Key points
- P.L.2019, c.58 applies to New Jersey policies issued or renewed on or after June 10, 2019 and defines mental health conditions as any condition in the DSM.
- Carriers cannot apply copays, visit limits, prior authorization or other limits to mental health care that are more restrictive than those for substantially all medical and surgical benefits.
- Under N.J.S.A. 26:2S-10.8(b), a carrier must approve an in-plan exception when its network has no qualified, accessible and available provider for a medically necessary service.
- Private employer plans that self-insure are not subject to state health insurance laws, and New Jersey's external appeal program does not review their denials.
- Federal parity law applies to group health plans of employers with more than 50 employees, including self-funded plans, and to individual market coverage.
Most people asking this question want to know two things: will my plan pay for an ADHD evaluation, and will it pay for treatment afterward. In New Jersey the honest answer is "usually, on the same terms as other medical care," but only if your plan is one that New Jersey law actually reaches. Many people carry an insurance card from a familiar company and are covered by a plan the state does not regulate at all. This article explains the state law, the federal rules that sit beside it, and how to work out which set applies to you.
Nothing here describes Dr. Shershow's fees or insurance arrangements. The office can tell you the current fees and how insurance works with the practice, and the fees and insurance page has the basics.
What New Jersey law requires
New Jersey's main parity law is P.L.2019, c.58, approved April 11, 2019. According to the Department of Banking and Insurance (DOBI), it applies to policies and certificates of coverage issued or renewed on or after June 10, 2019. It does three things that matter for adult ADHD care.
- It covers every DSM condition. The law replaced the older phrase "biologically-based mental illnesses" with "mental health conditions." DOBI's Bulletin 24-14 says the definition must be at least as broad as any condition referenced in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM). ADHD is diagnosed using DSM-5 criteria, so it falls inside the definition even though the statute never names ADHD.
- It requires the "same terms and conditions." A carrier cannot apply more restrictive quantitative limits (copays, coinsurance, visit caps) or more restrictive non-quantitative limits (prior authorization, medical necessity criteria, network rules) to mental health care than it applies to substantially all medical and surgical benefits.
- It requires reporting. Carriers must file an annual report with DOBI by March 1 showing how their limits on mental health benefits compare with those on medical and surgical benefits.
The law is written into the statutes for each type of carrier: hospital, medical and health service corporations, individual and group health insurers, small employer plans, individual health benefits plans, HMOs, and contracts bought by the State Health Benefits Commission.
Parity does not make care free. Your deductible, copay and coinsurance still apply, as long as they are no worse than for comparable medical care. It does not set what a clinician charges, and it does not require any particular psychiatrist to join your plan's network.
When your network has no one: the in-plan exception
One provision is especially useful when you cannot find an in-network psychiatrist. Under N.J.S.A. 26:2S-10.8(b), a carrier must approve a request for an in-plan exception if its network has no providers who are qualified, accessible and available to perform the specific medically necessary service. Carriers must say this exception exists on the website page that lists network providers and tell members who call to ask about providers. How to use it is covered in what to do when you cannot find an in-network ADHD psychiatrist in New Jersey.
Which rules apply to your plan
The state law only reaches insurance contracts issued in New Jersey and plans the state buys for its own workers. Use this table to find your situation.
| Your coverage | Who oversees it | New Jersey parity law? | Where an appeal ends up |
|---|---|---|---|
| Fully insured employer plan issued in New Jersey | DOBI | Yes | New Jersey's Independent Health Care Appeals Program (IHCAP) |
| Individual plan, on or off Get Covered New Jersey | DOBI | Yes | IHCAP |
| Self-funded employer plan, even if an insurer's name is on the card | U.S. Department of Labor | No; federal rules apply | The plan's own process under federal law, not IHCAP |
| State Health Benefits Program (SHBP) | NJ Division of Pensions and Benefits and the State Health Benefits Commission | Yes, through the State Health Benefits Commission statute | The program's own appeal system, not IHCAP |
| NJ FamilyCare (Medicaid) | NJ Division of Medical Assistance and Health Services | Medicaid has its own rules | See the NJ FamilyCare article |
| Medicare | Federal government | No | Medicare's own appeal system |
For public coverage, see NJ FamilyCare and adult ADHD, Medicare and ADHD care in New Jersey and the State Health Benefits Program and ADHD.
