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ARTICLE · 21 MAY 2025

UPDATE – Departments Issue Nonenforcement Policy Statement!

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On May 15, 2025, the Departments of Labor, Treasury, and Health and Human Services issued their anticipated nonenforcement policy regarding the 2024 Mental Health Parity regulations.

United StatesEmployment and HR
Monique Warren
Monique Warren

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On May 15, 2025, the Departments of Labor, Treasury, and Health and Human Services issued their anticipated nonenforcement policy regarding the 2024 Mental Health Parity regulations. As expected, nonenforcement is applicable "only with respect to those portions of the 2024 Final Rule that are new in relation to the 2013 final rule." (Emphasis added.) The Departments reiterated that "MHPAEA's statutory obligations, as amended by the CAA, 2021, continue to have effect." Thus, the requirement to perform and document comparative analyses of health plans' nonquantitative treatment limitations remains in effect, but the requirement for a plan fiduciary to certify that it complied with its fiduciary duties in selecting and monitoring a service provider to perform and document the comparative analyses will not be enforced

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