Mental health remedies sought

California updated its parity laws in 2020, but patients and advocates say insurance, treatment lagging

Despite several federal and state laws passed in the last few decades to make sure health insurance companies are covering physical and mental health the same, many are still not getting the mental health treatment they need. Now, Santa Clara County wants to join the fight for mental health parity.

As recent as 2020, state lawmakers tried to bolster California's Mental Health Parity Act, which was first passed in 1999. The most recent iteration, led by Sen. Scott Wiener (D-San Francisco), expanded the types of medically necessary treatments and mental illnesses — including substance use issues — that health insurance companies would have to cover. The previous law only covered treatment for nine serious mental illnesses.

Despite the bold promises though, patients are still slipping through the cracks, as noted by mental health advocates who in a May letter to the state's Department of Managed Health Care questioned whether the agency was enforcing the new law.

“This is a health care issue plain and simple,” Santa Clara County Supervisor Joe Simitian said. “If somebody shows up with a broken arm, their insurance covers it. If somebody shows up with a need for mental health care, there should be no question about the fact that they're going to get the help they need. Regrettably, that is not the case today. It's long past time to get serious about this.”

Earlier this month, Simitian and Supervisor Cindy Chavez introduced a referral asking the county to wade into the issue — whether that be through sponsoring state legislation or taking legal action to hold insurance companies accountable. The county has gone to court over public health issues before, suing paint manu