This is the accessible text file for GAO report number GAO-12-761R entitled 'Mental Health and Substance Use: Treatment Exclusions in Employers' Health Insurance Coverage' which was released on May 31, 2012. This text file was formatted by the U.S. Government Accountability Office (GAO) to be accessible to users with visual impairments, as part of a longer term project to improve GAO products' accessibility. Every attempt has been made to maintain the structural and data integrity of the original printed product. Accessibility features, such as text descriptions of tables, consecutively numbered footnotes placed at the end of the file, and the text of agency comment letters, are provided but may not exactly duplicate the presentation or format of the printed version. The portable document format (PDF) file is an exact electronic replica of the printed version. We welcome your feedback. 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GAO-12-761R: United States Government Accountability Office: Washington, DC 20548: May 31, 2012: The Honorable George Miller: Ranking Member: Committee on Education and the Workforce: House of Representatives: Subject: Mental Health and Substance Use: Treatment Exclusions in Employers' Health Insurance Coverage: Dear Mr. Miller: On November 30, 2011, we issued a report entitled Mental Health and Substance Use: Employers' Insurance Coverage Maintained or Enhanced Since Parity Act, but Effect of Coverage on Enrollees Varied.[Footnote 1] The report was written to fulfill a mandate in the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) that required us to examine trends in coverage for mental health conditions and substance use disorders (MH/SU).[Footnote 2] As a follow-up to the report, you asked us to provide additional information about plans' treatment exclusions for MH/SU.[Footnote 3] The information about treatment exclusions for MH/SU was based on survey data that we collected for our report to determine the extent to which employers covered MH/SU during the plan year in effect at the time of our survey--either 2011 or 2010--and in 2008. We surveyed a stratified random sample of small, medium, large, and very large employers about their most popular health plans for either the 2011 or 2010 plan year, as well as for 2008. We fielded our web-based survey between May 18, 2011, and July 1, 2011, to 707 employers, selected from the sampling frame we developed using the Lexis Nexis corporate database.[Footnote 4] We received usable responses from 168 employers, after following up with nonrespondents to encourage their participation, for a 24 percent response rate. All 168 employers offered coverage of mental health conditions, substance use disorders, or both, in either the 2011 or 2010 plan year, 2008 plan year, or both plan years. Given our overall response rate of 24 percent, our survey results are not generalizable. Rather, the survey responses provide information limited to responding employers' coverage of MH/SU in the 2011 or 2010 plan year and 2008 plan year. We did not verify the accuracy of the employers' responses or assess compliance with MHPAEA. We conducted our work in December 2011 and April and May 2012 in accordance with all sections of GAO's Quality Assurance Framework that are relevant to our objectives. The framework requires that we plan and perform the engagement to obtain sufficient and appropriate evidence to meet our stated objectives and to discuss any limitations in our work. We believe that the information and data obtained, and the analysis conducted, provide a reasonable basis for any findings and conclusions. In summary, table 1 provides the incidence of treatment exclusions for MH/SU for the 2011 or 2010 plan year and the 2008 plan year for employers that responded to our survey. In total, for the 2011 or 2010 plan year, of the 96 employers that responded to our question about whether their most popular plan excluded coverage for any specific treatments related to MH/SU, 39 employers reported excluding a treatment. In comparison, for the 2008 plan year, of the 81 employers that responded to our question about whether their most popular excluded coverage for any specific treatments related to MH/SU, 27 employers reported excluding a treatment. The enclosure provides details on the treatment exclusions summarized in table 1. Table 1: The Incidence of Plan Treatment Exclusions for Mental Health Conditions and Substance Use Disorders Among Survey Respondents: Treatment exclusion: Alcoholism; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 3; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 11.1%. Treatment exclusion: Attention deficit disorder; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 0; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 0.0%. Treatment exclusion: Autism; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 4; 2008[B]: 2; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 10.3%; 2008[B]: 7.4%. Treatment exclusion: Behavioral disorders/problems/ delays/counseling/health/training/services; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 12; 2008[B]: 3; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 30.8%; 2008[B]: 11.1%. Treatment exclusion: Bioenergetic therapy; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 3.7%. Treatment exclusion: Biofeedback; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 4; 2008[B]: 2; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 10.3%; 2008[B]: 7.4%. Treatment exclusion: Borderline intellectual functioning; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 5; 2008[B]: 4; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 12.8%; 2008[B]: 14.8%. Treatment exclusion: Conditions not in the Diagnostic and Statistical Manual; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 3; 2008[B]: 5; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 7.7%; 2008[B]: 18.5%. Treatment exclusion: Conduct/impulse disorders; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 3; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 11.1%. Treatment exclusion: Court-ordered treatments/treatments for the incarcerated; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 11; 2008[B]: 9; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 28.2%; 2008[B]: 33.3%. Treatment exclusion: