DOL issues additional guidance on Mental Health Parity Implementation

On November 8, 2013, the Departments of Labor, Health and Human Services and Treasury jointly issued a set of frequently asked questions (“FAQs”), in conjunction with final regulations, on the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”).

The MHPAEA requires parity between mental health or substance use disorder benefits and medical/surgical benefits with respect to financial requirements and treatment limitations under group health plans and group and individual health insurance coverage.

The FAQs cover various subjects, including plans that are exempt from the MHPAEA.

The FAQs also explain that the MHPAEA requires that the criteria used to make medical necessity determinations—with respect to mental health or substance use disorder benefits—must be made available by the plan administrator or the health insurance issuer to any current or potential participant, beneficiary, or contracting provider upon request.

The FAQs and final regulations  can be found on the DOL website under Affordable Care Act, regulations and guidance, Mental Health Parity (

Please contact your Trust Fund counsel for more information on this subject.

By  Patricia Davis | November 18, 2013

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