The US Departments of Labor, Health and Human Services, and the Treasury (the Departments) announced their non-enforcement policy on May 15, 2025, indicating they will not enforce any new requirements imposed by the Requirements Related to the Mental Health Parity and Addiction Equity Act (2024 Final Rule) until a final court ruling on a lawsuit filed by the ERISA Industry Committee in the US District Court for the District of Colombia challenging certain provisions of the 2024 Final Rule—plus an additional 18 months. The Departments clarified that the provisions of the final 2013 Mental Health Parity and Addiction Equity Act (MHPAEA) regulations remain in effect, and plan sponsors still have an obligation to produce nonquantitative treatment limitations (NQTLs) comparative analyses as required by the Consolidated Appropriations Act, 2021 (CAA).
While this statement will likely provide welcome relief for plan sponsors, the Departments note that they remain committed to ensuring individuals receive protections under the law. In light of the Departments’ statement, plan sponsors should continue monitoring their plan design to ensure compliance under the 2013 rules. This includes analyzing NQTLs and drafting comparative analyses that reflect the CAA statutory requirements. The analyses should demonstrate that the processes, strategies, evidentiary standards, and/or other factors the plan uses in applying an NQTL to mental health and substance use disorder benefits are comparable to and applied no more stringently than those used with respect to medical/surgical benefits.
Our earlier blog on this matter can be found here.