- Posts by Devon Minnick
AssociatePayors, providers, and risk-bearing entities call on attorney Devon Minnick to provide legal and strategic advice as they navigate the complexities of state and federal managed care and value-based payment laws while minimizing ...
On May 9, 2025, the Departments of Labor, Health and Human Services, and Treasury (collectively, “the Departments”) asked the D.C. federal court to suspend a lawsuit to challenge the legality of the 2024 Rule on the Mental Health Parity and Addiction Equity Act (MHPAEA) while the Departments consider whether to rescind or modify the 2024 Rule.[1] On May 15, 2025, the Departments released a public statement that they will not enforce the 2024 Final Rule prior to a final decision in the litigation, plus an additional 18 months after the decision.
The public statement on May 15 provides further details regarding the scope of the non-enforcement policy, including clarification that the 2013 MHPAEA rules remain in effect, as does plans’ obligation to develop comparative analyses of non-quantitative treatment limits (“NQTLs”). However, the Departments have not yet provided any indication of the timeline for publishing a notice of proposed rulemaking to rescind or modify the 2024 Rule, and most likely it will take some time for the Departments to determine how exactly the new rule should be designed to better implement the statutory requirements.
Recent Updates
- The Second Circuit Joins Fellow Circuits in Extending Limitations on Mandatory Arbitration Agreements
- Updating Your First Aid Kit: What Employers Need to Know About Opioid Antagonist Requirements in New York
- New DOL Guidance Reiterates Key Priorities for MHPAEA Enforcement
- Shh! Press the Button: New York State DOL Proposes Silent Response Button Rules for Retail Workplace Violence Prevention
- New Jersey’s Employer Response Portal: What You Need to Know