Prefer to listen instead of read? No problem! Listen to the blog post at any time by clicking here.
On May 12, a federal court granted a request from the Departments of Labor, Health and Human Services, and Treasury (“the Departments”) to pause litigation regarding the 2024 Mental Health Parity & Addiction Equity Act (MHPAEA) final rule while the Departments reconsider whether to modify or rescind the rule through new proposed rulemaking. Then, on May 15, the Departments announced a temporary non-enforcement period for the 2024 MHPAEA final rule, effective immediately, that will remain in place through the eighteenth month after a final court decision is made, giving employers time to comply accordingly. The non-enforcement statement can be found here.
While enforcement efforts for the 2024 MHPAEA final rule are paused, employers do not have to comply with the new fiduciary certification requirement, certain new definitions, the requirement to provide meaningful benefits, and the requirement to collect and analyze relevant data as part of the written comparative analysis.
However, the Departments have made it clear that the framework for MHPAEA that existed prior to the 2024 MHPAEA final rule is unaffected, including:
- The 2013 final rule (e.g., classifications for benefits, substantially all and predominant level tests for financial requirements and quantitative treatment limitations (QTLs), and the concept of parity for non-quantitative treatment limitations (NQTLs);
- Guidance and FAQs issued since the 2013 final rule; and,
- The written comparative analysis requirement for NQTLs added by Congress in the Consolidated Appropriations Act of 2021.
Therefore, employers should continue to design and administer their group health plans in accordance with MHPAEA, test their QTLs for parity, and maintain a current NQTL written comparative analysis in case of agency audit or participant request. It is only those additional requirements introduced in the fall of 2024 that are subject to the Departments’ non-enforcement provision, and we expect that federal employer audits for compliance with the preexisting MHPAEA rules will continue. We will carefully monitor this situation and provide updates as they become available.
Please follow this link or reach out to us at engage@mzqconsulting.com for more information about our MHPAEA compliance services.
© 2025 MZQ Consulting, LLC. All rights reserved.
Content provided to Q4intelligence members by MZQ Consulting, LLC
Photo by paylessimages