MHPAEA:

Non-Enforcement of Final Rules

Following a court challenge, the DOL and HHS have published a non-enforcement policy with respect to certain provisions of the Mental Health Parity & Addiction Equity Act (MHPAEA) final rule that were effective beginning in 2025 and 2026 pending a complete review of the final rule. The new fiduciary certification requirement, certain new definitions, the “meaningful benefits” requirement, and the requirement to collect and analyze relevant data are no longer required.

The written comparative analysis for non-quantitative treatment limitations (NQTLs) is still required as it was added by Congress in the Consolidated Appropriations Act of 2021 along with a high-level description of the content that should be included. We encourage employers to continue with such efforts in case of agency audit or participant request until there is something very clear indicating otherwise from Congress or the agencies. ​

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