On May 15, 2025 the departments of Labor, Treasury and Health and Human Services (the departments) issued a statement indicating they will temporarily suspend enforcement of the final Mental Health Parity and Addiction Equity Act (MHPAEA) rules issued in September 2024. The statement relates to a lawsuit brought by the ERISA Industry Committee (ERIC) challenging the final rules. This litigation has been put on hold while the Departments reconsider the final rule, including whether to modify or rescind it altogether. 

The departments confirmed they will not enforce the 2024 final rules or pursue enforcement actions based on a failure to comply until a final decision in the litigation has been reached and for 18 months following. The Departments are also reviewing their MHPAEA enforcement program more broadly.

2024 Final Rules:

Some provisions of the final rules were applicable for plan years beginning on or after January 1, 2025, while others are applicable for plan years beginning on or after January 1, 2026.  The final rules are extensive and require health plans and health insurance issuers to: 

• Offer meaningful benefits (including a core treatment) for each covered mental health or substance use disorder (MH/SUD) condition in each classification in which medical/surgical (M/S) benefits are offered
• Use factors or evidentiary standards in the design and operation of NQTLs that do not discriminate against MH/SUD conditions​
• Collect and evaluate relevant outcomes data and take reasonable action to address material differences in access to MH/SUD benefits as compared to M/S benefits
• Include specific content in documented comparative analyses of NQTLs
• Provide certification by a plan fiduciary that they have satisfied their duty under ERISA to follow a prudent process when selecting a vendor to perform the analysis and to monitor that vendor​

The final 2013 MHPAEA regulations, as amended by the Consolidated Appropriations Act of 2021 (CAA), remain in effect. This includes the requirement to analyze NQTLs, prepare comparative analyses and make them available to regulators and participants upon request.

Client Actions: Continue to comply with MHPAEA’s statutory requirements and refer to the 2013 final rule for guidance. Monitor updates regarding any changes to the 2024 final rules.

Additional Resources:

DOL FAQs Part 45 – MHPAEA Implementation and CAA of 2021

ERISA Industry Committee challenge to the final regulations

Motion for Abeyance by the Departments