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Legal Update Header The Consolidated Appropriations Act, 2021 (CAA) amended the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) to provide additional protections.

On April 2, 2021, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) jointly issued FAQs to clarify these amendments. In particular, the CAA requires group health plans and health insurance issuers to conduct comparative analyses of the nonquantitative treatment limitations (NQTLs) used for medical and surgical benefits as compared to mental health and substance use disorder (MH/SUD) benefits. The comparative analyses, and certain other information, must be made available upon request to applicable agencies beginning Feb. 10, 2021.

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: