November 2023

MHPAEA Parity Enforcement Actions by US states' attorneys general.

October 2023

The federal government requested comments regarding MHPAEA Parity enforcement and reporting. 

COMBINE comments (Colorado) 

Mental Health Liason Group (federal) comments including Kennedy Forum and all major mental health advocacy groups. 

In July and August 2023, there were significant developments concerning the Mental Health Parity and Addiction Equity Act (MHPAEA). The Departments of Labor and Health and Human Services proposed a new rule on July 25, 2023, aimed at strengthening the enforcement of the MHPAEA. This move was part of an effort to improve patients' access to care for mental health and substance use disorders​​​​.

The Biden administration played a pivotal role in these changes, proposing new requirements for health plans to ensure compliance with the 2008 federal parity law. These new rules are intended to strengthen the MHPAEA by closing existing loopholes and adding greater clarity to its provisions​​.

On August 3, 2023, the proposed rule was published in the Federal Register. One key aspect of the amendments is the requirement for insurance companies and health plans to collect and utilize data for evaluating the impact of non-quantitative treatment limitation analysis requirements under the MHPAEA​​.

Furthermore, the deadline for submitting comments on these proposed rules was extended to October 17, 2023, allowing for additional input and considerations from various stakeholders​​.

Resources

The Kennedy Forum (federal) 

Medicaid in Colorado is subject to federal and state Parity laws (MPHAEA) 

See the Executive Summary here from CMS 2017. And see Colorado's state law HB19-1269.