RI International (RI) has a 33-year history of providing a range of behavioral health and crisis services that have served as the “front door” to accessing mental health and/or substance use care for individuals in acute distress. RI is the only best practice facility-based emergency behavioral health crisis provider operating in more than one state. In 2023 we delivered crisis care in nine states. We have been able to sustain operations through Medicaid reimbursement for immediate access to care and with state or local subsidies for individuals in the communities we serve who are uninsured as well as those insured with payers that do not fully reimburse for emergency behavioral health crisis care.
This brief was researched, written, and prepared by:
The Sozosei Foundation who funded the development of this brief and corresponding technical assistance. free technical assistance, funded by Sozosei, can be accessed by emailing your request to paul.galdys@riinternational.com.


The World Health Organization describes health as “a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.” Therefore, care for an individual’s health must include care for one’s mental health. According to a recent Mental Health America report, an estimated 50 million plus adults need mental health and/or substance use services, and an estimated 20 million have a co-occurring mental illness and substance use disorder that severely interferes with major life activities. Unfortunately, over half (56%) of adults with a mental illness and 93.5% with a substance use disorder receive no treatment. In addition, nearly a quarter of all adults with a mental illness are reported as not receiving the needed treatment. (Data from Mental Health America, Adult Data 2022 | Mental Health America (mhanational.org).
The Mental Health Parity and Addictions Equity Act (MHPAEA) was enacted in 2008 to address the inequalities between a health insurance policy’s treatment of an individual with a mental illness and/or substance use disorder as compared to an individual with a physical health condition. This federal law requires insurance coverage for mental health conditions and substance use disorders be no more restrictive than insurance coverage for other medical and surgical conditions. Recently, Congress passed the Consolidated Appropriations Act of 2023. This federal funding legislation strengthens parity compliance by eliminating the parity opt-out option for self-funded non-federal government health plans and authorizes funding for state insurance departments to enforce compliance with the mental health parity law. This funding is critical because health insurers often refuse coverage for medically necessary emergency behavioral health care services. For example, if a health plan covers emergency physical healthcare services and treatment for acute conditions, the plan must also cover critical emergency healthcare services for behavioral health care needs. There may be several reasons why health plans refuse to pay a claim. We will specifically look at commercial health plan claim denials for emergency behavioral health crisis care services. In this document, the term behavioral health is applied to encompass both mental health and substance use/addiction disorder challenges and care.

When someone experiences a physical health crisis, be it a heart attack, severe injury, or a high fever, they may seek immediate medical attention at a hospital emergency department (ED). Emergency departments are equipped to provide critical and routine medical care 24/7. People who arrive at the ED receive immediate evaluation and treatment to stabilize their condition, and they may be subsequently admitted to an inpatient setting for further care if needed. Treated conditions vary from life-threatening issues to those that are often quickly assessed with brief intervention before the individual is discharged with a plan to further address the issue if needed.
Similarly, a behavioral health emergency or crisis is any situation in which an individual’s mental health and/or substance use challenges are causing significant distress, impairment, or a danger to themselves or others and requires urgent intervention to address the immediate need. Conditions vary from life-threatening suicidality, substance use withdrawal, or symptoms that have resulted in danger to others, behavior to self-identified anxiety, depression, psychosis or other troubling symptoms that can result in long-term negative impact to the individual’s health. Crisis receiving centers that align their practices with the 2020 SAMHSA National Guidelines for Behavioral Health Crisis Care—A Best Practice Toolkit offer immediate access to care for these conditions in a manner analogous to how hospital emergency departments address emergent physical health conditions.
MHPAEA and state mental health parity laws require that insurance plans offer equal coverage for behavioral health services, ensuring that individuals facing a behavioral health emergency receive the same level of care as they would for a physical health emergency. Overall, the goal of emergency services for mental health care is to ensure that individuals experiencing acute behavioral health crises receive timely and appropriate care without facing additional barriers or financial burdens compared to physical health emergencies.
Under the No Surprises Act that took effect in 2022, coverage of emergency behavioral health services delivered in a state-licensed facility is required. By definition, coverage must include crisis receiving and stabilization centers that offer no-wrong-door access to emergency care as defined in the SAMHSA National Guidelines for Behavioral Health Crisis Care – A Best Practice Toolkit. In addition, the No Surprises Act stipulates that whether a patient receives care from an out-of-network provider or at an in-network facility in an emergency, the patient will only be responsible for paying their in-network cost-sharing amount. This means the patient will not be liable for any additional costs the out-of-network provider may charge.
