The Department of Labor (DOL) has proposed updates to a self-compliance tool to help improve compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA). The MHPAEA requires parity between a group health plan’s mental health and substance use disorder (MH/SUD) benefits and medical and surgical benefits.
Federal law directs the DOL to make a document publicly available to improve compliance with MHPAEA, and to update this document every two years. The DOL last updated the MHPAEA self-compliance tool in April 2018. The proposed updates to the self-compliance tool include:
- New guidance from FAQs Part 39 on MHPAEA compliance;
- More compliance examples, including explanations of how violations of the MHPAEA can be corrected;
- Best practices for establishing an internal compliance strategy that promotes the prevention, detection and resolution of potential MHPAEA violations; and
- Additional examples of treatment limitations encountered in recent enforcement efforts that may be warning signs of a potential MHPAEA violation.
The DOL is requesting comments on the proposed revisions by July 24, 2020. After considering all feedback, the DOL will issue a final self-compliance tool with any necessary clarifications in response to the comments.
Employers should consider using the DOL’s mental health parity resources to understand the MHPAEA’s requirements and review their plan designs for compliance.
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