Laws requiring mental health care to be on equal footing as physical care don't appear to be producing the intended effect. The number of beds available for psychiatric care patients has fallen to a record low.

A report by the Arlington, Virginia-based Treatment Advocacy Center, a nonprofit that pushes for greater investment in mental health, found that the number of beds in state hospitals had dropped 17 percent since 2010, from 43,318 to 37,559. And yet, says the report, the need for beds has "skyrocketed."

At 11.7 psychiatric beds per 100,000 residents, the United States has one of the lowest ratios of beds to people in the developed world. There are three times more psychiatric beds per capita in Germany, according to a report by the World Health Organization in 2014. In Denmark, there are nearly five times as many.

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Roughly half of the beds designated for mental health patients are occupied and in many cases reserved for the criminal justice system. That means there remain only about six beds per 100,000 residents for patients who have not been arrested or convicted.

"These beds represent the psychiatric equivalent of ICU patient beds," says John Snook, executive director of the Treatment Advocacy Center. "Their loss has been disastrous for our nation and those most in need."

Part of the decline in hospital beds is linked to a decades-long shift towards outpatient care for psychiatric patients, a trend that the center and other advocates are not necessarily opposed to. The problem, they say, is that the decline in beds has not been paired with the necessary increase in the availability of robust outpatient services.

The center points the finger in its report at policies that don't incentivize mental health care. Medicare reimbursement rates are inferior for psychiatric care than other care, it says. In addition, reimbursement models favor private hospitals, which make it hard for public hospitals to get the necessary funding to provide mental care to those in desperate need of psychiatric treatment.

The report applauds a recently-implemented federal Medicaid rule that partially repealed the "Institution for Mental Disease exclusion," which prohibited federal Medicaid funds from going to mental health providers with more than 16 beds. The rule was intended to prevent Medicaid from subsidizing state mental health initiatives.

The federal government recently put in place a three-year, $75 million pilot project in which ten states were allowed to direct Medicaid reimbursements to private psychiatric facilities. The project was recently reauthorized for another three years, although the money for the second round has not yet been approved. 

A congressional report suggested that the project helped the participating states provide care to more patients, but Rep. Tim Murphy, R-Pa., the chief backer of mental health legislation currently winding through Congress, told The Washington Post he's not convinced the change was a game-changer. 

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