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Newly proposed rules would, starting in 2025, present a major challenge to completing the written "comparative analysis" that every plan has needed since 2022 to demonstration compliance with a key requirement of the federal mental health parity rules. That comparative analysis requirement comes from the Consolidated Appropriations Act, 2021 ("CAA").
Federal regulators will take comments on these new proposals until October 2, 2023, so significant revisions are possible in these rules under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 ("MHPAEA"). But, for now, we think it is important for employers and their advisors to understand how rigorous and thorough federal regulators want these comparative analyses to be as indicated in these proposals.
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