Asking for a Friend: MHPAEA Edition

NFP Corp.

The Mental Health Parity and Addiction Equity Act (MHPAEA) continues to be an enforcement priority for the Department of Labor, yet many compliance questions remain. 

Agenda 

• History and Overview
• Comparative Analysis
• Enforcement
• Lawsuits
• Common Questions
• Compliance Takeaways 

Key Takeaways 

Employer Considerations 

• MHPAEA is not new but recent guidance means increased enforcement efforts​. 
  • Top DOL enforcement priority for 2024 and beyond​. 
• Plans need to have a comparative analysis prepared to demonstrate compliance with nonquantitative treatment limitations (NQTLs) requirements​. 
  • Employers can’t fix NQTL problems alone (need to justify or remove problematic NQTLs).    ​ 
  • Start by reviewing your plan for red flags.​ 
• Fully insured employer/plan sponsors should communicate with carriers regarding compliance with the comparative analysis requirement​. 
• Self-insured employer/plan sponsors should communicate with their third-party administrator (TPA) and review any administrative services agreements​. 
  • Work with legal counsel to fix any problematic NQTLs​. 
• Pay attention to participant complaints​. 
• Keep an eye out for new developments. 

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