Custodial services; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 10; 2008[B]: 5; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 25.6%; 2008[B]: 18.5%. Treatment exclusion: Developmental disorder/disabilities/delays; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 10; 2008[B]: 6; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 25.6%; 2008[B]: 22.2%. Treatment exclusion: Developmental reading, arithmetic, and language disorders; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 5; 2008[B]: 4; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 12.8%; 2008[B]: 14.8%. Treatment exclusion: Educational testing; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 3.7%. Treatment exclusion: Experimental/investigational; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 3; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 7.7%; 2008[B]: 3.7%. Treatment exclusion: Feeding disorders; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 0; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 0.0%. Treatment exclusion: Hypnosis; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 5; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 12.8%; 2008[B]: 3.7%. Treatment exclusion: I.Q. testing; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 5; 2008[B]: 4; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 12.8%; 2008[B]: 14.8%. Treatment exclusion: Learning disabilities; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 9; 2008[B]: 5; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 23.1%; 2008[B]: 18.5%. Treatment exclusion: Marital therapy/counseling; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 4; 2008[B]: 4; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 10.3%; 2008[B]: 14.8%. Treatment exclusion: Mental retardation; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 7; 2008[B]: 3; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 18.0%; 2008[B]: 11.1%. Treatment exclusion: Organic mental disorders; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 6; 2008[B]: 5; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 15.4%; 2008[B]: 18.5%. Treatment exclusion: Primal therapy; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 3.7%. Treatment exclusion: Psychological testing; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 6; 2008[B]: 4; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 15.4%; 2008[B]: 14.8%. Treatment exclusion: Residential treatment facility; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 6; 2008[B]: 3; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 15.4%; 2008[B]: 11.1%. Treatment exclusion: Rolfing/structural integration; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 3.7%. Treatment exclusion: Sex change/transsexual surgery; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 7; 2008[B]: 2; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 18.0%; 2008[B]: 7.4%. Treatment exclusion: Sex counseling; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 2; 2008[B]: 2; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 5.1%; 2008[B]: 7.4%. Treatment exclusion: Sexual dysfunction/deviation; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 9; 2008[B]: 2; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 23.1%; 2008[B]: 7.4%. Treatment exclusion: Sleep disorders/insomnia; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 3; 2008[B]: 3; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 7.7%; 2008[B]: 11.1%. Treatment exclusion: Smoking cessation/tobacco addiction; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 8; 2008[B]: 2; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 20.5%; 2008[B]: 7.4%. Treatment exclusion: Special education; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 4; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 10.3%; 2008[B]: 3.7%. Treatment exclusion: V-code; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 3; 2008[B]: 1; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 7.7%; 2008[B]: 3.7%. Treatment exclusion: Vocational/religious (pastoral) counseling; Number of times a treatment was listed as an exclusion: 2011 or 2010[A]: 12; 2008[B]: 5; Percent of plans that excluded a treatment (based on number of plans in each year where employer indicated a treatment was excluded): 2011 or 2010[A]: 30.8%; 2008[B]: 18.5%. Source: GAO analysis of employers' survey responses on health insurance coverage. Note: The list of treatment exclusions was determined based on the responses provided to us by employers in our survey for the employers' most popular plan in the plan year in effect at the time of our survey (2011 or 2010) and the 2008 plan year. [A] For the 2011 or 2010 plan year, of the 96 employers that responded to the question about whether their most popular health plan excluded coverage for any specific treatments related to MH/SU, 39 employers reported excluding a treatment. [B] For the 2008 plan year, of the 81 employers that responded to the question about whether their most popular health plan excluded coverage for any specific treatments related to MH/SU, 27 employers reported excluding a treatment. [End of table] The report will be available at no charge on our website at [hyperlink, http://www.gao.gov]. If you or your staff have any questions about this information, please contact me at (202) 512-7114 or dickenj@gao.gov. Jennifer Grover, Assistant Director, and Elizabeth Conklin also made key contributions to this product. