Agencies release long-awaited mental health parity guidance

On July 25, 2023, the U.S. Departments of Labor, Health and Human Services, and Treasury published multiple pieces of much-awaited mental health parity guidance:

• Proposed regulations on requirements related to the Mental Health Parity and Addiction Equity Act,
• Technical Release 2023-01P detailing proposed data requirements under a special rule for non-quantitative treatment limitations,
• 2023 MHPAEA Comparative Analysis Report to Congress, and
• FY 2022 MHPAEA Enforcement Fact Sheet

This Alert summarizes the guidance and applies to any employer sponsoring a medical/Rx plan that provides benefits for mental health and/or substance use disorder benefits, but it is particularly relevant for employers sponsoring self-insured plans.