In the case of a behavioral health emergency, the Mental Health Parity law requires insurance plans to provide
coverage for emergency services necessary to stabilize the person’s condition, regardless of whether an in-network or out-of-network provider delivers the services. The law also prohibits insurance plans from imposing higher cost-sharing requirements for emergency behavioral health services than emergency physical health services. One
feature a physical and behavioral health emergency or crisis have in common is that immediate attention is required to prevent further harm and to stabilize the individual’s condition. However, behavioral health emergencies often
require specialized care for which many commercial health insurance payers have refused to reimburse. In contrast, physical health services delivered emergently are widely covered as part of the health benefit.
The Center for Medicare & Medicaid Services (CMS) defines “behavioral health emergency services providers” as
including facilities licensed to provide behavioral health crisis services, such as evaluation and treatment facilities, crisis triage facilities, medical withdrawal management service facilities, and mobile rapid response crisis team
services. These behavioral health emergency service providers are equivalent to the full range of emergency and crisis services for medical and surgical conditions; including hospital emergency department and emergency medical
services (EMS).
The following tables provide a look at the similarities between crisis services and their physical health counterparts, offering a framework that can be used to model reimbursement for these similar services in a manner consistent with public expectations of parity (NASMHPD Sustainable Funding for Mental Health Crisis Services 2022).

Non-quantitative Treatment Limitations (NTQLs) are frequently violations of MHPAEA when insurers impose more restrictive limitations on behavioral health treatment services than are impose on physical healthcare services. NQTLs are treatment limitations that are not expressed numerically, in the way that visit limits are, but instead include practices such as medical management of benefits in the form of medical necessity reviews, prior authorization requirements, restrictions on scope of services that are covered and provider network restrictions.






Date: [Insert Date]
Re: [Name of Beneficiary], Member # [Member ID Number], Claim # [Claim Number]
We are requesting approval for emergency behavioral healthcare services provided by [Name of Organization] for emergency behavioral health crisis services delivered to your enrolled member. Our services are consistent with the generally accepted medical standards emergency behavioral health services defined within SAMHSA’s 2020 National Guidelines for Behavioral Health Crisis Care – Best Practice Toolkit.
Additional information for these types of emergency behavioral health crisis services and frequently used billing codes for crisis receiving stabilization as well as mobile crisis services are contained in the Sustainable Funding for Mental Health Crisis Services paper published by the National Association of State Mental Health Program Directors (NASMHPD) at https://crisisnow.com/wp-content/uploads/2022/01/Sustainable-Funding-Crisis-Coding-Billing-2022.pdf.
As a frame of reference, a best practice crisis receiving center operates under the same no-wrong-door expectation as a hospital emergency department; accepting all referrals for individuals presenting with perceived emergency behavioral health needs in real-time. Mobile behavioral health crisis teams operate in a manner analogous to EMS teams in that they send a two-person team into the community to assess an individual reported to be experiencing an emergent behavioral health need. The federal No Surprises Act (NSA) and regulatory guidance recognize the alignment between physical and behavioral health crisis services and specifically include behavioral health crisis services within the scope of the NSA’s requirements. The Final Rules and FAQs under the NSA clarify that the NSA surprise billing protections apply to emergency behavioral health crisis services provided by facilities that meet the definition of “emergency department of a hospital” or an “independent freestanding emergency department,” regardless of whether the facility is licensed as such, or whether the license contains the word “emergency services” to describe its services.
In addition to the federal NSA regulations, emergency behavioral health crisis services are protected by the Federal Parity Law, known as the Mental Health Parity and Addiction Equity Act (MHPAEA), which requires that any financial requirement and quantitative treatment limitation (QTL) applied to mental health and substance use disorder (MH/SUD) benefits can be no more restrictive than such requirements and limitations applied to medical/surgical (med/surg) benefits in any classification of benefits. MHPAEA also provides that any non-quantitative treatment limitations (NQTLs) applied to MH/SUD benefits must be comparable to and applied no more stringently for MH/SUD benefits than for med/surg benefits. These behavioral crisis/emergency services are essential for people with mental illnesses and substance use diseases and are similar to medical and surgical emergency services coverage, and reimbursement is required under the parity law and regulations.
