Helaine I. Fingold, Kevin J. Malone, David Shillcutt, and Bailey N. Wendzel, attorneys in the Health Care & Life Sciences practice, co-authored an article in the Benefits Law Journal, titled “2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts.”

Following is an excerpt (see below to download the full version in PDF format):

The U.S. Department of Labor (“DOL”), Department of Health and Human Services, and Department of the Treasury (collectively, “Departments” or “Regulators”) have released their 2022 Annual Report to Congress on the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), titled “Realizing Parity, Reducing Stigma, and Raising Awareness: Increasing Access to Mental Health and Substance Use Disorder Coverage” (“Report”).

The Report was issued to meet the statutory requirement that the Departments issue an annual report to Congress detailing their parity enforcement findings. MHPAEA was amended by the Consolidated Appropriations Act, 2021 (“CAA”), to impose a requirement on group health plans and health insurance issuers that they perform and document comparative analyses of their use of non-quantitative treatment limitations (“NQTLs”) to affirmatively establish that they are implementing them in a non-discriminatory manner. The CAA amendments also gave the Departments the authority to request health plans and issuers to submit their NQTL comparative analyses and supporting documentation for review. The Departments used the Report – the first annual report since the passage of the CAA – to share their findings from recent investigations and to provide further guidance to plans and issuers on what they are expecting from an adequate comparability and stringency analysis. …

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.