Congressman Higgins Announces Approval of the Mental Health Matters Act

Press Release

Date: Sept. 30, 2022

Congressman Brian Higgins (NY-26) announced the approval of the Mental Health Matters Act (H.R.7780). This legislation emphasizes the need to prioritize behavioral healthcare for students and families by removing barriers to care and support services.

"The COVID-19 pandemic took a significant toll on the mental health of the Western New York community as a whole. Students and families are in great need of resources at schools and universities, as well as those available through insurance plans to address the challenges they are facing," said Congressman Higgins. "This legislation removes barriers to mental health support for students of all ages, educators, and families. It's a critical step forward in creating a healthier community as we continue to rebuild from the pandemic."

The pandemic had a severe impact on students' mental health from pre-k to higher education. In 2021 more than 44 percent of students experienced persistent feelings of sadness or hopelessness, almost 20 percent seriously considered suicide, and nine percent attempted suicide. COVID-19 has also placed a significant burden on the mental health educators and school staff who have faced the challenge of mitigating the spread of COVID-19 in the classroom, addressing learning gaps, and dealing with staffing shortages.

The Mental Health Matters Act takes wide-ranging steps to support the behavioral health of students and school staff and strengthen school-based behavioral health. The bill directs the U.S. Department of Education to Award grants to build a pipeline of school-based mental health services and increase the number of mental health professionals serving in elementary and secondary schools. It will also award grants to state agencies to recruit and train mental health providers at high-need public schools. Additionally, funding will be provided to support Head Start programs providing evidence-based interventions that will improve mental and behavioral health of young children and support staff wellness.

The measure also addresses access to mental health services at institutions of higher education. Although college students are also experiencing significant mental health challenges, they are not guaranteed access to services under the Individuals with Disabilities in Education Act as K-12 students are. This legislation requires institutions of higher education to allow incoming students with existing documentation of a disability to access accommodations, such as mental health services.

Under the Employee Retirement Income Security Act (ERISA) and Mental Health Parity and Addiction Equity Act (MHPAEA), group health plans and insurance companies must offer workers and their families the same access to mental health and substance use disorder benefits as physical health benefits. In a recent report to Congress, the U.S. Departments of Labor, Health and Human Services, and the Treasury found widespread violations of the Mental Health Parity and Addiction Equity Act (MPHAEA) by many of these providers.

The bill addresses access to mental health and substance abuse services for workers and families by providing the U.S. Department of Labor with the authority to bring civil action against a plan sponsor or administrator of a group health plan for a wrongful denial of benefits for mental health and substance use disorder. It also strengthens the ability of Americans to hold private, employee-sponsored health and retirement plans accountable when they are improperly denied benefits by banning forced arbitration agreements.


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