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The Mental Healthcare Act, 2017 requires insurance coverage for mental illness on par with physical illness, operationalizing right to health under Article 21 by ensuring mental health is not treated as secondary to physical health.
- True
- False
Answer: True
Mental health parity and right to health: (a) Constitutional basis: Article 21 (right to health) interpreted to include mental healthcare; Mental Healthcare Act, 2017 operationalizes this right, (b) Mental health parity provision: Section 21(4) of Mental Healthcare Act, 2017: (i) Requires insurance coverage for mental illness on par with physical illness, (ii) Prohibits discrimination in insurance premiums, coverage limits based on mental illness, (iii) Ensures mental healthcare not treated as secondary to physical healthcare, (c) Applications: (i) Insurance regulation: IRDAI guidelines require insurers to comply with mental health parity, (ii) Access: Ensuring affordable mental healthcare through insurance coverage, reducing financial barriers, (iii) Awareness: Public education about mental health rights, insurance coverage, (d) Challenges: (i) Implementation: Ensuring insurers comply with parity requirements, especially in private sector, (ii) Awareness: Beneficiaries informed about mental health coverage, claim procedures, (iii) Capacity: Mental healthcare infrastructure to meet increased demand from insurance coverage, (e) Illustrates transformative constitutionalism: Article 21 interpreted to require parity between mental/physical health; statutory framework operationalizes right to health with institutional mechanisms for enforcement.