Health Law Advisor

On May 9, 2025, the Departments of Labor, Health and Human Services, and Treasury (collectively, “the Departments”) asked the D.C. federal court to suspend litigation while they consider whether to rescind or modify the 2024 Rule implementing the Mental Health Parity and Addiction Equity Act (MHPAEA). As part of the request, the Departments indicated that they will suspend enforcement of the 2024 Rule.

The 2024 Rule was issued to implement revisions to the MHPAEA statute that were passed as part of the Consolidated Appropriations Act of 2021 (“CAA”) to add specific requirements for the development and enforcement of comparative analyses for non-quantitative treatment limits (“NQTLs”). The Departments’ enforcement suspension was announced as a part of a motion to hold in abeyance a legal challenge to the statutory basis for the 2024 Rule that was filed by the ERISA Industry Committee (“ERIC”) on January 17, 2025.

In this episode of the Diagnosing Health Care Podcast:  The Departments of Labor, Health and Human Services, and the Treasury jointly released a set of frequently asked questions (“FAQs”) related to recent changes made to the Mental Health Parity and Addiction Equity Act effective as of February 10, 2021, and enacted by the Consolidated Appropriations Act at the end of 2020. Accordingly, health plans and insurers must ensure that they understand, and are prepared to provide regulators with documentation of their compliance with, parity requirements on at least a small ...