded group health plan coverage (coverage that is not provided through an insurer) are permitted to opt out from the federal MH/SUD parity requirements. An overview of this provision along with the most recently posted list of employers who have elected an exemption is available on the CMS website.
Table of state laws mandating or regulating mental health benefits. [National Conference of State Legislatures, updated February 2009, reposted with additions February 11, 2010.]
External Review Process by State from the Kaiser Family Foundation
State insurance commissioners oversee insured plans. For assistance from your State Insurance Department on how to file a complaint or grievance please click on the state name below. [Some states may have additional external resources posted below.] Directory of State Insurance Commissioners [For assistance with self-funded (ERISA) plans see links to Federal Resources.]