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. Sincerely yours, Signed by: John E. Dicken: Director, Health Care: Enclosure: [End of section] Enclosure: Details of Plan Treatment Exclusions for Mental Health Conditions and Substance Use Disorders: This enclosure provides the specific language regarding treatment exclusions for mental health conditions and substance use disorders for the 2011 or 2010 plan year and the 2008 plan year for employers who responded to our survey. When specific language for a treatment exclusion was used by more than one plan, the enclosure table provides information about the number of plans that used the language. The enclosure table provides details of the treatment exclusions summarized in table 1. Table 2: Details of Plan Treatment Exclusions for Mental Health Conditions and Substance Use Disorders Among Survey Respondents: Treatment exclusion: Alcoholism; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Alcohol and/or Substance Abuse treatments are not considered mental health benefits; * Alcohol. Services or supplies furnished for diagnosis or treatment of alcoholism, controlled substance abuse, chemical dependency, tobacco addiction, or codependency treatment for any of the above except as provided in the Schedule of Benefits; Details of responses on treatment exclusions: 2008 Plan Year: * Alcohol and/or Substance Abuse treatments are not considered mental health benefits; * Services or supplies furnished for diagnosis or treatment of alcoholism, controlled substance abuse, chemical dependency, tobacco addiction, or codependency treatment for any of the above except as provided in the Schedule of Benefits; * For Acute Care, rehabilitative care, or diagnostic testing or evaluation of Mental or Nervous Conditions, Alcoholism, Substance Abuse or Addiction, or for Pain Rehabilitation, except as specified as a Covered Service in this Plan. Treatment exclusion: Attention deficit disorder; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Charges for education, learning disabilities, job training, behavioral problems or attention deficit disorders whether or not provided by a facility that also provides medical or psychiatric treatment; * For any care that extends beyond traditional medical management for autistic disease of childhood, Pervasive Development Disorders, Attention Deficit Disorder, learning disabilities, behavioral problems, or mental retardation; Details of responses on treatment exclusions: 2008 Plan Year: * None. Treatment exclusion: Autism; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * For any care that extends beyond traditional medical management for autistic disease of childhood, Pervasive Development Disorders, Attention Deficit Disorder, learning disabilities, behavioral problems, or mental retardation; * Expenses for nonmedical ancillary services and treatment related to learning disabilities, developmental delays, autism, or mental retardation; * Intensive behavioral therapy for treatment of autism spectrum disorders; Details of responses on treatment exclusions: 2008 Plan Year: * Autism and Other Pervasive Developmental Disorders (PDD); * Expenses for nonmedical ancillary services and treatment related to learning disabilities, developmental delays, autism, or mental retardation. Treatment exclusion: Behavioral disorders/problems/delays/ counseling/health/training/services; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Special education, school testing or evaluations, counseling, therapy or care for learning deficiencies or behavioral problems; * Educational services and treatment of behavioral disorders, together with services for remedial education including evaluation or treatment of learning disabilities, minimal brain dysfunction, developmental and learning disorders, behavioral training, and cognitive rehabilitation. This includes services, treatment, or educational testing and training related to behavioral (conduct) problems, learning disabilities, or developmental delays; * Educational/behavioral services that are focused on primarily building skills and capabilities in communication, social interaction, and learning; * Behavioral problems and learning disabilities. Charges for education, learning disabilities, job training, behavioral problems, or attention deficit disorders whether or not provided by a facility that also provides medical or psychiatric treatment; * Nonmedical counseling or ancillary services, including, but not limited to, Custodial Services, education, training, vocational rehabilitation, behavioral training, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to- work services, work hardening programs, driving safety, and services training, educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * Services and supplies which are rendered in connection with mental illnesses not classified in the International Classification of diseases of the U.S. Department of Health and Human Services; or extended beyond the period necessary for evaluation and diagnosis of learning and behavioral disabilities or for mental retardation. (Two plans used this language); * For any care that extends beyond traditional medical management for autistic disease of childhood, Pervasive Development Disorders, Attention Deficit Disorder, learning disabilities, behavioral problems, or mental retardation; * Behavioral training and services, educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, or mental retardation are also excluded except as specified in the Severe Mental Illness of a Member of any Age and Serious Emotional Disturbances of a Child section of Section IV; * Treatment of behavioral disorders; * Behavioral counseling; * Treatment for behavioral health conditions. Details of responses on treatment exclusions: 2008 Plan Year: * Special education, school testing or evaluations, counseling, therapy or care for learning deficiencies or behavioral problems; * Service or care related to the educational treatment of behavioral disorders; * Services and supplies which are rendered in connection with mental illnesses not classified in the International Classification of Diseases of the U.S. Department of Health and Human Services or extended beyond the period necessary for evaluation and diagnosis of learning and behavioral disabilities or for mental retardation. Treatment exclusion: Bioenergetic therapy; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Therapies that do not meet national standards for mental health professional practice, including but not unlimited to, Erhard/The Forum, primal therapy, rolfing, sensitivity training, bioenergetic therapy, or crystal healing therapy; * Treatment modalities that have not been incorporated into the commonly accepted therapeutic repertoire as determined by broad-based professional consensus, such as primal therapy, rolfing or structural integration, bioenergetic therapy, and obesity control therapy; Details of responses on treatment exclusions: 2008 Plan Year: * Therapies that do not meet national standards for mental health professional practice, including but not limited to, Erhard/The Forum, primal therapy, rolfing, sensitivity