Thank you in advance for your thorough consideration of this matter. Please reach out with any concerns regarding this member’s care.
[Provider Contact Information Here]
Date: [Insert Date]
URGENT APPEAL
[Insert Company Name/Plan] [Insert Address]
Re: [Insert Patient’s Name]
[Insert Patient’s Date of Birth]
[Insert Patient’s Insurance ID Number] [Insert Patient’s Group ID Number]
To [Name of contact/department at health insurance plan]:
This grievance and appeal is taken on behalf of [patient name] (Consent for Authorized Representative is attached), based on your decision to [deny coverage OR refuse reimbursement] for emergency Behavioral Health crisis services delivered to the above named patient AND which were urgently needed to prevent harm or the inability to regain maximal function. It is our understanding, based on your letter dated [insert date of denial], that this [treatment or service] [has been denied] [OR refused reimbursement] as demonstrated by [either quote the specific reason given in the denial letter OR provide the history of plan delays/obstruction/refusal to pay].
We have provided the clinical information demonstrating the patient’s need for these services. In addition, your member is legally entitled to have these behavioral health emergency/crisis services covered and reimbursed by you based on the provisions of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA or Federal Parity Law) and The No Surprises Act (NSA). Please see the attached detailed documents evidencing the MHPAEA and NSA requirements for coverage and reimbursement of behavioral health emergency/crisis services:
On behalf of your member, our patient, it is also hereby requested that you:
Should you require additional information, please do not hesitate to contact us at [phone number]. We look forward to hearing from you in the near future.
Sincerely,
[Insert your name of provider and name of contact]
CC: [Insert Patient’s Name]
[Insert State Insurance Commissioner’s Name]
[Insert your Member of Congress’ Name]
Enclosures:
Consent for Authorized Representative
ISSUE BRIEF: Behavioral Health Crisis Services Governed by the No Surprises Act and the Federal Parity Law Sustainable Funding for Mental Health Crisis Services (including a description of generally accepted medical standards for behavioral health emergency/crisis services)
Please note that agency names and contact information may change over time, so please verify the details with the respective state’s official website.
ALABAMA – DEPARTMENT OF INSURANCE
201 Monroe Street, Suite 502
Montgomery, Alabama 36104
Phone: 334-269-3550
Web: http://www.aldoi.gov
Description: Mark Fowler, Acting Commissioner of Insurance
ALASKA – DEPARTMENT OF INSURANCE
550 West 7th Avenue, Suite 1560
Anchorage, Alaska 99501-3567
Phone: 907-269-7900
Web: https://www.commerce.alaska.gov/web/ins/
Description: Lori K. Wing-Heier, Director of Insurance
ARIZONA – DEPARTMENT OF INSURANCE
100 N. 15th Avenue, Suite 261
Phoenix, Arizona 85007-2630
Phone: 602-364-3100
Web: https://difi.az.gov/insurance
Description: Evan G. Daniels, Director of Insurance and Financial Institutions
ARKANSAS – DEPARTMENT OF INSURANCE
1 Commerce Way
Little Rock, Arkansas 72202
Phone: 501-371-2600
Web: https://insurance.arkansas.gov/
Description: Alan McClain, Commissioner of Insurance
CALIFORNIA – DEPARTMENT OF INSURANCE
300 South Spring Street, 14th Floor
