A child who doesn't like doing
math homework may be diagnosed with the mental illness
developmental-arithmetic disorder (No.315.4). A child who
argues with her parents may be diagnosed as having a mental
illness called oppositional-defiant disorder (No.313.8). And
people critical of the legislation now snaking through
Congress that purports to "end discrimination against
patients seeking treatment for mental illness" may find
themselves labeled as being in denial and diagnosed with the
mental illness called noncompliance-with-treatment disorder
(No.15.81).
The psychiatric diagnoses suggested above are no joke. They
represent a few of the more than 350 "mental disorders"
listed in the American Psychiatric Association's (APA)
Diagnostic and Statistical Manual of Mental Disorders
(DSM-IV), the billing bible for mental disorders which
commingles neurological diseases with psychiatric diagnoses.
(Click here to see more examples of the
mental disorders listed in the DSM-IV.) Whether the
described diagnoses are real diseases or subjective
speculation, science is at the heart of the debate about
whether lawmakers will require employers and insurers to
cover mental illness on the same level as physical disease.
Advocates of the Mental Health Equitable Treatment Act of
2002 (S 543), and its sister proposal in the House (HR
4066), are seeking to expand the 1996 "mental-health parity"
legislation. It mandates employers with more than 50
employees and that offer mental-health coverage to provide
insurance benefits equal to those of standard health care,
such as surgery and physician visits.
The pending proposals would expand the 1996 legislation to
require that caps, or limitations on coverage, be the same
for mental illnesses as those provided for medical
illnesses, in the name of so-called mental-health parity.
When it comes to "mental illness" and "medical illness"
however, there is no scientific parity between the two
schools of thought. That is, only one is based in physical
science.
Proponents of mental-health parity believe, and have for the
most part successfully convinced lawmakers, that the mental
illnesses described in the DSM-IV are medical diseases. For
example, obsessive-compulsive disorder (OCD) is considered
medically equivalent to, say, measles or anemia.
But critics patiently explain that the psychiatric "mental
illness" as described in the DSM-IV is a subjective
diagnosis that lies in the eye of the beholder rather than
in proved medical science. How this issue is decided, these
critics say, likely will determine whether millions of
American families will be priced out of health insurance.
Fred Baughman, a San Diego neurologist and leading critic of
the alleged mental illness called attention-deficit/
hyperactivity disorder (ADHD) (see picture profile, Feb.
18), tells Insight the question that must be answered before
a mental illness can qualify as a disease is this: "Where is
the macroscopic, microscopic or chemical abnormality in any
living patient or at death/autopsy?"
Baughman explains: "No one is justified in saying anyone is
medically abnormal/diseased until such time as they can
adduce some such abnormality. This, by the way, would apply
to a person suspected of having diabetes or cancer."
The fact is, Baughman adds, "There is no psychiatric
diagnosis for which any part of this question can be
answered in the affirmative. In other words: no abnormality;
no disease. There is no confirmation of abnormality in the
brain in life or at autopsy for any of the psychiatric
diagnoses. And they [in the psychiatric community] don't say
this because it's part of the propaganda campaign to make
patients out of normal people. The findings at autopsy would
be very specific and would reveal whether it is a diseased
brain and, if so, which disease it is. There is no proof in
life or at autopsy of any of the alleged psychiatric mental
illnesses, including schizophrenia, psychosis, depression,
OCD or ADHD."
Here is Baughman, an internationally respected neurologist,
denying there is any such thing as an authentic diagnosis of
psychiatric disease at precisely the same time that Congress
appears to be getting ready to mandate equal and comparable
coverage of psychiatric and medical diseases as the same
thing. Perhaps lawmakers haven't asked for the supporting
science, or perhaps it has just been withheld from them.
To try to find out which, Insight sent carefully prepared
questions about mental illness to the APA and the National
Institute of Mental Health (NIMH), the two leading advocates
of mental-health parity. Here are those questions:
How many disorders that are listed in the DSM-IV are
curable?
What documentable, confirmatory, diagnostic, physical
abnormality is found in schizophrenia, ADHD and
depression?
What confirmatory, diagnostic tests are available and
currently utilized to detect a chemical imbalance?
