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Rejected · Mental illness · Psychiatric treatment

Mental health or psychiatric claim rejected by insurance? Your rights in India

Insurers once routinely excluded mental illness. The law now says it must be treated on the same basis as physical illness.

By the MediclaimSaathi team Updated 8 November 20266 min read

Quick answer

The Mental Healthcare Act, 2017 requires insurers to provide medical insurance for treatment of mental illness on the same basis as for physical illness, and IRDAI later directed insurers to follow it. A blanket exclusion of mental illness is therefore hard to defend. Valid terms that apply to every illness, such as waiting periods, in-patient requirements and sum insured limits, can still apply. Ask for the exact reason in writing, get the psychiatrist’s discharge summary and treatment notes, and send a grievance. If it is not resolved in 30 days, use Bima Bharosa and the Insurance Ombudsman.

What the law says

The Mental Healthcare Act, 2017 says insurers must make provision for medical insurance for treatment of mental illness on the same basis as physical illness. IRDAI followed with a direction to insurers to comply.

In practice, “parity” means a mental illness claim should not be refused only because it is a mental illness. Ordinary policy terms still apply, such as the waiting period, the sum insured and the need for in-patient admission.

Reasons used to refuse these claims

  • A blanket “mental illness excluded” clause in an older policy.
  • Treatment treated as outpatient (OPD) rather than in-patient.
  • Pre-existing condition or non-disclosure alleged.
  • Not medically necessary or documentation missing.
  • Treatment at a facility the insurer does not recognise.

How to challenge it

  1. 1Get the reason in writingAsk for the clause relied on and whether it is a blanket exclusion or an ordinary term.
  2. 2Gather the medical recordDischarge summary, diagnosis, treatment plan, psychiatrist’s certificate on why admission was needed, and bills.
  3. 3Quote the parity ruleRefer to the Mental Healthcare Act, 2017 and ask why the claim is treated differently from a physical illness.
  4. 4Write to the Grievance Redressal OfficerAttach the documents and state the amount you want.
  5. 5EscalateAfter 30 days of silence or a rejection, use Bima Bharosa and the Insurance Ombudsman within one year.

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Frequently asked questions

Is mental illness covered by health insurance in India?+

The Mental Healthcare Act, 2017 requires insurers to cover it on the same basis as physical illness. Ordinary policy terms still apply.

Can an insurer exclude psychiatric treatment completely?+

A blanket exclusion is hard to defend after the Act and IRDAI’s direction. Ask the insurer to explain the clause in writing.

Is outpatient psychiatric treatment covered?+

Usually only if your policy has an OPD benefit. Most policies cover in-patient admission.

Who decides if admission was necessary?+

The treating psychiatrist’s certificate and records are key evidence. Attach them to your grievance.

Related guides

Sources

This guide is general information, not legal advice. Rules change; always check the current IRDAI circulars and your policy wording. MediclaimSaathi is a document-preparation platform, not a law firm, insurer or broker.

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