Lexology September 17, 2024
The US Departments of the Treasury, Labor, and Health and Human Services (the Departments) recently issued much-anticipated final regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). The newly issued final regulations update the 2013 final regulations principally to reflect the changes to MHPAEA enacted by the Consolidated Appropriations Act, 2021 (CAA 2021), which requires plans and issuers to formally analyze and compare nonquantitative treatment limitations (NQTLs) as they apply to both mental health and substance use disorder (MH/SUD) benefits and medical/surgical (M/S) benefits.
The changes in the final regulations largely take effect in 2025, with the effective date for some provisions delayed until 2026. Although the final regulations may face litigation challenges, considering the recent decision in...
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