HHS will not enforce mental health parity regulations implemented by the Biden administration while it reconsiders the rules, according to a May 9 court filing.
In January, the ERISA Industry Committee, a group representing large employers, sued to block the regulations, arguing the rules exceeded HHS’ regulatory authority.
In the most recent court filing, attorneys for HHS said the department intends to reconsider the rule. The department will publicly issue a nonenforcement policy for regulations while it reexamines mental health parity enforcement “more broadly.”
Attorneys for HHS requested the judge in the case suspend the ERISA Industry Committee’s challenge until HHS issues its decision on the rules.
Here are five things to know:
- The Biden administration finalized rules intended to strengthen enforcement of the 2008 Mental Health Parity and Addiction Equity Act in September 2024. Some of the regulations took effect in January 2025, and some were dated for January 2026.
- In its legal challenge, the ERISA Industry Committee argued the short timeline between the finalization and implementation of the regulations was not enough time for employers and insurers to make sense of them.
- The regulations bar health plans and employers from using more restrictive prior authorization requirements for mental health than for other forms of care. They also require health plans and employers to study how their mental health parity policies worked in practice, and make adjustments if mental healthcare is more difficult for beneficiaries to access than medical care.
- Several mental health organizations, including the American Psychiatric Association, the National Alliance on Mental Illness and Mental Health America, backed the regulations.
- In addition to large employers, some insurers opposed the regulations. In October 2023, the Blue Cross Blue Shield Association said the regulations could cause an increase in nonclinically recommended care.