training, bioenergetic therapy, or crystal healing therapy. Treatment exclusion: Biofeedback; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, behavioral training, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to- work services, work hardening programs, driving safety, and services training, educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * Nonmedical counseling or ancillary services including but not limited to, Custodial Services, education, training, vocational rehabilitation, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to-work services, work hardening programs, and driving safety; * Biofeedback. (Two plans used this language); Details of responses on treatment exclusions: 2008 Plan Year: * Biofeedback. (Two plans used this language). Treatment exclusion: Borderline intellectual functioning; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Counseling for borderline intellectual functioning. (Five plans used this language); Details of responses on treatment exclusions: 2008 Plan Year: * Counseling for borderline intellectual functioning. (Four plans used this language). Treatment exclusion: "Conditions not in the Diagnostic and Statistical Manual"; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Services performed in connection with conditions not classified in the current edition of the Diagnostic and Statistical Manual of the American Psychiatric Association. (Three plans used this language); Details of responses on treatment exclusions: 2008 Plan Year: * Services performed in connection with conditions not classified in the current edition of the Diagnostic and Statistical Manual of the American Psychiatric Association. (Three plans used this language); * Conditions which (the plan) determines to lack a recognizable III-R classification in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association; * Treatment of any condition categorized as an Axis II condition under the then current Diagnostic and Statistical Manual of the American Psychiatric Association without any clinical likelihood of improvement, except for acute exacerbations of the condition. Treatment exclusion: Conduct/impulse disorders; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Educational services and treatment of behavioral disorders, together with services for remedial education including evaluation or treatment of learning disabilities, minimal brain dysfunction, developmental and learning disorders, behavioral training, and cognitive rehabilitation. This includes services, treatment, or educational testing and training related to behavioral (conduct) problems, learning disabilities, or developmental delays; * Treatments for the primary diagnoses of learning disabilities, conduct and impulse control disorders, personality disorders, and paraphilias; Details of responses on treatment exclusions: 2008 Plan Year: * Treatment for conduct and impulse control disorders, personality disorders, paraphilias, and other Mental Illnesses that will not substantially improve beyond the current level of functioning, or that are not subject to favorable modification or management according to prevailing national standards of clinical practice, as reasonably determined by the Mental Health/Substance Abuse Designee. (Three plans used this language). Treatment exclusion: Court-ordered treatments/treatments for the incarcerated; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Court-ordered evaluation or treatment, or treatment that is a condition of parole or probation or in lieu of sentencing, such as psychiatric evaluation or therapy; * Treatment provided in connection with services for individuals who are presently incarcerated, confined, or committed to a local correctional facility or prison, or a custodial facility for youth operated by the office of children and family services, unless authorized by the Mental Health/Substance Use Disorder Designee; * Any court-ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole, probation, or custody or visitation evaluations unless Medically Necessary and otherwise covered under this policy or agreement. (Five plans used this language); * Court-ordered psychiatric or substance abuse treatment except when certified by (the plan) as medically necessary; * Court-ordered behavioral health services; * Court-ordered examinations and treatment, unless Medically Necessary; * Court-ordered testing and/or evaluation; Details of responses on treatment exclusions: 2008 Plan Year: * Court-mandated treatment or treatment that is a condition of parole or probation or in lieu of sentencing; * Any court-ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole, probation, or custody or visitation evaluations unless Medically Necessary and otherwise covered under this policy or agreement. (Four plans used this language); * Charges for services, treatment, or care of any kind of Chemical Dependency if the participant is convicted in any court of law and is required by the court, or arranges in lieu of conviction, to undergo care or treatment as an alternative to, or in addition to, a fine or imprisonment; * Court-ordered psychiatric or substance abuse treatment except when certified by (the plan) as medically necessary; * Counseling, studies, services, or confinements ordered by a court or law enforcement officer that are not determined to be medically necessary by the Plan Administrator or its designee; * Court-ordered behavioral health services. Treatment exclusion: Custodial services; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Treatment provided in connection with services for individuals who are presently incarcerated, confined, or committed to a local correctional facility or prison, or a custodial facility for youth operated by the office of children and family services, unless authorized by the Mental Health/Substance Use Disorder Designee; * Custodial care, including but not limited to, geriatric day care. (Four plans use this language); * Custodial care. (Two plans use this language); * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, behavioral training, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to- work services, work hardening programs, driving safety, and services training, educational therapy, or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to-work