The Mental Healthcare Act 2017

Mental Healthcare Act 2017: The law and the insurance coverage

Info
The Mental Healthcare Act, 2017 establishes a rights-based framework where mental healthcare is treated as a fundamental right, focuses on dignity, autonomy, and equality, and makes the state responsible for providing accessible mental health services.

The Mental Healthcare Act, 2017 (MHCA 2017) is a law passed by the Government of India that came into force on 7 July 2018. It replaced the older Mental Health Act of 1987. The Act was designed to bring India in line with international conventions, especially the UN Convention on Rights of Persons with Disabilities (UNCRPD), and to make mental healthcare more accessible, rights-based, and humane.

Key Objectives of the Act

  • To provide mental healthcare and services for persons with mental illness.

  • To protect, promote, and fulfill the rights of such persons.

  • To ensure mental illness is treated with dignity and without discrimination.

  • To shift the approach from custodial care to a patient-centric, rights-based framework.

Rights of Persons with Mental Illness (PMI)

  • Right to access mental healthcare: Affordable, good quality services at government expense if the person cannot afford them.

  • Right to community living: No long-term confinement in institutions unless medically necessary.

  • Right to protection from inhuman treatment: Respect for dignity, privacy, and freedom from cruel, degrading treatment.

  • Right to confidentiality: Mental health information cannot be disclosed without consent (except in specific situations).

  • Right to legal aid: Free legal services for persons with mental illness.

  • Right to equality & non-discrimination: No denial of treatment based on gender, caste, religion, economic or social status.

Section 21(4) of the Act says:
“Every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is available for treatment of physical illness.”

The Insurance Regulatory and Development Authority of India (IRDAI) later directed all health insurers (from 2018 onward) to include mental health conditions in their health insurance policies.

🔹 What Mental Illnesses are Covered

Policies generally cover clinical, diagnosable psychiatric conditions (not just counseling). Examples include:

  • Mood Disorders: Depression, Bipolar disorder

  • Anxiety Disorders: Panic disorder, Phobias, Generalized anxiety disorder, OCD (Obsessive Compulsive Disorder)

  • Psychotic Disorders: Schizophrenia, Schizoaffective disorder, Delusional disorder

  • Neurodevelopmental Disorders: Autism spectrum disorder, ADHD, Learning disabilities (coverage varies)

  • Substance Use Disorders: Alcohol and drug dependence (rehabilitation may be limited or capped)

  • Eating Disorders: Anorexia nervosa, Bulimia

  • Other Disorders: PTSD (Post-Traumatic Stress Disorder), Personality disorders, Dementia, etc.

What to Check Before Buying

Given how much variation there still is, here’s a checklist for what to verify in your specific policy:

  1. Is mental illness explicitly included (in-patient, out-patient, therapy, medications)?

  2. Which mental illnesses are covered (diagnosed depression, anxiety, bipolar, schizophrenia, PTSD, dementia, etc.).

  3. Is outpatient care / counseling / therapy included or excluded? If included, how many sessions per year, which practitioners are accepted (clinical psychologists, psychiatrists, counselors)?

  4. Is there a waiting period for mental health conditions (especially for pre-existing conditions)?

  5. Hospitalization duration requirement (e.g. must stay ≥ 24 hours) to get benefits.

  6. Network hospitals vs reimbursement – whether treatment must be in an empanelled hospital or clinic.

  7. Sum Insured and sublimits – are there lower caps for mental illness treatment, room rent, etc?

  8. Exclusions – substance / alcohol / drug abuse related mental conditions, self-harm, etc.

  9. Premium loading or underwriting terms if you already have or had mental illness.

  10. Renewability – life-long renewability, or limits based on age / condition.


Source - Chatgpt.com prompts






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