The U.S. Departments of Labor, Health and Human Services, and Treasury recently issued a statement on enforcement of the final rule concerning the requirements of the Mental Health Parity and Addiction Equity Act (MHPAEA). Due to litigation concerning the MHPAEA, the federal agencies have announced that they are reconsidering the regulations and may rescind or modify them through future rulemaking. The agencies have based this decision on an executive order directing the review of federal regulations to identify those that may “undermine the national interest.”
Challengers of the 2024 regulations claim that the expansion of compliance requirements operates as a benefits mandate that federal agencies may not impose. In response, the federal agencies have requested that the court place the lawsuit on hold while they reevaluate the regulations. Furthermore, the statement indicates that the agencies will not enforce the 2024 regulations or pursue enforcement actions based on compliance failures for at least 18 months following the conclusion of the litigation. However, enforcement relief applies only to the portions of the 2024 regulations that were newly amended or replaced the 2013 regulations. All other aspects of the MHPAEA remain in effect, along with their enforcement mechanisms.
HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.