Examining the Latest Rules, Challenges, and Confusion over Mental Health Parity

May 2, 2025 9:45am

Melissa Bartlett
Senior Vice President, Health Policy
The ERISA Industry Committee (ERIC)

Kathryn Cohen
Senior Director, Regulatory Affairs
Association for Behavioral Health and Wellness

Joseph Laska
Partner
Hernandez Laska LLP

Moderator:

Jennafer Tryck
Senior Litigation Attorney
Gibson, Dunn & Crutcher LLP

In September 2024, the government issued “Final Rules under the MHPAEA,” strengthening federal laws on mental health parity requirements. As of January 1, plans cannot use NQTLs for mental health and substance use disorder benefits that are more restrictive than the predominant NQTLs as compared to medical and surgical benefits. In this session, we will dig deeper into the new rules and explore topics such as: 

    Dissecting the new final rules from HHS, DOL, and Treasury and analyzing the early results from their implementation
  • Interpreting how mental health, substance abuse, gender-affirming care, and other MHPAEA priorities are being evaluated
  • Discussing the latest enforcement priorities under the new administration
  • Understanding what the available guidance says and figuring out how to comply
  • Providing updates from litigation in the 5th, 9th, and 10th Circuit courts
    • Ryan S. v. UnitedHealth Group and E.W. v. Health Net Life Insurance Co.
    • Examining Circuit courts findings on pleading standards in MHPAEA cases
  • Assessing how mental health, substance abuse, gender-affirming care, and other MHPAEA priorities are being evaluated in view of recent cases