MHPAEA in the Courts

American Bar Association Joint Committee on Employee Benefits [JCEB]

The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) was enacted to prevent group health plans and health insurance issuers that provide mental health or substance use disorder benefits from imposing less favorable benefit limitations on those benefits than on medical/surgical benefits.

Earlier this year, the Departments of Treasury, Labor, and Health and Human Services issued a proposed rulemaking to amend regulations under MHPAEA and implement the 2020 amendments to ERISA section 712 (ERISA's parity provision) mandating written comparative parity analyses. In addition to the regulators, however, the courts are also playing an important role in creating case law around MHPAEA. Courts are hearing and ruling on cases under MHPAEA related to applied behavioral analysis therapy, to treat Autism Spectrum Disorder, residential treatment, and wilderness therapy. This webinar will cover the most recent court decisions and discuss the potential impact upon future cases and decisions.

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