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A Verdict Overturned: Are We at Our Wit's End?
1PLAKUN: Medical Director/CEO, The Austen Riggs Center, Stockbridge, MA; and Founder, American Psychiatric Association Psychotherapy Caucus, Washington, DC.
Journal of Psychiatric Practice
|July 7, 2022
Summary
Despite the Mental Health Parity Act, psychotherapy access via insurance remains limited. A recent court decision overturning a landmark verdict may hinder progress, but legal efforts continue to ensure mental health parity law implementation.
Area of Science:
- Health Law
- Mental Health Policy
- Insurance Law
Background:
- The Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008 aimed to improve mental health coverage.
- Despite the MHPAEA, access to psychotherapy through health insurance remains significantly restricted.
- The 2019 Wit v. United Behavioral Health verdict was a landmark ruling intended to enhance mental health parity.
Purpose of the Study:
- To analyze the recent overturning of the Wit v. United Behavioral Health verdict.
- To examine the legal strategies being pursued to challenge this reversal.
- To discuss the implications for the implementation of mental health parity laws.
Main Methods:
- Analysis of legal proceedings and court decisions related to Wit v. United Behavioral Health.
- Review of arguments presented by plaintiffs' attorneys.
- Examination of the potential impact on mental health parity law enforcement.
Main Results:
- The landmark Wit v. United Behavioral Health verdict has been overturned.
- Plaintiffs' attorneys are seeking a review by the full Ninth Circuit Court of Appeals.
- The decision's basis appears to stem from a misinterpretation of case arguments.
Conclusions:
- The overturning of the Wit verdict presents a setback for mental health parity.
- Continued legal action is crucial for enforcing mental health insurance laws.
- Further steps are needed to ensure effective implementation of the MHPAEA.
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