Los Angeles, California 90013
Phone: 800-927-4357
Web: http://www.insurance.ca.gov
Description: Ricardo Lara, Commissioner of Insurance
COLORADO – DEPARTMENT OF INSURANCE
1560 Broadway, Suite 850
Denver, Colorado 80202
Phone: 303-894-7499
Web: https://doi.colorado.gov/
Description: Michael Conway, Commissioner of Insurance
CONNECTICUT – DEPARTMENT OF INSURANCE
153 Market Street, 7th Floor
Hartford, Connecticut 06103
Phone: 860-297-3800
Web: https://portal.ct.gov/cid
Description: Andrew N. Mais, Commissioner of Insurance
DELAWARE – DEPARTMENT OF INSURANCE
1351 West North Street, Suite 101
Dover, Delaware 19904
Phone: 302-674-7300
Web: https://insurance.delaware.gov/
Description: Trinidad Navarro, Commissioner of Insurance
DISTRICT OF COLUMBIA – DEPARTMENT OF INSURANCE
1050 First Street, NE, 801
Washington District of Columbia 20002
Phone: 202-727-8000
Description: Karima M. Woods, Commissioner
FLORIDA – DEPARTMENT OF INSURANCE
The Larsen Building, 200 East Gaines Street
Room 101A
Tallahassee, Florida 32399-0301
Phone: 850-413-3140
Web: http://www.floir.com
Description: David Altmaier, Commissioner of Insurance
GEORGIA – DEPARTMENT OF INSURANCE
2 Martin Luther King Jr. Dr. West Tower, Suite 702
Atlanta, Georgia 30334
Phone: 404-656-2070
Description: John F. King, Commissioner of Insurance & Fire Safety
GUAM – DEPARTMENT OF INSURANCE
1240 Route 16
Barrigada, Guam 96913
Phone: 671-635-1817
Description: Michelle B. Santos, Insurance and Banking Commissioner
HAWAII – DEPARTMENT OF INSURANCE
P.O. Box 3614
Honolulu, Hawaii 96811
Phone: 808-586-2790
Web: http://cca.hawaii.gov/ins/
Description: Colin M. Hayashida, Commissioner of Insurance
IDAHO – DEPARTMENT OF INSURANCE
700 West State Street, 3rd Floor
Boise, Idaho 83720-0043
Phone: 208-334-4250
Web: http://www.doi.idaho.gov/
Description: Dean L. Cameron, Acting Director of the Department of Insurance
ILLINOIS – DEPARTMENT OF INSURANCE
320 West Washington Street
Springfield, Illinois 62767-0001
Phone: 217-782-4515
Web: https://insurance.illinois.gov/
Description: Dana Popish Severinghaus, Acting Director of Insurance
INDIANA – DEPARTMENT OF INSURANCE
311 West Washington Street, Suite 300
Indianapolis, Indiana 46204-2787
Phone: 317-232-2385
Description: Amy L. Beard, Commissioner of Insurance
IOWA – DEPARTMENT OF INSURANCE
1963 Bell Avenue, Suite 100
Des Moines, Iowa 50315
Phone: 515-654-6600
Description: Doug Ommen, Commissioner of Insurance
KANSAS – DEPARTMENT OF INSURANCE
1300 SW Arrowhead Road
Topeka, Kansas 66604 – 4073
Phone: 785-296-3071
Web: https://insurance.kansas.gov/
Description: Vicki Schmidt, Commissioner of Insurance
KENTUCKY – DEPARTMENT OF INSURANCE
500 Mero Street 2 SE 11
Frankfort, Kentucky 40601
Phone: 502-564-3630
Description: Sharon P. Clark, Commissioner of Insurance
LOUISIANA – DEPARTMENT OF INSURANCE
1702 North Third Street
Baton Rouge, Louisiana 70802
Phone: 225-342-5423
Description: James J. Donelon, Commissioner of Insurance
MAINE – DEPARTMENT OF INSURANCE
34 State House Station
Augusta, Maine 04333-0034
Phone: 207-624-8475; 800-300-5000 (In State)
Web: https://www.maine.gov/pfr/insurance/
Description: Timothy Schott, Acting Insurance Superintendent
MARYLAND – DEPARTMENT OF INSURANCE
200 St. Paul Place
Suite 2700
Baltimore, Maryland 21202
Phone: 410-468-2090
Web: https://insurance.maryland.gov/
Description: Kathleen A. Birrane, Insurance Commissioner
MASSACHUSETTS – DEPARTMENT OF INSURANCE
