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A Current Roadmap for Complying with Mental Health Parity Laws

Monique Warren © Jackson Lewis
6 1 minute read

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​Most employers know that if a group health plan provides mental health or substance use disorder (MH/SUD) benefits in any of six specified classifications, the plan must provide MH/SUD benefits in all specified classifications in which the plan provides medical or surgical benefits.

Additionally, the 2008 Mental Health Parity and Addition Equity Act (MHPAEA) requires plans to ensure that the financial requirements and treatment limitations imposed on MH/SUD benefits are no more restrictive than those imposed on medical or surgical benefits. While the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), which enforces employer-sponsored plans’ compliance with the MHPAEA, has issued multiple compliance navigation guides, the truth is that the guidance issued to date has lacked sufficient detail and failed to account for the actual circumstances necessary to be helpful to employers. Meanwhile, EBSA is investigating employer plans for compliance, publicly naming those that it deems fall short, and encouraging plan participants to demand written disclosures of details that are largely unavailable.

Road and Navigation Systems Are Under Construction

EBSA has issued multiple requests for comments and guidance over the past couple of decades in connection with the MHPAEA. EBSA’s guidance includes 2013 final regulations, a self-compliance tool, 2019 FAQs (in which it listed examples of nonquantitative treatment limitations), and 2021 FAQs (in which it…

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Monique Warren © Jackson Lewis
6 1 minute read
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Monique Warren © Jackson Lewis

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Moreover, employers should ensure employees are aware of these policies, offer training and resources for compliance, and regularly review and update policies to reflect changes in laws and regulations. By implementing effective policies and procedures, employers can create a culture of compliance and reduce the likelihood of legal disputes, resulting from global talent acquisition initiatives. Ensuring Fair Employment Practices Employers must adhere to fair employment practices and avoid discriminatory practices in all aspects of the employment relationship, including recruitment, hiring, promotion, compensation, and termination. This includes ensuring equal opportunities for all employees and applicants regardless of race, color, religion, sex, national origin, age, disability, or other protected characteristics. Employers should also accommodate employees with disabilities and ensure a workplace free from harassment. 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