Parity in Limbo: The Unsettled State of MHPAEA Rules and Its Effects on Insurers
The Mental Health Parity and Addiction Equity Act (MHPAEA) has been a significant legislative step towards ensuring that mental health and substance use disorder (SUD) benefits are treated equally to medical and surgical benefits. The July 2023 proposed rule changes aimed to further clarify and enforce these parity requirements. However, the Department of Labor (DoL) missed the deadline to finalize these rules, leading to significant uncertainty among insurance coverage providers. Background of MHPAEA and Proposed Rule Changes MHPAEA, originally enacted in 2008, requires that financial requirements (like co-pays and deductibles) and treatment limitations (such as visit limits) applied to mental health or SUD benefits are no more restrictive than those applied to medical/surgical benefits. The July 2023 proposed changes were intended to address ongoing compliance issues and enhance the enforcement of these requirements. Key aspects of the proposed changes included: Clarification of Non-