Resecō Inform

Legal Update HeaderThe Department of Labor (DOL) has proposed updates to a self-compliance tool to help improve compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA). The MHPAEA requires parity between a group health plan’s mental health and substance use disorder (MH/SUD) benefits and medical and surgical benefits.

Proposed Changes

Federal law directs the DOL to make a document publicly available to improve compliance with MHPAEA, and to update this document every two years. The DOL last updated the MHPAEA self-compliance tool in April 2018. The proposed updates to the self-compliance tool include:

The Departments of Labor, Health and Human Services and the Treasury (Departments) have provided answers to a second set of frequently asked questions (FAQs Part 43) about health coverage issues related to COVID- 19, including implementation of the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security Act (CARES Act).

The FAQs provide guidance on a variety of topics related to health plan coverage. For example, the FAQs:
  • Provide that COVID-19 testing for surveillance or employment purposes is not subject to the coverage mandate under the FFCRA and CARES Act;
  • Confirm that the FFCRA and the CARES Act generally prohibit balance billing for COVID-19 diagnostic testing;
  • Allow health plans to revoke the temporary COVID-19-related coverage changes without satisfying certain notice deadlines, provided participants are notified within a reasonable time frame in advance of the reversal of the changes; and
  • Allow large employers to offer coverage for telehealth and other remote care servicesto employees who are not eligible for any other group health plan offered by the employer during the public health emergency.