services, work hardening programs, and driving safety; * Custodial or domiciliary care; Details of responses on treatment exclusions: 2008 Plan Year: * Custodial care, including but not limited to, geriatric day care. (Three plans used this language); * Custodial care; * Custodial or domiciliary care. Treatment exclusion: Developmental disorder/disabilities/delays; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Learning disabilities and developmental delays; * Developmental disorders, including but not limited to, developmental reading disorders, developmental arithmetic disorders, developmental language disorders, or developmental articulation disorders. (Five plans use this language); * Educational services and treatment of behavioral disorders, together with services for remedial education including evaluation or treatment of learning disabilities, minimal brain dysfunction, developmental and learning disorders, behavioral training, and cognitive rehabilitation. This includes services, treatment, or educational testing and training related to behavioral (conduct) problems, learning disabilities, or developmental delays; * Educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; Details of responses on treatment exclusions: 2008 Plan Year: * Developmental disorders, including but not limited to, developmental reading disorders, developmental arithmetic disorders, developmental language disorders, or developmental articulation disorders. (Four plans used this language); * Autism and Other Pervasive Developmental Disorders (PDD); * Expenses for nonmedical ancillary services and treatment related to learning disabilities, developmental delays, autism, or mental retardation. Treatment exclusion: Developmental reading, arithmetic, and language disorders; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Developmental disorders, including but not limited to, developmental reading disorders, developmental arithmetic disorders, developmental language disorders, or developmental articulation disorders. (Five plans use this language); Details of responses on treatment exclusions: 2008 Plan Year: * Developmental disorders, including but not limited to, developmental reading disorders, developmental arithmetic disorders, developmental language disorders, or developmental articulation disorders. (Four plans used this language). Treatment exclusion: Educational testing; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Learning disabilities and developmental delays. Those for or related to services, treatment, educational testing, or training related to learning disabilities or developmental delays; * Educational services and treatment of behavioral disorders, together with services for remedial education, including evaluation or treatment of learning disabilities, minimal brain dysfunction, developmental and learning disorders, behavioral training, and cognitive rehabilitation. This includes services, treatment, or educational testing and training related to behavioral (conduct) problems, learning disabilities, or developmental delays; Details of responses on treatment exclusions: 2008 Plan Year: * Academic or educational testing, counseling. Treatment exclusion: Experimental/investigational; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Experimental or Investigational Care, as determined by (the plan), including any charges for related services or supplies furnished in connection with Experimental or Investigational Care; * Experimental or investigational therapies; Details of responses on treatment exclusions: 2008 Plan Year: * Experimental or investigational therapies. Treatment exclusion: Feeding disorders; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Mental Health Services as treatment for a primary diagnosis of insomnia and other sleep disorders, sexual dysfunction disorders, feeding disorders, neurological disorders, and other disorders with a known physical basis; * Psychotherapy or counseling services for feeding and eating disorder in early childhood and infancy, tic disorder, except for Tourette disorder, elimination disorder, mental disorder due to general medical condition, sexual function disorder, sleep disorder, medication- induced movement disorder, and nicotine dependence unless specifically covered in the contract; Details of responses on treatment exclusions: 2008 Plan Year: * None. Treatment exclusion: Hypnosis; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, behavioral training, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to- work services, work hardening programs, driving safety, and services training, educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to-work services, work hardening programs, and driving safety; * Hypnosis or regressive hypnotic techniques; * Treatment of nicotine habit or addiction, including but not limited to, nicotine patches, hypnosis, smoking cessation classes, or tapes; * Hypnosis; Details of responses on treatment exclusions: 2008 Plan Year: * Hypnosis. Treatment exclusion: I.Q. testing; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * I.Q. testing. (Five plans used this language); Details of responses on treatment exclusions: 2008 Plan Year: * I.Q. testing. (Four plans used this language). Treatment exclusion: Learning disabilities; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Learning disabilities and developmental delays; * Educational rehabilitation or treatment of learning disabilities, regardless of the setting in which such services are provided; * Educational services and treatment of behavioral disorders, together with services for remedial education, including evaluation or treatment of learning disabilities, minimal brain dysfunction, developmental and learning disorders, behavioral training, and cognitive rehabilitation. This includes services, treatment, or educational testing and training related to behavioral (conduct) problems, learning disabilities, or developmental delays; * Treatment for the primary diagnoses of learning disabilities, conduct and impulse control disorders, personality disorders, and paraphilias; * Behavioral problems and learning disabilities. Charges for education, learning disabilities, job training, behavioral problems or attention deficit disorders whether or not provided by a facility that also provides