1000 Washington Street, Suite 810
Boston, Massachusetts 02118
Phone: 617-521-7794; 888-283-3757 (In State)
Web: https://www.mass.gov/orgs/division-of-insurance
Description: Gary D. Anderson, Commissioner of Insurance
MICHIGAN – DEPARTMENT OF INSURANCE
530 West Allegan Street
Lansing, Michigan 48933
Phone: 517-284-8800
Web: https://www.michigan.gov/difs/
Description: Anita Fox, Director of Insurance
MINNESOTA – DEPARTMENT OF INSURANCE
85 7th Place East, Suite 500
St. Paul, Minnesota 55101
Phone: 651-539-1500 (Local); 800-657-3602 (In State)
Web: https://mn.gov/commerce/industries/insurance/
Description: Grace Arnold, Commissioner of Commerce
MISSISSIPPI – DEPARTMENT OF INSURANCE
1001 Woolfolk State Office Building, 501 North West Street
Jackson, Mississippi 39201
Phone: 601-359-3569
Description: Mike Chaney, Commissioner of Insurance
MISSOURI – DEPARTMENT OF INSURANCE
301 West High Street, P.O. Box 690
Jefferson City, Missouri 65102-0690
Phone: 573-751-4126
Web: https://insurance.mo.gov/
Description: Chlora Lindley-Myers, Director of Insurance
MONTANA – DEPARTMENT OF INSURANCE
840 Helena Avenue, Suite 270
Helena, Montana 59601
Phone: 406-444-2040
Web: https://csimt.gov/
Description: Troy Downing, Commissioner of Insurance
NEBRASKA – DEPARTMENT OF INSURANCE
1526 K St Suite 200
Lincoln, Nebraska 68508
Phone: 402-471-2201
Web: https://doi.nebraska.gov/
Description: Eric Dunning, Director of Insurance
NEVADA – DEPARTMENT OF INSURANCE
1818 East College Parkway,
Suite 103
Carson City, Nevada 89706
Phone: 775-687-0700
Web: https://doi.nv.gov/
Description: Barbara Richardson, Commissioner of Insurance
NEW HAMPSHIRE – DEPARTMENT OF INSURANCE
21 South Fruit Street, Suite 14
Concord, New Hampshire 03301-7317
Phone: 603-271-2261
Web: https://www.nh.gov/insurance/
Description: Chris Nicolopoulos, Commissioner of Insurance
NEW JERSEY – DEPARTMENT OF INSURANCE
20 West State Street
Trenton, New Jersey 08625
Phone: 609-292-7272
Web: https://www.state.nj.us/dobi/aboutdobi.htm
Description: Marlene Caride, Commissioner of Insurance
NEW MEXICO – DEPARTMENT OF INSURANCE
1120 Paseo de Peralta, Suite 428
Santa Fe, New Mexico 87501
Phone: 855-427-5674
Web: https://www.osi.state.nm.us/
Description: Russell Toal, Superintendent of Insurance
NEW YORK – DEPARTMENT OF INSURANCE
1 State Street
New York, New York 10004
Phone: 212-480-6400
Description: Adrienne A. Harris, Superintendent of Insurance Designate
NORTH CAROLINA – DEPARTMENT OF INSURANCE
1201 Mail Service Center
Raleigh, North Carolina 27699-1201
Phone: 855-408-1212
Description: Mike Causey, Commissioner of Insurance
NORTH DAKOTA – DEPARTMENT OF INSURANCE
State Capitol, 600 East Boulevard, Dept. 401, 5th Floor
Bismarck, North Dakota 58505-0320
Phone: 701-328-2440
Web: https://www.insurance.nd.gov/
Description: Jon Godfread, Commissioner of Insurance
OHIO – DEPARTMENT OF INSURANCE
50 West Town Street, Third Floor, Suite 300
Columbus, Ohio 43215-1067
Phone: 614-644-2658
Web: https://insurance.ohio.gov/
Description: Judith French, Director of Insurance
OKLAHOMA – DEPARTMENT OF INSURANCE
400 NE 50th Street
Oklahoma City, Oklahoma 73105
Phone: 405-521-2828
Description: Glen Mulready, Commissioner of Insurance
OREGON – DEPARTMENT OF INSURANCE
350, Winter St., NE, Room 410
Salem, Oregon 97309
Phone: 503-378-4140 (Salem); 888-877-4894 (Local); 503-947-7984 (Consumer Protection)
Web: https://dfr.oregon.gov/Pages/index.aspx