Self-funded plans: the biggest exception
In a self-funded plan, the employer pays claims from its own funds and hires an insurance company only to run the network and process claims. The U.S. Department of Labor states that private-sector employment-based group health plans that self-insure are not subject to state health insurance laws. That means New Jersey's parity statute, its in-plan exception rule and the IHCAP external appeal program do not apply. DOBI's own appeal guidance says IHCAP does not review appeals involving self-funded plans.
You are not left without protection. The federal Mental Health Parity and Addiction Equity Act (MHPAEA) applies to group health plans of private and non-federal governmental employers with more than 50 employees, and the Department of Labor oversees private employer plans. In May 2025 the federal agencies announced they would not enforce the parts of the 2024 federal parity rule that went beyond the earlier rules, so enforcement rests on the statute and the older regulations.
To find out what you have, ask your human resources or benefits office one question: "Is our medical plan fully insured or self-funded?" The answer usually appears in the plan's Summary Plan Description as well.
What "covered" looks like for ADHD in practice
- The evaluation. A psychiatric evaluation is an ordinary outpatient mental health visit. What you pay depends on your deductible, your copay or coinsurance, and whether the clinician is in network. See what an adult ADHD evaluation costs in New Jersey.
- Psychological or neuropsychological testing. Plans differ on whether they cover testing for adult ADHD and whether they require prior authorization. Ask before you schedule it.
- Medication. ADHD medications go through the plan's drug list. A plan may use tiers, prior authorization or quantity limits, but under parity those tools cannot be applied to mental health drugs more strictly than to comparable medical drugs. See ADHD medication costs in New Jersey.
- Out-of-network care. Many plans pay something toward out-of-network visits and many pay nothing. How reimbursement is calculated is covered in out-of-network reimbursement in New Jersey.
Questions to ask your plan before booking
- Is my plan fully insured in New Jersey, self-funded, or issued in another state?
- What is my cost for an outpatient psychiatric evaluation and for follow-up visits, in network and out of network?
- Have I met my deductible this year?
- Does psychological testing for ADHD need prior authorization, and is it covered?
- Is my ADHD medication on the formulary, on which tier, and does it need prior authorization?
- If no in-network psychiatrist is available, how do I request an in-plan exception?
Write down the date, the name of the person you spoke with and the call reference number.
If a claim is denied
Start with the plan's internal appeal. For plans DOBI regulates, the final step is IHCAP: the request must be in writing and filed within four months of the plan's final internal decision, according to DOBI. DOBI's consumer hotline is 1-800-446-7467, and its line for help filing a complaint is 609-292-7272. The full process, including deadlines, is in appealing an insurance denial for ADHD in New Jersey.
Questions
Does New Jersey law specifically mention ADHD?
No. The law covers mental health conditions, defined as any condition referenced in the DSM. ADHD is diagnosed using DSM-5 criteria, so it is included without being named.
My card says Horizon or Aetna. Does that mean New Jersey law applies?
Not necessarily. Many large employers are self-funded and hire an insurance company only to administer the plan. Those plans are governed by federal law, not New Jersey insurance law. Ask your benefits office whether the plan is fully insured or self-funded.
Does parity mean my ADHD visits will be free?
No. Parity means your costs and limits for mental health care cannot be worse than for comparable medical care. Deductibles, copays and coinsurance still apply. It also does not require any specific psychiatrist to be in your network.
Can my plan require prior authorization for ADHD medication?
It can use prior authorization, tiers and quantity limits, but under New Jersey and federal parity rules those tools cannot be applied to mental health drugs more strictly than to comparable medical drugs. Ask your plan for the specific criteria in writing if a request is denied.
What if my plan has no in-network psychiatrist available?
For New Jersey-regulated plans, the carrier must approve an in-plan exception when its network has no qualified, accessible and available provider for the medically necessary service. Ask member services how to request one and keep a record of the call.
Sources
- NJ Department of Banking and Insurance: Bulletin 24-14, Coverage for mental health conditions and substance use disorders (P.L.2019, c.58 and P.L.2022, c.33)
- New Jersey Legislature: P.L.2019, c.58 (approved April 11, 2019)
- U.S. Department of Labor: Technical Release 2014-01, Guidance on state regulation of stop-loss insurance
- CMS: The Mental Health Parity and Addiction Equity Act (MHPAEA)
- APA Services: Nonenforcement of the 2024 mental health parity rule (May 2025)
- NJ Department of Banking and Insurance: Utilization management appeals questions and answers (IHCAP)
- NJ Department of Banking and Insurance: Consumer information and hotline
- American Family Physician: Attention-deficit/hyperactivity disorder in adults (August 2024)
