DOL Seeks Public Mental Health and Addiction Law Comments

The Departments of Labor, Treasury, and Health and Human Services recently announced publication of a request for information (RFI) soliciting public comments in advance of developing rulemakings on group health plans. The RFI is published in the April 28 Federal Register.

The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) creates new rules for any financial requirement (e.g., cost-sharing) or treatment limitations (e.g., visit limits) on mental health and substance use disorder benefits so that they are no more restrictive than predominant requirements or limitations applied to substantially all medical and surgical benefits covered by a plan. MHPAEA also reauthorized several provisions relating to parity in annual and lifetime dollar limits for group health plan coverage enacted as part of the Mental Health Parity Act of 1996.

The RFI seeks public comments on such issues as the:

  • Types of financial requirements or treatment limits plans currently impose.
  • Terms in the statute that require additional clarification to facilitate compliance.
  • Current disclosure practices by plans regarding medical necessity determinations and denials of mental health benefits.
  • Current practices regarding out-of-network coverage for mental health benefits.

Written comments responding to the MHPAEA RFI may be addressed to the U.S. Department of Labor, Office of Health Plan Standards and Compliance Assistance, Employee Benefits Security Administration, N-5653, 200 Constitution Ave. N.W., Washington, D.C. 20210, Attn: MHPAEA Comments. The public also may submit comments electronically by e-mail to E-OHPSCA.EBSA@dol.gov or through the federal e-rulemaking portal at www.regulations.gov.

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