Insurance department reports rise in parity complaints; one company found with MHPAEA violations

Officials from the Tennessee Department of Commerce and Insurance briefed the House Insurance Committee on the department’s 2026 mental health parity (MHPAEA) report. Assistant Commissioner Scott McNally and Director Will Kirby outlined the division’s enforcement tools — policy analysis, examinations and consumer insurance services — and said consumer parity complaints increased to 15 in calendar year 2025 from five the prior year.

"Consumer complaints were up in the '26 report. So we had 5 last year. We're up to 15 this year," Assistant Commissioner Scott McNally said when describing outreach and complaint volume. Director Will Kirby said the division’s examinations work had identified problems: "The sole company that was subject to the mental health parity laws... that was examined in 2025 had 3 findings regarding MHPAEA violations," he said and directed members to the posted report and exam documents for technical details.

Committee members asked about whether coverage and reimbursement changes led to price increases, whether provider participation had changed, and how complaints were handled. Officials said rates have risen over years, network adequacy and provider participation have generally increased, and Consumer Insurance Services acts as a mediator for individual complaints; external review under the Affordable Care Act remains an option in some cases. The department also said it is expanding enforcement resources and pursuing a behavioral-health parity auditor designation for examinations staff when available.