Business Group Submits Comments to Mental Health Parity Proposed Rule on Nonquantitative Treatment Limitations

Along with joining a coalition of employer plan sponsors and other stakeholders on a broad coalition comment letter, the Business Group’s own comments encouraged the Departments to reconsider certain requirements in the proposed rule.


October 17, 2023

Business Group on Health submitted comments in response to the proposed rules related to the Mental Health Parity and Addiction Equity Act (MHPAEA) issued by the Departments of Labor (DOL), Health and Human Services (HHS), and Treasury (collectively the Departments) in August 2023. The latest guidance would amend existing MHPAEA rules and implement provisions under the Consolidated Appropriations Act, 2021 (CAA ’21) requiring group health plans complete comparative analyses of their plans’ nonquantitative treatment limitations (NQTLs).

As currently proposed, the latest guidance would substantially increase the compliance requirements for employer plan sponsors to certify their MHPAEA compliance. Business Group on Health submitted comments requesting the Departments reconsider certain proposals in the proposed rules that we believe would be unworkable or require additional input and revision before being finalized. In particular, the Business Group emphasized the burdensome requirement of fiduciary certification for NQTL comparative analyses, as well as encouraged the Departments to follow the foundation for NQTLs established by the 2013 MHPAEA final rules and CAA ’21 standards.

In addition to submitting our own comments, Business Group on Health also joined with a coalition of other employer and insurer stakeholders to submit a joint letter commenting on many of the technical compliance issues outlined in the proposed rule.

Comment Letters:

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