The U.S. Departments of Labor, Health and Human Services, and the Treasury have released their 2024 Report to Congress on the enforcement and implementation of the Mental Health Parity and Addiction Equity Act (MHPAEA). The report indicates progress by group health plans and insurance issuers in complying with MHPAEA but notes continued shortcomings in achieving parity between mental health/substance use disorder benefits and medical/surgical benefits.
Efforts to enhance MHPAEA protections include finalizing new rules in September 2024. These efforts aim to ensure that plan participants, beneficiaries, and enrollees do not encounter greater obstacles when accessing mental health and substance use disorder benefits compared to medical and surgical benefits.
Acting Secretary of Labor Julie Su stated, “While health plans and insurance companies continue to fall short in providing parity in mental health and substance use disorder benefits, the Department of Labor’s efforts have achieved corrections that have directly benefited over 7.6 million participants in more than 72,000 plans.” She emphasized that recent rule changes strengthen protections for those seeking access to these essential services.
Health and Human Services Secretary Xavier Becerra remarked on the importance of accessible mental health care: “Access to affordable mental health care and substance use disorder treatment is not only a vital component of our nation’s health – it’s the law.” He highlighted its significance within President Biden’s Unity Agenda as well as HHS’ Behavioral Health Workforce Strategy.
The Employee Benefits Security Administration (EBSA) continues rigorous enforcement measures under MHPAEA. Lisa M. Gomez, Assistant Secretary for Employee Benefits Security, commented on EBSA's commitment: “In enforcing the Mental Health Parity and Addiction Equity Act...EBSA is determined to deliver on the law’s promises.”
The report discusses amendments made by the Consolidated Appropriations Act, 2021 (CAA), which introduced new compliance tools requiring plans/issuers to document parity between mental health/substance use disorder benefits versus medical/surgical ones. This third report satisfies an obligation for biennial reporting by the Department of Labor regarding group health plan compliance with MHPAEA.
Additional components include strategies for reducing stigma associated with mental health conditions/substance use disorders as well as an unredacted settlement agreement illustrating corrective actions undertaken by a non-compliant plan. A fiscal year 2023 fact sheet accompanies this report detailing enforcement data/results from investigations closed by EBSA/CMS during FY23.
Enforcement jurisdiction over MHPAEA covers approximately 2.6 million health plans affecting around 136 million individuals through EBSA while CMS oversees about 67 issuers across two states plus roughly 91,000 non-federal governmental plans nationwide.
