Insights

NFP Series: Mental Health Parity: The Never-Ending Story


The Consolidated Appropriations Act of 2020 (CAA) included guidance establishing new compliance requirements for employers subject to the Mental Health Parity and Addiction Equity Act (MHPAEA).

NFP’s Beth Allen, CEBS, Vice President and Counsel, Benefits Compliance, and Diane Cross, Vice President and Counsel, Benefits Compliance, recently surveyed the law’s requirements and discussed the CAA’s addition to MHPAEA compliance in our recent webinar in the hopes that employers will better understand their mental health parity obligations.

Know Your Mental Health Parity Obligations

MHPAEA is not new; however, recent guidance means increased enforcement efforts, such as the DOL’s choosing 20 plans and reviewing their Consolidated Appropriations Act of 2020 (CAA) analysis. You probably already know that the CAA included guidance establishing new compliance requirements, so that’s important research for you to do as well.

Non-Quantitative Treatment Limitations (NQTL) Requirements

All applicable plans and issuers need to prepare a comparative analysis that demonstrates compliance with NQTL requirements. Plans and issuers should have this comparative analysis available upon request, in written and operational form, and presented in great detail.

CAA Guidance for Fully vs. Self-Insured Employers/Plan Sponsors

Fully insured employer/plan sponsors should communicate with carriers (as applicable) on compliance with the comparative analysis requirement.

Self-insured employer/plan sponsor should communicate with TPA and review any ASO agreements.

As an employer subject to the MHPAEA, you can listen to the full recording and download the presentation deck.

Recording

Slides