Federal agencies announced that they will not enforce portions of a final rule relating to the Mental Health Parity and Addiction Equity Act, adopted in 2024.
The U.S. Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (“Departments”) have issued a Statement announcing that they will not enforce portions of a final rule relating to the Mental Health Parity and Addiction Equity Act (“MHPAEA”), which was adopted in 2024.
Specifically, the Departments will not enforce the 2024 Final Rule or otherwise pursue enforcement actions, based on a failure to comply that occurs prior to a final decision in pending litigation, plus an additional 18 months. This enforcement relief applies only with respect to those portions of the 2024 Final Rule that are new in relation to the 2013 Final Rule. The Departments note that MHPAEA’s statutory obligations, as amended by the Consolidated Appropriations Act, 2021 (CAA, 2021), continue to have effect. HHS encouraged states that are the primary enforcers of MHPAEA with respect to issuers to adopt a similar approach to enforcement. HHS will not consider a state to be failing to substantially enforce MHPAEA, as amended, because the state adopts such an approach.
The Departments will also undertake a broader reexamination of each department’s respective enforcement approach under MHPAEA, including those provisions amended by the CAA, 2021. Plans and issuers may continue to refer to the 2013 Final Rule, FAQs About Mental Health and Substance Use Disorder Parity Implementation and the Consolidated Appropriations Act, 2021 Part 45, and other subregulatory guidance issued by the Departments under MHPAEA. However, in connection with the process of reconsidering the 2024 Final Rule, the Departments may make updates to the subregulatory guidance implementing MHPAEA, including FAQs Part 45.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.