HHS, the Treasury Department and the Labor Department plan to issue new proposed rules revising requirements tied to the Mental Health Parity and Addiction Equity Act, according to a March 30 filing in the U.S. District Court for the District of Columbia.
The 2008 law bars insurers and employer health plans from putting greater limits on access to behavioral health services than on other medical care. A 2024 federal rule strengthened requirements for demonstrating parity in coverage.
The agencies said they will not defend the current rule — Requirements Related to the Mental Health Parity and Addiction Equity Act, 89 Fed. Reg. 77,586 (Sept. 23, 2024) — and instead will pursue significant revisions, according to a March 30 joint status report, which was reviewed by Becker’s.
The departments intend to include the rulemaking in the 2026 Spring Regulatory Agenda and issue a notice of proposed rulemaking no later than Dec. 31.
The update follows ongoing litigation brought by the ERISA Industry Committee, which challenged the rule. The case has been stayed since May 12, with status reports required every 90 days.
The parties proposed filing the next joint status report by Sept. 30 to provide updates on the regulatory agenda and rulemaking progress.
The American Psychiatric Association has also criticized the administration’s decision and said it aims to work with officials to develop a new proposed rule to strengthen parity enforcement.
As federal enforcement of the act stalls, states are shaping the future of behavioral health coverage.
At the Becker's Fall Behavioral Health Summit, taking place November 4–5 in Chicago, behavioral health leaders and executives will explore strategies for expanding access to care, integrating services, addressing workforce challenges and leveraging innovation to improve outcomes across the behavioral health continuum. Apply for complimentary registration now.
