California’s Mental Health Parity Law: What You’re Entitled To
When it comes to taking care of our mental health, one of the biggest barriers people still face is access, especially financial access.
"Does my insurance have to cover therapy?" or "Can I get treatment for anxiety without paying out of pocket?" The answer, thanks to California’s Mental Health Parity Law, is more often yes than you might think.
If you’re navigating anxiety, depression, bipolar disorder, or substance use recovery, this guide will help you understand what the law says you’re entitled to, how to advocate for your care, and where to get support if you’re hitting insurance roadblocks.
What Is California’s Mental Health Parity Law?
California’s Mental Health Parity law requires most private health insurance plans to treat mental health and substance use disorders the same way they treat physical conditions. That means equal coverage, not extra restrictions.
If your plan covers a broken leg, it should also cover treatment for major depression. If it covers medication for high blood pressure, it should also cover meds for anxiety or ADHD.
This law has been around in different forms since 2000, but as of January 1, 2021, it became much stronger. California passed Senate Bill 855, expanding parity protections to cover all mental health and substance use disorders listed in the DSM-5 (the official guide used by mental health professionals).
What Does This Mean for You?
If you live in California and have health insurance regulated by the state (which includes most HMO and PPO plans), you’re entitled to:
1. Comprehensive coverage
Conditions like depression, anxiety, bipolar disorder, schizophrenia, eating disorders, PTSD, ADHD, and more must be covered.
Substance use disorders like alcohol use, opioid dependence, or other drug-related disorders are also included.
2. Timely access to care
You shouldn’t have to wait weeks or months for a therapy appointment. Insurers are required to maintain adequate provider networks, so if no provider is available, they may need to offer out-of-network coverage at in-network prices.
3. No more arbitrary limits
Insurers can’t cap the number of therapy sessions just because it’s mental health.
They can’t require extra pre-approvals or “fail-first” steps before accessing care, unless they do the same for physical health.
4. Access to different types of treatment
Your plan should cover therapy, medication, inpatient treatment, residential treatment, and telehealth if it covers similar services for physical conditions.
What Kinds of Plans Are Covered?
This law applies to:
Individual and small group plans purchased on Covered California or directly from an insurer
Large employer plans regulated by the California Department of Managed Health Care (DMHC) or the California Department of Insurance (CDI)
Note: Some employer-sponsored plans (especially those that are “self-funded”) are regulated at the federal level. Those plans must still follow the federal Mental Health Parity and Addiction Equity Act (MHPAEA), but California’s law is often stronger.
How to Know If Your Insurance is Breaking the Law
If you’re experiencing any of the following, your rights may be violated:
- Your insurer denies coverage for therapy or medication due to a “non-medical necessity” reason.
- You’re told that therapy is “not covered for mild conditions.”
- You face long wait times to see a therapist and are not offered any alternatives.
- You’re forced to pay out-of-pocket for basic mental health care when your plan covers physical services.
What Can You Do About It?
1. Call Your Health Plan
Start by asking your health plan for a written explanation of the denial or limitation. Be clear that you're inquiring based on parity law protections.
2. File a Complaint
If your health plan is regulated by the DMHC:
Call: 1-888-466-2219
Online: Submit a complaint to DMHC
If your plan is regulated by the CDI:
Call: 1-800-927-4357
Online: Submit a complaint to CDI
If you’re unsure which agency regulates your plan, call the DMHC number.
3. Ask for Help Navigating the System
You don’t have to fight this alone. Organizations like NAMI California, Mental Health America of California, or your local Legal Aid can guide you through your rights and even help you write appeal letters.
For years, people have been told explicitly or subtly that mental health care isn’t as important as physical care. Parity laws are meant to correct that. But laws only work when people know their rights and speak up. If you or someone you care about has been denied care, overcharged, or made to jump through hoops for therapy or medication, it’s not “just how the system works”, you may be protected by law.
If you're in Los Angeles or the San Fernando Valley, FundaMental Change curates a full list of local mental health services, from low-cost therapy and teen hotlines to crisis support and support groups. Visit our
Mental Health Resources Page
or call the LA County ACCESS Line at
(800) 854-7771 for referrals.