medical or psychiatric treatment; * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, behavioral training, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to- work services, work hardening programs, driving safety, and services, training, educational therapy, or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * For any care that extends beyond traditional medical management for autistic disease of childhood, Pervasive Development Disorders, Attention Deficit Disorder, learning disabilities, behavioral problems, or mental retardation; * Behavioral training and services, educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, or mental retardation are also excluded except as specified in the Severe Mental Illness of a Member of any Age and Serious Emotional Disturbances of a Child section of Section IV; * Expenses for nonmedical ancillary services and treatment related to learning disabilities; Details of responses on treatment exclusions: 2008 Plan Year: * Charges for education, learning disabilities, job training, behavior problems, or attention deficit disorders whether or not provided by a facility that also provides medical or Psychiatric treatment. * Conditions related to behavior problems or learning disabilities, except as may be required by law with respect to the treatment of biologically-based mental illness; * Educational rehabilitation or treatment of learning disabilities, regardless of the setting in which such services are provided; * Service or care related to the educational treatment of behavioral disorders together with services for remedial education, including learning disabilities, minimal brain dysfunction, development and learning disorders, behavioral training, and cognitive rehabilitation; * Social adjustment counseling, expenses for nonmedical ancillary services and treatment related to learning disabilities, developmental delays, autism, or mental retardation. Treatment exclusion: Marital therapy/counseling; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Marriage therapy. (Two plans used this language); * Marriage counseling; * Marriage and family counseling without a behavioral health diagnosis; Details of responses on treatment exclusions: 2008 Plan Year: * Marital counseling, relationship counseling, family counseling except as described in this Summary Plan Document, or other similar counseling or training services; * Marital therapy; * Marriage counseling; * Marital counseling. Treatment exclusion: Mental retardation; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Nonmedical counseling or ancillary services, including but not limited to, Custodial Services, education, training, vocational rehabilitation, behavioral training, biofeedback, neurofeedback, hypnosis, sleep therapy, employment counseling, back school, return-to- work services, work hardening programs, driving safety, and services, training, educational therapy, or other nonmedical ancillary services for learning disabilities, developmental delays, autism, or mental retardation; * Services and supplies which are rendered in connection with mental illnesses not classified in the International Classification of diseases of the U.S. Department of Health and Human Services; or extended beyond the period necessary for evaluation and diagnosis of learning and behavioral disabilities or for mental retardation. (Two plans used this language); * For any care that extends beyond traditional medical management for autistic disease of childhood, Pervasive Development Disorders, Attention Deficit Disorder, learning disabilities, behavioral problems, or mental retardation; * Behavioral training and services, educational therapy or other nonmedical ancillary services for learning disabilities, developmental delays, or mental retardation are also excluded except as specified in the Severe Mental Illness of a Member of any Age and Serious Emotional Disturbances of a Child section of Section IV; * Services related to mental retardation; * Expenses for nonmedical ancillary services and treatment related to learning disabilities, developmental delays, autism, or mental retardation; Details of responses on treatment exclusions: 2008 Plan Year: * Mental retardation or mental conditions that, according to generally accepted professional standards, are not amenable to favorable modification, except for initial evaluation, diagnosis, or crisis intervention; * Services and supplies which are rendered in connection with mental illnesses not classified in the International Classification of Diseases of the U.S. Department of Health and Human Services or extended beyond the period necessary for evaluation and diagnosis of learning and behavioral disabilities or for mental retardation; * Expenses for nonmedical ancillary services and treatment related to learning disabilities, developmental delays, autism, or mental retardation. Treatment exclusion: Organic mental disorders; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Treatment of disorders which have been diagnosed as organic mental disorders associated with permanent dysfunction of the brain. (Five plans used this language); * For treatment of sexual dysfunction not related to organic disease except for sexual dysfunction resulting from an injury; Details of responses on treatment exclusions: 2008 Plan Year: * Treatment of disorders which have been diagnosed as organic mental disorders associated with permanent dysfunction of the brain. (Four plans used this language); * Treatment of organic mental disorders associated with permanent dysfunction of the brain except for acute exacerbations of the condition. Treatment exclusion: Primal therapy; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Therapies that do not meet national standards for mental health professional practice, including but not limited to, Erhard/The Forum, primal therapy, rolfing, sensitivity training, bioenergetic therapy, or crystal healing therapy; * Treatment modalities that have not been incorporated into the commonly accepted therapeutic repertoire as determined by broad-based professional consensus, such as primal therapy, rolfing or structural integration, bioenergetic therapy, and obesity control therapy; Details of responses on treatment exclusions: 2008 Plan Year: * Therapies that do not meet national