Tri-Agencies Stay Enforcement of the 2024 MHPAEA Final Rules

On May 15, 2025, the Departments of Labor, Health and Human Services (“HHS”) and the Treasury (“the Departments”) issued a nonenforcement policy of the final rules under the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”) that the Departments promulgated last fall (“Requirements Related to the Mental Health Parity and Addiction Equity Act,” 89 Fed. Reg. 77,586 (September 23, 2024)) (“the 2024 Final Rules”). The stay is a response to the lawsuit filed by the ERISA Industry Committee (“ERIC”) in the US District Court for the District of Columbia earlier this year (see our prior Alerts describing the litigation and summarizing the 2024 Final Rules), which challenges various provisions of the 2024 Final Rules on the grounds that they exceed the Departments’ statutory authority, violate the Due Process Clause of the US Constitution and are vague, arbitrary and capricious in violation of the Administrative Procedure Act. Just a few days before, US District Judge Timothy J. Kelly granted the Departments’ motion to hold the ERIC litigation in abeyance while the Departments reconsider whether they should issue a notice of proposed rulemaking rescinding or modifying the regulation through notice and comment rulemaking.

According to the nonenforcement policy, the Departments will not enforce the 2024 Final Rules or otherwise pursue enforcement actions, based on a failure to comply that occurs prior to a final decision in the litigation, plus an additional 18 months. The policy statement makes clear that this relief applies only with respect to those portions of the 2024 Final Rules that are new in relation to the 2013 final rule. Furthermore, the Departments note that MHPAEA’s statutory obligations, as amended by the CAA, 2021, continue to have effect. The announcement concludes by saying that the Departments will undertake a broader reexamination of each department’s respective enforcement approach under MHPAEA, including those provisions amended by the CAA, 2021.

With the 2024 Final Rules on pause, plans and issuers have been directed to refer to the 2013 final rule, the FAQs About Mental Health and Substance Use Disorder Parity Implementation and the Consolidated Appropriations Act, 2021 Part 45 and other sub-regulatory guidance issued by the Departments under MHPAEA. This means that the NQTL comparative analysis requirements that predate the 2024 Final Rules remain in effect, but, for example, the fiduciary certification requirement described in the 2024 Final Rules does not. Despite being overly prescriptive, the 2024 Final Rules were an attempt to address the NQTL comparative analysis requirements that have been a longstanding source of ambiguity and confusion for plans and issuers. In light of the nonenforcement policy, employers should continue to ensure their group health plans comply with the MHPAEA based on the MHPAEA regulations and guidance issued prior to the 2024 Final Rules, including any NQTL comparative analysis requirements imposed by those regulations and guidance.

In light of this uncertainty, we will continue to monitor what the Departments ultimately decide to do about the 2024 Final Rules and whether they will replace them with new formal rulemaking or some other guidance to assist the regulated community going forward.

If you have any questions, please reach out to your usual Ropes & Gray advisor.