A New Era of MHPAEA Enforcement: Litigation Risks and Compliance Considerations for MCOs
Andrew Holmer
Partner
Crowell & Moring LLP
Joseph E. Laska
Partner
Manatt, Phelps & Phillips, LLP
MHPAEA enforcement is ramping up and the Biden administration has proposed new rules that would strengthen federal laws on mental health parity requirements. The proposal would require health plans to collect data to assess the impact of “nonquantitative treatment limits” (NQTLs) on mental and behavioral health benefits and medical and surgical services. It’s a critical time for MCOs to examine what’s being proposed by regulators, as well as recent enforcement actions so that they can remove problematic provisions and ensure future compliance.
- Identifying EBSA enforcement priorities including prior authorization requirements, network adequacy and reimbursement rates
- Overview of recent, notable EBSA actions protecting mental health and substance use disorder benefits
- Analyzing deficiencies in NQTL analyses and examples of corrections by plans to come into compliance under the Consolidated Appropriations Act