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Final Regs Issued on Mental Health Parity and Addiction Equity Act of 2008
Proskauer Rose LLP Link to more items from this source
[Guidance Overview]
Dec. 2, 2013

"Employers should review their provisions in their plans to confirm that there is parity between mental health/substance use disorder benefits and medical/surgical benefits in the six benefits classifications and permissible subclassifications. In particular, if the employer relied on the exception for clinically appropriate standards of care, which has been eliminated, the employer should revisit the variation in benefits and determine whether it is permissible under the final regulations. If an employer contracts with a managed behavioral health organization (MBHO) to provide mental health/substance use disorder benefits, the employer should ensure that it provides the information necessary to the MBHO to ensure compliance with the parity requirements of the MHPAEA. The preamble to the final regulations notes that it is the responsibility of the plan and the issuer to ensure compliance and that the use of an MBHO does not relieve the plan or issuer from their obligations under the MHPAEA."

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