standards for mental health professional practice, including but not limited to, Erhard/The Forum, primal therapy, rolfing, sensitivity training, bioenergetic therapy, or crystal healing therapy. Treatment exclusion: Psychological testing; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Psychological testing when not medically necessary; * Psychological testing on children requested by or for a school system. (Two plans used this language); * Psychological testing, except when precertified as medically necessary by (the plan); * Psychological testing. (Two plans used this language); Details of responses on treatment exclusions: 2008 Plan Year: * Psychological testing when not medically necessary; * Psychological testing on children requested by or for a school system. (Two plans used this language); * Psychological testing, except when precertified as medically necessary by (the plan). Treatment exclusion: Residential treatment facility; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Residential Treatment Centers used for the treatment of any condition other than Alcoholism and/or Substance Abuse; * Mental Health Residential Treatment; * Covered services in a residential treatment facility, provided in a residential treatment facility, when the member fails to complete that phase of treatment; * Residential Care by a Residential Treatment Facility; * Necessary services such as vocational programs or employment counseling residential treatment program; * Covered expense does not include charges for inpatient or outpatient services rendered in a residential treatment facility; Details of responses on treatment exclusions: 2008 Plan Year: * Residential Treatment Centers used for the treatment of any condition other than Alcoholism and/or Substance Abuse; * Residential treatment services; * Covered expenses for residential treatment provided in a residential treatment facility when the total phase of treatment has not been completed by you. Treatment exclusion: Rolfing/structural integration; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Therapies that do not meet national standards for mental health professional practice, including but not limited to, Erhard/The Forum, primal therapy, rolfing, sensitivity training, bioenergetic therapy, or crystal healing therapy; * Treatment modalities that have not been incorporated into the commonly accepted therapeutic repertoire as determined by broad-based professional consensus, such as primal therapy, rolfing or structural integration, bioenergetic therapy, and obesity control therapy; Details of responses on treatment exclusions: 2008 Plan Year: * Therapies that do not meet national standards for mental health professional practice, including but not limited to, Erhard/The Forum, primal therapy, rolfing, sensitivity training, bioenergetic therapy, or crystal healing therapy. Treatment exclusion: Sex change/transsexual surgery; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Sex changes. Care, services, or treatment for noncongenital transsexualism, gender dysphoria, or sexual reassignment or change; * Transsexual surgery, including medical or psychological counseling and hormonal therapy in preparation for, or subsequent to, any such surgery; * For any treatment of either gender leading to or in connection with transsexual surgery, gender transformation, sexual dysfunction, or sexual inadequacy, including erectile dysfunction and/or impotence, even if related to a medical condition; * For any treatment leading to or in connection with transsexual surgery except for illness or injury resulting from such surgery; * Sex changes; * Transsexual surgery and related services; * Sex changes services, regardless of any diagnosis of gender role or psychosexual orientation problems; Details of responses on treatment exclusions: 2008 Plan Year: * Care, services, or treatment of transsexualism, gender dysphoria or sexual reassignment or change, including medications, implants, hormone therapy, surgery, medical, or psychiatric treatment; * For any treatment of either gender leading to or in connection with transsexual surgery, gender transformation, sexual dysfunction, or sexual inadequacy, including erectile dysfunction and/or impotence, even if related to a medical condition. Treatment exclusion: Sex counseling; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Treatment for codependency, or sex counseling; * Sex counseling; Details of responses on treatment exclusions: 2008 Plan Year: * Sex counseling. (Two plans used this language). Treatment exclusion: Sexual dysfunction/deviation; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Any services, supplies, medications, or drugs for the treatment of male or female sexual dysfunction such as, but not limited to, treatment of erectile dysfunction (including penile implants), anorgasmia, and premature ejaculation; * Mental Health Services as treatment for a primary diagnosis of insomnia and other sleep disorders, sexual dysfunction disorders, feeding disorders, neurological disorders, and other disorders with a known physical basis; * Services for sexual deviation and dysfunction; * For any treatment of either gender leading to or in connection with transsexual surgery, gender transformation, sexual dysfunction, or sexual inadequacy, including erectile dysfunction and/or impotence, even if related to a medical condition; * For treatment of sexual dysfunction not related to organic disease except for sexual dysfunction resulting from an injury; * Sexual function disorder; * Charges for treatment of sexual dysfunction except as stated; * Treatment of sexual dysfunction; * Your coverage does not include benefits for services for sex transformation or sexual dysfunction; Details of responses on treatment exclusions: 2008 Plan Year: * For any treatment of either gender leading to or in connection with transsexual surgery, gender transformation, sexual dysfunction, or sexual inadequacy, including erectile dysfunction and/or impotence, even if related to a medical condition; * Treatment of sexual dysfunction or inadequacies including therapy, supplies, or counseling. Treatment exclusion: Sleep disorders/insomnia; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Mental Health Services as treatment for a primary diagnosis of insomnia and