The APA would not respond to the questions and the NIMH,
which claimed not to get involved in policy issues, deferred
to a psychiatrist who refused to speak on the record. Both
groups did, however, suggest reviewing the 1999 Surgeon
General's Report on Mental Health, which Insight promptly
read. The report contained the remarkable statement that,
"in the United States, mental disorders collectively account
for more than 15 percent of the overall burden of disease
from all causes and slightly more than the burden associated
with all forms of cancer."
But nowhere in the surgeon general's report was there any
reference to a single confirmatory, diagnostic test that
proves any physical abnormality in any psychiatric
diagnosis. More importantly, several chapters into the
report the surgeon general admits what Baughman and other
neurologists have been saying for years: "The diagnosis of
mental disorders is often believed to be more difficult than
diagnosis of somatic or general medical disorders since
there is no definitive lesion, laboratory test or
abnormality in brain tissue that can identify the illness"
[emphasis added].
Naturally, one might assume, it would be difficult to
diagnose a mental illness if there were no confirming
physical evidence that one exists. And one might even ask
the surgeon general how he could make the statement that
"mental disorders collectively account for more than 15
percent of the overall burden of disease" when he admits
later in the report that there is no physical proof thus far
of mental disease in any of the psychiatric diagnoses.
More important, critics say, is his honest admission that
there is no proof of any physical abnormality that causes
any psychiatric mental disorder. This begs the question: If
there is no way to prove that a single psychiatric mental
illness exists in life or death, how does one diagnose
something that doesn't exist and then require insurance
companies to pay for treatment?
While the observations of the nation's top medicine man seem
crystal clear — and are, in fact, a carbon copy of what
critics such as Baughman long have been saying about mental
disorders — apparently the sponsors of the pending
legislation missed the surgeon general's report. According
to Allison Dobson, communications director for Sen. Paul
Wellstone (D-Minn.), a cosponsor of the Senate bill, "We
know that mental illness is valid based on the volumes of
science that have been presented to the senator. The mental
illness thing has pretty much been proved by science."
Sen. Pete Domenici (R-N.M.), the biggest cheerleader for
requiring mental-health parity, didn't respond to Insight's
calls. But Michael Zamora, the policy adviser for Rep.
Patrick Kennedy (D-R.I.), a cosponsor of the House parity
legislation, tells Insight: "We've had a number of
specialists from NIMH who have talked about what they're
doing. While they don't have any diagnostic criteria
developed yet, they are making advances and starting to
document the linkages between the physical and mental. But
they haven't necessarily been able to establish yet exactly
how these are working."
Indeed, says Kennedy's spokesman, "I'm pretty confident and
trusting that the science base of the National Institute of
Health, the surgeon general and Nobel laureates have
researched this stuff when they say there is a science base
behind mental illness. I know that the congressman is
confident that the surgeon general and our premier
medical-research facility, NIMH, is not full of quacks."
But that's not the issue, critics say. It's whether as-yet
medically proved illness ought to be paid for by insurance
companies, employers and patients at the same levels as
diseases science physically has confirmed.
Neither former surgeon general David Satcher (author of the
1999 Surgeon General's Report on Mental Health) nor former
NIMH director Steven Hyman would agree to an interview to
discuss these matters. Given the official admission by
former surgeon general Satcher it is tempting to speculate
why the interviews were denied. What is unclear is why
lawmakers continue to push for mental-health parity with
medical disease when, to date, there is no physical proof
that any of the psychiatric mental disorders can be
confirmed as abnormalities of the brain.
As recently as late May sponsors of the House parity
legislation, Marge Roukema (R-N.J.) and Kennedy, continued
the push to "end discrimination against patients seeking
treatment for mental illness." In a "Dear Colleague" letter
to members of the House of Representatives entitled "The
Truth About The Impact of Mental Health Parity," Roukema and
Kennedy attempted to "eliminate any confusion about the
DSM." The authors sought to give credence to the APA's
diagnostic manual, explaining that, "for 50 years, DSM has
been widely recognized as the 'international standard'
system for classifying mental disorders," and the "DSM is
the state of the art of the knowledge base."
