Mental Health Parity Compliance and New DOL Enforcement Guidance

This CLE webinar will provide a comprehensive overview of the Mental Health Parity and Addiction Equity Act (MHPAEA), the non-quantitative treatment limit (NQTL) requirements, and recently released DOL guidance and primary areas of focus for MHPAEA enforcement actions. The panel will discuss the impact on covered entities and offer best practices for compliance.

The requirements of the MHPAEA and DOL enforcement actions provide significant challenges for plan sponsors in ensuring that their health plans remain compliant. In addition to the strict requirements under the MHPAEA, health plans providing mental health and substance use disorder (MH/SUD) benefits must ensure compliance with CAA requirements and IRS and DOL regulations.

On Sept. 8, 2026, the DOL issued guidance for mental health parity compliance and enforcement actions against employers focused on (1) separate treatment limitations and exclusions, (2) medical necessity standards and review processes, and (3) network adequacy, provider admissions, and reimbursement practices. In addition, the guidance includes a list of potential red flags for employers and administrators when reviewing plans and benefits.

Benefits counsel and advisers must address the risks to plan sponsors and insurers by reassessing current health plans, adhering to the MHPAEA rules and disclosure obligations under ERISA, performing and documenting a comparative analysis of the design and application of NQTLs as required by the final rules, and other issues that result in DOL audits or class action lawsuits.

Listen as our panel discusses the legal requirements of the parity rules, NQTL requirements, ERISA disclosure requirements, DOL enforcement of parity violations, and techniques for handling DOL health plan audits and plaintiff lawsuits.