On May 15, 2025, the Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) announced a non-enforcement policy with regard to the “Requirements Related to the Mental Health Parity and Addiction Equity Act ("MHPAEA"),” (”2024 Final Rule").

The 2024 Final Rule, which was issued on September 9, 2024, amended the 2013 final rule implementing MHPAEA and added new requirements related to the nonquantitative treatment limitation ("NQTL") comparative analysis requirements under MHPAEA. 

On January 17, 2025, the ERISA Industry Committee ("ERIC") filed suit against the Departments alleging that the 2024 Final Rule exceeded the Departments' statutory authority, violates the Due Process Clause of the Fifth Amendment, is arbitrary and capricious, and otherwise violates the Administrative Procedure Act.

In light of the litigation challenging the 2024 Final Rule, the Departments announced a non-enforcement policy of the Final Rule while they reconsider the 2024 Final Rule, including whether to issue a notice of proposed rulemaking rescinding or modifying the regulation. The Departments’ announcement noted that MHPAEA’s statutory obligations, including the requirements related to NQTL comparative analyses, as amended by the CAA, 2021, continue to have effect.  The Departments also stated that they will “undertake a broader reexamination of each department’s respective enforcement approach under MHPAEA, including those provisions amended by the CAA, 2021.”

Importantly, plans and issuers are still required to develop and maintain MHPAEA NQTL comparative analyses and provide them to regulators upon request.  In addition, plans must also make NQTL comparative analyses available upon request to:

• Applicable state authorities;
• A participant or beneficiary (including a provider or other person acting as a participant’s or beneficiary’s authorized representative) who has received an adverse benefit determination related to MH/SUD benefits; and
• Participants and beneficiaries who request the comparative analyses at any time under ERISA section 104.

You can find more information regarding the ERIC litigation and 2024 Final Rule non-enforcement policy in this Groom alert - Departments Pause Enforcement of MHPAEA Final Rule and Reconsider MHPAEA Enforcement Program - or by contacting the authors or your Groom attorney.