Regulation

ADA Mental Health Protections

The Americans with Disabilities Act (42 USC § 12101) prohibits discrimination against individuals with mental health disabilities in places of public accommodation, employment, and under Title II (state and local government). In the insurance context, ADA Title III has been used to challenge health plan benefit designs that discriminate against mental health conditions relative to physical conditions. The ADA supplements MHPAEA — it is a separate, independent legal basis for a parity claim.

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