other sleep disorders, sexual dysfunction disorders, feeding disorders, neurological disorders, and other disorders with a known physical basis; * Sleep disorders. (Two plans used this language); Details of responses on treatment exclusions: 2008 Plan Year: * Mental Health Services as treatment for insomnia and other sleep disorders, neurological disorders, and other disorders with a known physical basis. (Three plans used this language). Treatment exclusion: Smoking cessation/tobacco addiction; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Smoking cessation. Care and treatment for smoking cessation programs, including smoking deterrent products, unless medically necessary due to a severe active lung Illness such as emphysema or asthma; * Stand-alone multidisciplinary smoking cessation programs unless medically necessary as determined by us; * Services or supplies furnished for diagnosis or treatment of alcoholism, controlled substance abuse, chemical dependency, tobacco addiction, or codependency treatment for any of the above except as provided in the Schedule of Benefits; * Additionally, we will not cover any "V code" diagnoses except the following when medically necessary: parent-child relational problems for children 5 years of age or younger, neglect or abuse of a child for children 5 years of age or younger, and bereavement for children 5 years of age or younger, tobacco addiction treatment; * Smoking Cessation. (Two plans used this language); * Treatment of nicotine habit or addiction, including but not limited to, nicotine patches, hypnosis, smoking cessation classes, or tapes; * Your coverage does not include benefits for smoking cessation programs not affiliated with us; Details of responses on treatment exclusions: 2008 Plan Year: * Services or supplies furnished for diagnosis or treatment of alcoholism, controlled substance abuse, chemical dependency, tobacco addiction, or codependency treatment for any of the above except as provided in the Schedule of Benefits; * Smoking cessation. Treatment exclusion: Special education; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Special education, school testing or evaluations, counseling, therapy, or care for learning deficiencies or behavioral problems; * Special education, including lessons in sign language to instruct a member whose ability to speak has been lost or impaired, to function without that ability, are not covered; * Remedial or special education services. (Two plans use this language); Details of responses on treatment exclusions: 2008 Plan Year: * Special education, school testing or evaluations, counseling, therapy, or care for learning deficiencies or behavioral problems. This applies whether or not associated with manifest mental illness or other disturbances. Treatment exclusion: V-code; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Mental Health Services as treatments for V-code conditions as listed within the current edition of the Diagnostic and Statistical Manual of the American Psychiatric Association. (Two plans used this language); * Additionally, we will not cover any "V code" diagnoses except the following when medically necessary: parent-child relational problems for children 5 years of age or younger, neglect or abuse of a child for children 5 years of age or younger, and bereavement for children 5 years of age or younger, tobacco addiction treatment; Details of responses on treatment exclusions: 2008 Plan Year: * These include relational problems such as: parent-child conflicts; problems related to abuse or neglect when intervention is focused on the perpetrator; and situations not attributable to a diagnosable disorder, including bereavement, academic, occupational, religious, and spiritual problems. Treatment exclusion: Vocational/religious (pastoral) counseling; Details of responses on treatment exclusions: 2011 or 2010 Plan Year: * Vocational or religious counseling. (Six plans use this language); * Vocational rehabilitation. (Two plans used this language); * Vocational and recreational activities. (Two plans use this language); * Vocational and educational training and/or services; * Referral for nonmedically necessary services such as vocational programs or employment counseling residential treatment program; Details of responses on treatment exclusions: 2008 Plan Year: * Vocational or religious counseling. (Four plans used this language); * Conditions classified as V-codes in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. These include relational problems such as: parent-child conflicts; problems related to abuse or neglect when intervention is focused on the perpetrator; and situations not attributable to a diagnosable disorder, including bereavement, academic, occupational, religious, and spiritual problems. Source: GAO analysis of employers' survey responses on health insurance coverage. [End of table] [End of section] Footnotes: [1] See [hyperlink, http://www.gao.gov/products/GAO-12-63], Nov. 30, 2011. [2] Pub. L. No. 110-343, Div. C, Tit. V, Sub. B, § 512, 122 Stat. 3765, 3892 (Oct. 3, 2008). [3] This follow-up information was initially provided to you on December 16, 2011. [4] To develop our sampling frame, we used the Dossier function of the Lexis Nexis corporate database to select 32,431 U.S.-based companies on January 18, 2011. We selected privately held and publicly traded parent companies with between 51 to 100,000 employees that were headquartered in the United States. We drew our random sample of employers from this sampling frame. We excluded employers from our survey that had 50 or fewer employees because MHPAEA did not apply to them. [End of section] GAO’s Mission: The Government Accountability Office, the audit, evaluation, and investigative arm of Congress, exists to support Congress in meeting its constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations, and other assistance to help Congress make informed oversight, policy, and funding decisions. GAO’s commitment to good government is reflected in its core values of accountability, integrity, and reliability. Obtaining Copies of GAO Reports and Testimony: The fastest and easiest way to obtain copies of GAO documents at no cost is through GAO’s website [hyperlink, http://www.gao.gov]. 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