Lexology September 17, 2024
The DOL, Treasury Department, and HHS recently released final rules amending regulations implementing the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”) and also adopting new regulations implementing the nonquantitative treatment limitation (“NQTL”) comparative analysis requirement added by the Consolidated Appropriations Act, 2021.
The final rules contain a number of new requirements, including:
- Employer-sponsored group health plans must collect and evaluate data to assess the impact of NQTLs on access to mental health and substance use disorder benefits and medical/surgical benefits and address any material differences in this access resulting from the NQTLs.
- The NQTL comparative analysis must include a certification by a named fiduciary that they have (i) engaged in a prudent process to select one...
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