AN ACT RELATING TO INSURANCE -- THE PROTECT MENTAL HEALTH ACT (Requires health insurers to comply with federal mental health parity laws, prevent discriminatory treatment limits, and ensures meaningful mental health and substance use coverage in all benefit classifications.)

S2687

2026 -- S 2687
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LC005858
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO INSURANCE -- THE PROTECT MENTAL HEALTH ACT

Introduced By:
Senators DiMario, Lauria, Gallo, Valverde, Mack, Murray, and Kallman

Date Introduced:
February 27, 2026

Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by
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adding thereto the following chapter:
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CHAPTER 38.3
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THE PROTECT MENTAL HEALTH ACT
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27-38.3-1. Parity compliance and meaningful coverage.

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(a) If a health plan provides coverage for mental health and substance use disorder services,
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any cost-sharing requirements for mental health and substance use disorder services and any
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treatment limitations, including quantitative treatment limitations and nonquantitative treatment
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limitations, related to mental health and substance use disorder services shall comply with the
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requirements in the provisions of Requirements Related to the Mental Health Parity and Addiction
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Equity Act, 89 Fed. Reg. 77586 (Sept. 23, 2024).
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(b)(1) Each health insurer shall collect and evaluate relevant data, in connection with its
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comparative analyses, in a manner reasonably designed to assess, for each nonquantitative
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treatment limitation and within each classification of benefits, the impact of the nonquantitative
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treatment limitation on relevant outcomes related to access to mental health benefits and substance
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use disorder benefits as compared to medical and surgical benefits. With respect to nonquantitative
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treatment limitations related to network adequacy and composition, the health insurer shall collect
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and evaluate relevant data in a manner reasonably designed to assess the aggregate impact of all
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such nonquantitative treatment limitations on access to mental health benefits and substance use

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disorder benefits as compared to medical and surgical benefits within each classification of
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benefits.
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(2) If the relevant data evaluated under this subsection indicate that a nonquantitative
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treatment limitation contributes to material differences in access to mental health benefits or
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substance use disorder benefits as compared to medical and surgical benefits within a classification
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of benefits, such differences shall be considered a strong indicator of noncompliance with the
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federal Mental Health Parity and Addiction Equity Act of 2008 and may subject the health insurer
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to enforcement action pursuant to this title, and the health insurer shall submit to the commissioner
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documentation of reasonable actions that have been or are being taken to address the material
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differences and to ensure compliance, in operation, with parity requirements within fifteen (15)
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working days of a request from the commissioner.
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(c) A health insurer shall, as part of the comparative analyses required pursuant to 42
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U.S.C. § 300gg-26(8) and this section, demonstrate that none of the information, evidence, sources,
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or standards on which a factor or evidentiary standard is based are biased or not objective in a
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manner that discriminates against mental health benefits or substance use disorder benefits as
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compared to medical and surgical benefits.
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(d) An insurer providing coverage pursuant to this section for mental health benefits and
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substance use disorder benefits in any classification of benefits shall provide meaningful benefits
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for such mental health benefits and substance use disorder benefits in every classification in which
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medical and surgical benefits are provided. For purposes of this subsection, whether benefits are
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meaningful shall be determined in comparison to the medical and surgical benefits provided in the
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same classification and shall require, at a minimum, coverage of benefits for that mental health
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benefit or substance use disorder benefit in each classification in which the insurer provides benefits
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for one or more medical and surgical benefits. An insurer does not provide meaningful benefits
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under this subsection unless it provides benefits for a core treatment for that mental health benefit
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or substance use disorder benefit in each classification in which the insurer provides benefits for a
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core treatment for one or more medical and surgical benefits. If there is no core treatment for a
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covered mental health benefit or substance use disorder benefit with respect to a classification, the
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insurer shall not be required to provide benefits for a core treatment in that classification but shall
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provide benefits for such mental health benefit or substance use disorder benefit in every
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classification in which medical and surgical benefits are provided. For purposes of this subsection,
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“core treatment” means a standard treatment or course of treatment, therapy, service, or
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intervention indicated by generally accepted standards of mental health or substance use disorder
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care.

LC005858 - Page 2 of 4
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27-38.3-2. Relation to other mental health coverage laws.

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The requirements of this chapter are in addition to, and shall not be construed to limit or
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reduce, the obligations of health insurers under chapter 38.2 of this title or any other provision of
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state or federal law governing coverage of mental health or substance use disorder services.
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27-38.3-3. Severability.

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If any provision of this chapter or the application thereof to any person or circumstance is
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held invalid, such invalidity shall not affect the other provisions or applications of the chapter which
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can be given effect without the invalid provision or application, and to this end the provisions of
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this chapter are declared to be severable.
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SECTION 2. This act shall take effect upon passage.
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LC005858
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO INSURANCE -- THE PROTECT MENTAL HEALTH ACT
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This act would require health insurers to comply with federal mental health parity laws,
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prevent discriminatory treatment limits, and ensure meaningful mental health and substance use
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coverage in all benefit classifications.
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This act would take effect upon passage.
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LC005858
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LC005858 - Page 4 of 4