Lexology August 7, 2023
On July 25, 2023, the Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) proposed rules designed to strengthen the Mental Health Parity and Addiction Equity Act’s (“MHPAEA”) goal of ensuring people seeking treatment for mental health and substance use disorders (“MH/SUD”) face no greater barriers to accessing care than those seeking treatment for medical and surgical (“M/S”) conditions.
The new regulations focus primarily on nonquantitative treatment limitations (“NQTL”) through (1) the application of rules implementing new NQTL comparative analysis requirements, including the evaluation of standards related to network composition, out-of-network reimbursement rates, and prior authorization NQTLs; (2) amendments to existing NQTL standards, which would require plans and issuers to collect and review outcomes data to assess...
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