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Kilpatrick Townsend Comment Letter to DOL and IRS on Treatment of Employee Assistance Programs Under Mental Health Parity and Addiction Equity Act of 2008 (PDF)
Kilpatrick Townsend 
[Opinion] May 29, 2009
5 pages. Excerpt: I ... recommend that for purposes of MHPAEA compliance you do not require that the EAP be aggregated with the employer's traditional group health plan providing medical and mental health benefits.... [and] that you allow employers the option of requiring its employees to use the EAP first for those services covered by the EAP (i.e., outpatient counseling) before the employee can use the mental health services covered by the employer's traditional group health plan.
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