State lawmakers promised Georgians that insurance companies would finally be forced to cover mental health care the same as physical health, passing a law in 2022 requiring it.
The law put Insurance Commissioner John King, a Republican candidate for U.S. Senate, in charge of enforcement. But lawmakers, mental health advocates and medical professionals say King hasn’t been ensuring insurance companies are complying.
State Rep. Todd Jones, who sponsored the bill, said the law has not been upheld as he had hoped.
“We are having massive issues, still, even three years later,” said Jones, a Republican from Forsyth County.
Key components of the law — including that the department display a submission portal for complaints prominently on its website — are not being enforced. And compliance reports show insurance companies are ignoring its mandate. Most frustratingly, advocates said, is that King has not met with them or raised awareness about the law.
“There are certain state officials that have not made this a public priority for their service to the people of Georgia, and that’s simply not acceptable,” said Jeff Breedlove with the Georgia Council for Recovery.
King has said he is committed to requiring insurance companies to comply with the law.
“We’re serious about holding them accountable, and I want to make progress,” he said.
But when asked when patients will start to see change in Georgia, King has said “we’re still a ways away” and “it is a long process.”
One mental health advocate said King’s job performance makes him question his fitness for higher office.
“While the responsibilities of a senator are broader and not directly equivalent, and any limitations in his current role aren’t necessarily disqualifying, King’s performance raises questions among voters about his readiness to take on a more expansive portfolio,” said Roland Behm, a mental health advocate who assisted legislators in drafting the law.
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
Breakdown in reports
The mental health law requires insurance companies to give equal treatment for mental and physical health care, so patients should have the same copays, deductibles and number of sessions for anxiety, depression or addiction as for illnesses of the rest of the body.
Three years later, King has continued to raise concerns about it, including about the potential costs to patients.
“Nothing’s free. All these calls … have to be passed on to the consumer or to the taxpayer,” he said.
Most Georgians still don’t know their rights under the new law or how to report violations, said Emily Acker, chair of the Georgia Alliance of Therapeutic Services, during a legislative meeting last August. For example, doctors and health care providers can also file complaints, not just patients. And the process to submit grievances can be cumbersome.
In 2024, only 13 unique complaints were reported to the state.
That data paints an incomplete picture, said Kim Jones, the executive director of the Georgia chapter of the National Alliance on Mental Illness. Her organization launched a separate platform three months ago where patients can report suspected violations of the law and has already received more than 100 complaints.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
The state needs to boost awareness among Georgians that insurance companies are supposed to be approving and paying for mental health claims, Breedlove said.
“There should be public service messages. There should be commercials on TV and on social media from insurance companies making sure that Georgia families know that these services are available to them,” he said.
Failure to comply
The law requires state agencies overseeing enforcement to have a dedicated portal for mental health complaints displayed prominently on their websites.
For those on Medicaid, the state health benefit plan or PeachCare for Kids, enforcement is overseen by the state Department of Community Health. The state Department of Insurance supervises private insurers.
DCH has a separate complaint portal; the insurance commissioner does not.
“DCH and (the Department of Behavioral Health and Developmental Disabilities) have gone above and beyond what any reasonable Georgian could ask, and they are working to save lives and strengthen families and communities,” Breedlove said. “That’s who is doing it the right way.”
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
There was enough concern about the agency’s role that a bipartisan group of lawmakers filed a bill this year that would add the insurance commissioner to the state Behavioral Health Coordinating Council and establish a panel to analyze reports from insurance companies, request additional data from insurers and develop educational messaging.
“It was strongly felt that the insurance commissioner needed to be a part of seeing what is being done and then finding ways that we could bridge together,” said state Rep. Katie Dempsey, a Republican from Rome and sponsor of the bill.
The bill passed the Georgia House of Representatives but stalled in the Senate. It is still available to be voted on next year.
Although it is King’s job to enforce the law, he said he still has concerns that forcing insurance companies to comply will be expensive for them.
“My job is to maintain a stable marketplace for insurance, so we ought to be respectful of that because nothing’s free. I’m not interested in throwing money (away) or beating up on the industry,” he said.
That perspective frustrated Breedlove.
“With all due respect, your job is to serve the people of Georgia,” he said.
‘Accountability begins at the top’
Credit: Miguel Martinez/AJC
Credit: Miguel Martinez/AJC
Three years into the law’s existence, more understanding and awareness are needed for it to be effective, advocates say.
“I hate to say this, given all the efforts gone into it, but I’m not sure that we would know that (the Mental Health Parity Act) was in effect, functionally, based on our experience before and after its enactment,” said Dr. Ben Hunter, medical director of professional services at Skyland Trail, a nonprofit mental health treatment program in Atlanta, during the legislative hearing last year.
Getting King to understand the law has been a challenge because he is not talking with mental health advocates or professionals, advocates said.
“We’ve requested meetings with him on several occasions and can’t seem to get him to meet,” Jones, of NAMI, said.
King’s office declined an interview to address these concerns, but Bryce Rawson, a spokesperson for King, said he is always open to meetings.
“We want advocates to come to us with solutions. Don’t just tell us what’s wrong. Tell us how we can do things better,” Rawson said.
The law itself, advocates said, was written clearly but needs enforcement. They hold King responsible.
“Accountability begins at the top,” Behm said. “I’d like to think Commissioner King agrees.”
Still, those who wrote and support the mental health law say it’s not too late for King to right the ship.
“There’s time right now to fix it, but the time is now,” Dempsey said. “Come to the table. Help us help Georgians.”
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