Description: Andrew R. Stolfi, Director / Insurance Commissioner at Oregon Department of Consumer and Business Services
PENNSYLVANIA – DEPARTMENT OF INSURANCE
1326 Strawberry Square
Harrisburg, Pennsylvania 17120
Phone: 717-787-7000
Web: https://www.insurance.pa.gov/Pages/default.aspx
Description: Mike Humphreys, Acting Insurance Commissioner
PUERTO RICO – DEPARTMENT OF INSURANCE
World Plaza Building, 268 Muñoz Rivera Ave
San Juan, Puerto Rico 00918
Phone: 787-722-8686
Web: https://www.ocs.pr.gov/en-us
Description: Mariano Mier Romeu, Commissioner of Insurance
RHODE ISLAND – DEPARTMENT OF INSURANCE
1511 Pontiac Avenue
Cranston, Rhode Island 02920
Phone: 401-462-9500
Web: https://dbr.ri.gov/insurance-overview
Description: Elizabeth Kelleher Dwyer, Superintendent of Banking and Insurance Rhode Island Department of Business Regulation
SOUTH CAROLINA – DEPARTMENT OF INSURANCE
1201 Main Street, Suite 1000
Columbia, South Carolina 29201
Phone: 803-737-6160
Web: https://doi.sc.gov/
Description: Raymond Farmer, Insurance Commissioner
SOUTH DAKOTA – DEPARTMENT OF INSURANCE
445 East Capitol Avenue
Pierre, South Dakota 57501-3185
Phone: 605-773-3311
Web: https://dor.sd.gov/
Description: Larry Deiter, Director of Insurance
TENNESSEE – DEPARTMENT OF INSURANCE
500 James Robertson Parkway, Suite 660
Nashville, Tennessee 37243-0565
Phone: 615-741-2241
Web: https://www.tn.gov/commerce/insurance-division.html
Description: Carter Lawrence, Commissioner of Commerce & Insurance
TEXAS – DEPARTMENT OF INSURANCE
1601 Congress Avenue
Austin, Texas 78701
Phone: 512-676-6000
Web: https://www.tdi.texas.gov/
Description: Cassie Brown, Commissioner of Insurance
UTAH – DEPARTMENT OF INSURANCE
4315 S. 2700 W., Suite 2300
Taylorsville, Utah 84114-6901
Phone: 801-957-9200
Web: https://insurance.utah.gov/
Description: Jonathan T. Pike, Commissioner of Insurance
VERMONT – DEPARTMENT OF INSURANCE
89 Main Street, Drawer 20
Montpelier, Vermont 05620-3101
Phone: 802-828-3302 or 800-964-1784
Web: https://dfr.vermont.gov/industry/insurance
Description: Emily Brown, Deputy Commissioner of Insurance
VIRGIN ISLANDS – DEPARTMENT OF INSURANCE
1131 King Street, Suite 101
Christiansted, St. Croix Virgin Islands 00820
Phone: 340-773-6449
Web: https://ltg.gov.vi/departments/banking-insurance-and-financial-regulation/
Description: TEsqenza A. Roach Esq., Lieutenant Governor/Commissioner
VIRGINIA – DEPARTMENT OF INSURANCE
1300 E. Main Street, Tyler Building
Richmond, Virginia 23219
Phone: 804-371-9741
Web: https://www.scc.virginia.gov/
Description: Scott A. White, Commissioner of Insurance
WASHINGTON – DEPARTMENT OF INSURANCE
302 Sid Snyder Ave., SW, Suite 200
Olympia, Washington 98501
Phone: 360-725-7100
Web: http://www.insurance.wa.gov
Description: Mike Kreidler, Insurance Commissioner
WEST VIRGINIA – DEPARTMENT OF INSURANCE
West Virginia Lottery Building, 900 Pennsylvania Avenue
Charleston, West Virginia 25302
Phone: 304-558-3386
Web: http://www.wvinsurance.gov
Description: Allan L. McVey, Insurance Commissioner
WISCONSIN – DEPARTMENT OF INSURANCE
125 South Webster Street
Madison, Wisconsin 53703-3474
Phone: 608-266-3585; 800-236-8517
Web: https://oci.wi.gov/Pages/Homepage.aspx
Description: Nathan Houdek, Commissioner of Insurance
WYOMING – DEPARTMENT OF INSURANCE
Herschler Building, 106 East 6th Avenue
Cheyenne, Wyoming 82002
Phone: 307-777-7401; 800-438-5768
Web: https://doi.wyo.gov/
Description: Jeffrey P. Rude, Commissioner of Insurance