Lexology August 16, 2023
On July 25, 2023, the Departments of Health and Human Services, Labor and Treasury (Departments) issued sweeping new guidance on the Mental Health Parity and Addiction Equity Act (MHPAEA), including the 2023 MHPAEA Comparative Analysis Report to Congress (2023 Report to Congress), Proposed Rules, and a Technical Release.
MHPAEA was enacted in 2008. It generally requires that a group health plan’s financial requirements and treatment limitations applicable to mental health benefits or substance use disorder benefits be ‘‘no more restrictive’’ (as written in the plan or as applied) than the predominant requirements and limitations applicable to substantially all medical/surgical benefits. The Departments published MHPAEA regulations in 2013. These regulations specify that the parity requirements apply to financial requirements, such as...
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