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Who decides what mental health services I get?

 
  • you
  • your doctor or therapist, and
  • your insurer and any management companies with whom your insurer contracts

All of the above have a say in what services you get.

Unless you are committed to a hospital because you are a danger to yourself or to others, you can decide which services you don’t want.

To get services, you’ll have to have a health care provider, like a psychiatrist or social worker, backing you up. In other words, if a medical professional does not agree that you need the services you want, you’re probably not going to get them.

Finally, if your insurer (or the managed care company with which it contracts to handle mental health benefits) won’t pay for the services, you may not get them. However, you have the right to appeal and may get the services if your provider stands by you and is willing to help.

State law sets out basic mental health services for which private insurers must pay. (See section on mental health parity.) Your or your employer’s contract with a private insurer also details what services the insurance company must offer you.

Note:

Insurers never have to pay for services that are not "medically necessary." Federal and state laws only make insurers pay for services if the services are "medically necessary." Generally, a service is medically necessary if it is the usual treatment for your condition and there is no less expensive treatment available that works.

Next (Who decides whether my mental health care services are paid for?)


Produced by Mental Health Legal Advisors Committee
Last updated May 24, 2006


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For free legal advice on mental health issues contact Mental Health Legal Advisors Committee. For other matters, please check with your local legal aid program.