Parity Or Bust: Tri-Agencies Propose Sweeping Changes To Mental Health Parity Requirements

On July 25, 2023, the Departments of Health and Human Services, Labor and Treasury ("Tri-Agencies") issued sweeping new guidance on the Mental Health Parity and Addiction Equity Act ("MHPAEA"), including a Proposed Rule, a technical release proposing data requirements and an enforcement safe harbor, and the 2023 MHPAEA Comparative Analysis Report to Congress ("2023 Report to Congress"). Comments on the Proposed Rule and technical release are due October 2.

The Proposed Rule would substantially re-write the existing MHPAEA regulations, which apply to group health plans and health insurance issuers, primarily the rules related to nonquantitative treatment limitations ("NQTLs"). NQTLs – including prior authorization, concurrent review, provider reimbursement, network adequacy, and others – would be required to meet a new three-part test. For the first time, the Proposed Rule would apply the mathematical test that currently applies to financial requirements and