Statement of U.S. Departments of Labor, Health and Human Services, and the Treasury Regarding Enforcement of the Final Rule on Requirements Related to the Mental Health Parity and Addiction Equity Act (May 15, 2025)
Available at https://www.cms.gov/files/document/statement-regarding-enforcement-final-rule-requirements-related-mhpaea.pdf
In connection with litigation challenging the validity of 2024 regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA), the DOL, HHS, and IRS have announced that they are reconsidering the regulations, including whether to rescind or modify the provisions through future rulemaking. The 2024 regulations amended 2013 MHPAEA regulations by expanding compliance obligations to include, among other things, extensive evaluation of outcomes data and adherence to a “meaningful benefit requirement,” that, according to the challengers, is effectively a benefits mandate that the agencies are not authorized to impose. Explaining that the agencies have asked the court to put the lawsuit on hold, the statement provides that the agencies will not enforce the 2024 regulations or otherwise pursue enforcement actions based on compliance failures that occur before a final decision in the litigation, plus an additional 18 months. The enforcement relief applies only to those portions of the 2024 regulations that are new in relation to the 2013 regulations, and the statutory obligations of MHPAEA, as amended by the CAA, 2021 (including the comparative analysis requirement) remain in effect.
EBIA Comment: The agencies note that the reconsideration of the 2024 regulations and the related exercise of enforcement discretion also respond to a presidential order that directed a review of federal regulations to identify those that may undermine the national interest. The nonenforcement policy will be welcome news to plan sponsors and administrators that have faced challenges complying with the new requirements. For more information, see EBIA’s Group Health Plan Mandates manual at Section IX (“Mental Health Parity”). See also EBIA’s Self-Insured Health Plans manual at Section XIII.C.2 (“MHPA and MHPAEA: Mental Health Parity”).
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