March 2010 Bulletin, "MHPAEA Regulations Released"

Abstract

Last month, the Departments of Labor, Treasury and Health and Human Services jointly released interim final regulations implementing provisions of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). These regulations are effective on April 5, 2010.

The key issues addressed in the regulations are:

  • Parity in medical management,
  • A framework for parity comparison, and
  • The prohibiting of specific plan designs.

Plan sponsors that have already done an analysis and made changes to their design may have to revisit the analysis in light of the specific framework set out in the regulations.  They will also have to take a closer look at medical management techniques to make sure they are compatible across all benefits. Third, plan sponsors should work with their attorneys to determine the timing for compliance. Finally, plans may wish to consider providing written comments to the agencies on various issues by May 3, 2010.

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