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ARTICLE · 16 JULY 2021

Show Your Work: FAQs On Non-Quantitative Treatment Limitation Comparative Analyses

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

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The Departments provided a list of practices and procedures which should be avoided in responding to requests from the Departments and state authorities.

United StatesEmployment and HR
Stephen J. Evans
Stephen J. Evans
Serena F. Yee
Serena F. Yee

Among the requirements under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (the "MHPAEA") group health plans and health insurance issuers must apply any processes, strategies, evidentiary standards or other factors underlying non-quantitative treatment limitations ("NQTLs") to mental health or substance use disorder ("MH/SUD") benefits comparably and no more stringently than to medical/surgical benefits.

The Consolidated Appropriations Act, 2021 ("CAA") included provisions designed to enhance transparency with respect to compliance with the MHPAEA, including a requirement that group health plans and health insurance issuers perform and document comprehensive NQTL comparability analyses. We previously summarized the CAA's requirements in our Q1 2021 Newsletter, available by clicking here.

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