00                   HOUSE CONCURRENT RESOLUTION NO. 9                                                                    
01 Recognizing the need for parity in the provision of mental health and substance use                                     
02 disorder medical assistance benefits in the state; and urging the Department of Health to                               
03 adopt regulations that ensure parity in the provision of mental health and substance use                                
04 disorder medical assistance benefits in the state.                                                                      
05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06 WHEREAS the Paul Wellstone and Pete Domenici Mental Health Parity and                                                 
07 Addiction Equity Act of 2008 (MHPAEA) is a federal law that generally prevents group                                    
08 health plans and health insurance issuers that provide mental health or substance use disorder                          
09 benefits from imposing less favorable benefit limitations on those benefits than on medical or                          
10 surgical benefits; and                                                                                                  
11       WHEREAS at least 37 states have enacted mental health parity laws; and                                          
12       WHEREAS federal regulations contain an illustrative, nonexhaustive list of                                      
13 nonquantitative treatment limitations (NQTL) that serve as warning signs that a health plan or                          
14 health insurance issuer may be imposing an impermissible NQTL; and                                                      
15       WHEREAS state regulations include six NQTLs relating to the provision of mental                                 

01 health and substance use disorder benefits, including requiring service authorizations and                              
02 time-based treatment plans; and                                                                                         
03       WHEREAS those NQTLs cause long delays and create barriers for individuals                                       
04 seeking mental health and substance abuse treatment; and                                                                
05       WHEREAS state regulations relating to the provision of medical and surgical benefits                            
06 do not include the six NQTLs applicable to the provision of mental health and substance use                             
07 disorder benefits; and                                                                                                  
08       WHEREAS state regulations relating to the provision of medical and surgical benefits                            
09 consist of one page, while state regulations relating to the provision of mental health and                             
10 substance use disorder benefits consist of over 120 pages; and                                                          
11 WHEREAS an undue administrative burden is placed on providers of mental health                                        
12 and substance use disorder benefits, and the clients and patients of the providers, as a result of                      
13 the lack of parity in the provision of mental health and substance use disorder benefits; and                           
14 WHEREAS immediate access to outpatient and inpatient mental health and substance                                      
15 use disorder services is adversely compromised as a result of the lack of parity in the                                 
16 provision of mental health and substance use disorder benefits; and                                                     
17 WHEREAS whole-person, integrated physical and behavioral health care is                                               
18 recognized as best practice; and                                                                                        
19       WHEREAS the state's medical assistance plan is a fee-for-service plan; and                                      
20 WHEREAS a medical assistance plan that is a fee-for-service plan is not required to                                   
21 meet the requirements of the MHPAEA; and                                                                                
22 WHEREAS the Department of Health has the power to adopt regulations that ensure                                       
23 the state's medical assistance plan meets or exceeds the MHPAEA's parity requirements;                                  
24 BE IT RESOLVED that the Alaska State Legislature recognizes the need for parity in                                  
25 the provision of mental health and substance use disorder medical assistance benefits to                                
26 ensure that                                                                                                             
27            (1)  medical assistance benefit recipients have equitable access to care;                                    
28 (2)  care coordination among medical assistance physical health care providers                                          
29 and behavioral health care providers is streamlined;                                                                    
30 (3)  the provision of medical assistance benefits and services is efficient and                                         
31 cost-effective;                                                                                                         

01            (4)  the state and people in the state do not overuse emergency rooms and                                    
02 correctional facilities for behavioral health concerns; and                                                             
03            (5)  the state has a stable and effective behavioral health workforce; and be it                             
04 FURTHER RESOLVED that the Alaska State Legislature urges the Department of                                            
05 Health to adopt regulations that ensure parity for medical assistance providers and medical                             
06 assistance recipients in the provision of mental health and substance use disorder medical                              
07 assistance benefits and services in the state.