The "Dear Colleague" advocacy letter closed by observing:
"There will always be those who oppose ending insurance
discrimination. … While we strongly disagree with them, we
look forward to a debate on the facts." Perhaps so. But
nowhere did the letter so much as mention that none of the
psychiatric diagnoses in the DSM are based in physical
science such as abnormalities of the brain found in life or
death.
Meanwhile, independent groups representing businesses and
other insurers say they are alarmed about the financial
burden the proposed legislation is certain to produce. It is
widely estimated that nearly 45 million Americans already
are without health insurance and there is little doubt that
mandating expanded coverage of undefined "mental disease"
will run up costs and premiums still further. No one knows
how much, but consider these guesstimates:
In 2001 the Business Journal estimated the likely
increase in costs would be as high as 40 percent; the
National Association of Health Underwriters suggests
insurance premiums likely would increase by 11.4 percent.
The National Federation of Independent Businesses (NFIB)
conducted a study among its 600,000 members that indicates
even existing state benefit mandates could increase
premiums by as much as 30 percent.
An April 2002 PricewaterhouseCoopers report estimates
that government mandates and regulations, which increased
25-fold from 1970 to1996, will add $10 billion to the
overall increase in health premiums.
Charles N. Kahn III, president of the Health Insurance
Association of America (HIAA), testified before Congress
in 1999 that coverage for psychiatric hospital stays alone
already had increased premiums by 12 percent.
In Maryland, a 1992 Blue Cross/Blue Shield Association
study documented "the most expensive individual benefits
were estimated to be substance-abuse and
mental-health-care services." Outpatient
mental-health-care visits increased more than 78 percent
once mandates were expanded — from 448,000 in 1983 to
800,000 in 1986.
The NFIB, the National Association of Manufacturers, the
U.S. Chamber of Commerce and the HIAA are among the many
organizations opposed to the parity legislation. According
to Randy Clerihue, a spokesman for HIAA, "We don't like this
bill because it's going to raise the cost of health care.
It's not that we don't think mental-health services aren't
important, but we don't think government should be mandating
the kind of insurance employers purchase on behalf of their
employees. The problem comes when you have a mandate that
forces everyone to pay for something whether they want it or
not. We're headed in the direction of mandating everyone out
of health insurance."
Each of the many business and insurance groups with which
Insight spoke expressed similar sentiments and each was
aware of a little-discussed fact: While lawmakers seem
prepared to force private insurers to pay for the increase
in insurance premiums for mental disorders, which then will
be passed along to employees in the form of higher costs and
lost take-home pay, the federal government itself is not
included — neither Medicare nor Medicaid are included in the
mandate. Imagine the uproar if payments for these had to be
increased 40 percent or so!
Bruce Wiseman, U.S. national president of the Citizens
Commission on Human Rights, a nonprofit organization
committed to ending abuses in psychiatry, tells Insight:
"The government won't include Medicare and Medicaid in
parity legislation because they know the taxpayers couldn't
afford it — it would break the bank. And even excluding
those programs it will break the bank because mental illness
is subjective."
According to Wiseman, "Numerous studies show psychiatrists
tend strongly to use health-insurance benefits up to the
point that they are exhausted, at which point the patient is
declared cured. For instance, a person is found to have
anxiety disorder up to the insurance cap, whereupon the
psychiatrist tells them they no longer have it. This kind of
diagnosing would milk the system dry. In this legislation,
the government is saying that if there's a million-dollar
cap on treating a patient's cancer then there has to be a
million-dollar cap on treating shyness when it is called
social-anxiety disorder. So once the person gets 'treated,'
the bill reaches the cap and they're pronounced cured. Such
diagnoses will run insurance costs into the stratosphere.
Parity legislation is ripe for abuse if for no other reason
than bogus diagnosis."
The former surgeon general, however, might put an end to the
debate if he were to testify before Congress about what he
wrote in the 1999 report — that there is no known
abnormality in the brain as a marker for any of the
psychiatric diagnoses. Meanwhile, the critics say, they will
continue to insist that until a physical cause of mental
disorder is identified it is not comparable to medical
disease and there should be no government mandate that
insurance companies treat them the same.
Kelly Patricia O'Meara is an investigative reporter for
Insight magazine.
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