The long battle over mental health parity is heating up again, with the Biden Administration pushing for new regulations that would force insurers to prove that they are providing mental health care coverage comparable to other health coverage, and insurers protesting that such requirements will raise new costs and difficulties with compliance.

This is an old war: the first mental health parity law was passed in 1996, requiring that mental health coverage be roughly the same as medical health coverage. But carve-outs, exceptions, and cost-sharing policies gave insurers loopholes that reduced the effectiveness of the legislation—and new versions passed in 2008 and 2010 tried with limited success to close those loopholes and make mental parity a reality, rather than just a talking point.

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