Mental Health Parity under the Microscope

It’s been 15 years since the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (110-343, Title V) was enacted, regulating behavioral health benefits provided through group health plans and policies, and requiring general equivalence between mental health and substance use disorder benefits (MH/SUDs) to those provided under the plan for other health and surgical benefits. Compliance appears to require a nudge forward.

Read now »

Related Content

• Mental Health Parity and Addiction Equity Act Compliance for Employer Health Plans
  See how the MHPAEA generally prevents health plans and policies that cover MH/SUD benefits from imposing less favorable terms on those benefits than on medical and surgical benefits. Section 203 of Div. BB of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260) imposed requirements on certain group health plans to perform compliance analyses to ensure they do not impose a Non-Quantitative Treatment Limitation (NQTL) (i.e., a process, strategy, evidentiary standard, or other criteria that may limit the scope or duration of benefits for plan services provided) that imposes a condition that is more restrictive than the terms for medical or surgical benefit.

Practical Guidance Updates 
Featuring the latest updates from your Practical Guidance account.    

• Employee Benefits & Executive Compensation Key Legal Developments Tracker
  Stay informed on new developments.
  • ERISA. Following SECURE 2.0 Act, and its Section 321 mandate to review Interpretive Bulletin 95-1(relating to ERISA fiduciary standards when selecting an annuity provider for a defined benefit pension plan), EBSA's ERISA Advisory Council issues consultation paper suggesting that DOL (1) review the IB and consult with the Council to determine whether amendments to IB 95-1 are warranted, and (2) report to Congress on the findings of such review and consultation, including an assessment of risk to participants. ERISA Advisory Council, EBESA Interpretative Bulletin 95-1 consultation paper.
  • Health and Welfare Plans. Agencies (IRS, DOL, HHS, CMMS) propose regulations and provide technical release on how employer health plans can impose so-called nonquantitative treatment limits on coverage for behavioral health. These limits restrict health care coverage by requiring prior authorization or concurrent review, where a patient is evaluated for coverage while hospitalized or admitted to an inpatient facility. The proposed rules would require plans to collect detailed data and evaluate requirements to comply with federal mental health parity laws. 88 Fed. Reg. ___ (prepublication draft); HHS, Technical Release 2023-01P; MHPAEA Comparative Analysis Report to Congress, July 2023.
• Generative Artificial Intelligence (AI) Resource Kit is a collection of current guidance on generative AI, ChatGPT, and similar tools.
• Public Interest, Pro Bono, and Non-Profit Resource Kit provides an overview of guidance for those working in the public interest space seeking resources to assist with a variety of issues, including Tenant's Rights, Fair Housing, Discrimination, Immigration, plus best practices when providing pro bono legal services and when working with nonprofit organizations.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts. 
• The Practical Guidance Journal Second Edition 2023 includes legal developments on generative AI, cautions related to the use of AI in hiring and assessing, and the new challenges long COVID presents for employers.
• Check out the new Practical Guidance Author Center! Learn about the 1750+ leading attorney authors contributing to our 24 practice areas, and find out how you can Become a Practical Guidance Author. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.  
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content. 
• Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: AI, NFTs, Cannabis, and more.
• New and Updated Practical Guidance Content
  • Who Do I Need to Sue to Get a Decent Cup of Coffee? Jittery Fiduciaries Consider Options as Health Plan Litigation Froths Up
  • New York Non-compete Ban Goes to Governor
  • ‘Clawing Back’ Executive Compensation: Companies Listed on the NYSE and Nasdaq Have Until December 1 to Adopt a Compensation Recovery Policy
  • Covid-19 Health Plan Relief Dies Down
  • ACA and HIPAA Excepted Benefits

PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB

Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+