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[Official Guidance]
Text of Agency Final Regulations: Requirements Related to the Mental Health Parity and Addiction Equity Act (PDF)
538 pages. "[T]hese final rules amend the existing NQTL standard to prohibit group health plans and health insurance issuers offering group or individual health insurance coverage from using NQTLs that place greater restrictions on access to mental health and substance use
disorder benefits as compared to medical/surgical benefits. As part of these changes, these final rules require plans and issuers to collect and evaluate relevant data in a manner reasonably designed to assess the impact of NQTLs on relevant outcomes related to access to mental health and substance use disorder benefits and medical/surgical benefits and to take reasonable action, as necessary, to address material differences in access to
mental health or substance use disorder benefits as compared to medical/surgical benefits. ... Additionally, these final rules set forth the content requirements for NQTL comparative analyses and specify how plans and issuers must make these comparative analyses available to the Department of the Treasury, the [DOL], and [HHS], as well as to an applicable State authority, and to participants, beneficiaries, and enrollees. Finally, HHS
finalizes regulatory amendments to implement the sunset provision for self-funded non-Federal governmental plan elections to opt out of compliance with MHPAEA, as adopted in the Consolidated Appropriations Act, 2023.... "After reviewing the comments received during the
comment period, the Departments are finalizing the proposed rules, with some changes ... [S]ince the 2013 final regulations, the Departments repeatedly sought input from interested parties on MHPAEA's requirements; therefore, the Departments decline to withdraw the proposed rules or initiate a new rulemaking process after soliciting additional input from interested parties.... [T]he amendments made by these final rules are
faithful to MHPAEA's parity requirements and sensitive to the flexibility plans and issuers have in designing benefits for group health plans and health insurance coverage." MORE >>
U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; and U.S. Treasury Department
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Administration Lowers Mental Health Care Costs by Improving Access to Mental Health and Substance Use Care
"Today's final rule strengthens consumer protections by reinforcing MHPAEA's fundamental purpose that all Americans should have the same access to mental health and substance use benefits as they do physical health benefits.... Specifically, the final rule will:
[1] Require health plans to make changes when they are providing inadequate access to mental health and substance use care ... [2] Make it clear what health plans can and cannot do. ... [3] Close existing loopholes." MORE >>
Executive Office of the President
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[Opinion]
Administration Puts Paperwork Over Patients
"These rules do nothing to improve mental health care access and instead put paperwork over patients. Reporting regulations cannot be more important than workers’ mental health." MORE >>
Committee on Education and the Workforce, U.S. House of Representatives
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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