Lexology July 31, 2023
Declaring that “too often” health plans and health insurance issuers are not complying with the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), the U.S. Departments of Labor (“DOL”), Health and Human Services, and Treasury (the “Departments”) on July 25 jointly proposed regulations (“Proposed Rule”) that would impose significant obligations on health plans and issuers. The Proposed Rule would revise existing regulations and introduce major new responsibilities, e.g., require plans or issuers to notify their participants in writing whenever one of the Departments has found them to be out of compliance with MHPAEA. On behalf of the Departments, the DOL simultaneously issued a Technical Release document on the data collected to evaluate compliance with nonquantitative treatment limitation (“NQTL”)...
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