2010-12

Promoting Mental Health Treatment Parity in the Hispanic Population and Promoting Unrestricted Access to Mental Health Drugs

Senator Luz “Lucy” Arce Ferrer (PR)

Short Title:mental health treatment parity

WHEREAS, the National Hispanic Caucus of State Legislators (NHCSL) has a strong commitment towards equality in treatment of diseases and conditions; and

WHEREAS, statistics show that different racial and ethnic populations have markedly different experiences in the incidence, prevalence, mortality and burden of diseases; and

WHEREAS, Hispanic Americans are more likely to experience a mental disorder than their white counterparts, but are less likely to receive treatment (SAMSHA Surgeon General's Report).

WHEREAS, Culture biases against mental health professionals and health care professionals in general prevent many Hispanic Americans from accessing care due to prior experiences with historical misdiagnoses. Inadequate treatment and a lack of cultural understanding; only 2% of psychiatrists, 2% of psychologists and 4% of social workers in the U.S. are Hispanic. (NAMI)

WHEREAS,Hispanic Americans are more likely to be subject to a number of forces of oppression and discrimination which can increase trauma and vulnerability to mental health disorders

WHEREAS,More Hispanic Americans than whites or members of other racial and ethnic minority groups are homeless, incarcerated, or are children in foster care or otherwise supervised by the child welfare system.

WHEREAS, Limited English Proficiency (LEP) is a key barrier to accessing primary health care services for Hispanics in the U.S.

WHEREAS, mental illnesses if untreated bring about unhealthy behavior, non-compliance with prescribed medical regimens diminished immune functioning, and poor prognosis.

WHEREAS, equal benefits are in the interest of states’ public health, education, law enforcement and social services needs; and

WHEREAS,the emergence of clinically proven safe and effective mental health medications has significantly increased treatment options for patients; and

WHEREAS, mental health professionals have significantly improved the care of patients by utilizing mental health medications; and

WHEREAS, mental health treatment is something that has touched virtually everyone. Everyone has a family member, friend or co-worker who has been affected by mental illness; and

WHEREAS, that improving mental health benefits improves people’s lives and reduces health care costs by avoiding unnecessary, hospitalizations, controlling chronic physical diseases and reducing emergency room visits, improves productivity in the workplace, and reduces law enforcement problems; and

WHEREAS, local governments that are large employers, recognized that treatment for mental illnesses is effective and it can improve people’s lives and that this treatment is cost effective from an economic standpoint; and

WHEREAS,greater patient out-of-pocket costs create a barrier for mental health therapies covered under the pharmacy benefit of a health care plan; and

WHEREAS, the NHCSL does not support one medication over another, but supports the best option for the patient as well as a patient’s right to be informed and chose his or her treatment; and

NOW, THEREFORE, BE IT RESOLVED,that the NHCSL supports the elimination of cost barriers and health disparities for Hispanic Americans and minority populations with mental health illnesses to access mental health therapies; and

BE IT FURTHER RESOLVED,that the NHCSL supports patients being given the best medication given their health status and not their financial status, and recognizes that a doctor’s decision given the specifics of a given case need to reach the optimal solution for the patient; and

BE IT FURTHER RESOLVED,to make mental health a part of dialogue in primary care settings; and

BE IT FURTHER RESOLVED,that the NHCSL also calls upon state legislatures to expand the scope of efforts to reach Hispanic Americans and those providing healthcare services to the community with targeted programs on how best to prevent or manage mental illnesses; and

BE IT FURTHER RESOLVED,the NHCSL encourages each member to investigate legislation in their state that will seek to eliminate mental health patient payment inequities for mental health treatments; and

BE IT FINALLY RESOLVED,this legislation will include language that prior authorization or other restrictions NOT be placed on a drug that is classified as an anti-anxiety, anti-depressant, or anti-psychotic central nervous system prescribed for the treatment of a mental illness. A recipient enrolled in any healthcare plan – both private and public, shall have unrestricted access to a mental health drugs.

Sponsored By: Senator Luz Z. ArceFerrer (PR)

THIS RESOLUTION WAS ADOPTED BY NHCSL AND RATIFIED AT ITS ANNUAL MEETING HELD IN SAN ANTONIO, TEXAS NOVEMBER 13TH, 2010.