In a Law360 article, attorneys analyzed key changes and takeaways of mental health parity rules for plan sponsors and health insurers.
The U.S. Departments of Treasury, Labor, and Health and Human Services recently released final rules implementing the nonquantitative treatment limitation comparative analyses requirements under the Mental Health Parity and Addiction Equity Act of 2008, in accordance with the amendments made to the law in 2021.
These requirements prohibit group health plans and health insurance issuers from using nonquantitative treatment limitations that place greater restrictions on access to mental health and substance use disorder benefits as compared to medical and surgical benefits.
Given the U.S. Supreme Court’s reversal of the Chevron doctrine, the prospect of legal challenges seems likely.
Regardless of the uncertainty, the authors note that plans and issuers should become familiar with these requirements now and develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses. The regulations are set to take effect beginning Jan. 1, 2025 for some provisions, and Jan. 1, 2026, for others.
The article was authored by health care partner Devin Cohen, Benefits Consulting Group principal Harvey Cotton, ERISA and benefits associate Jonathan Reinstein, health care associates Emma Coreno and Timothy Rozier-Byrd and employment & benefits associates Christine Rosenblatt and La’Dericka Hall.
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