Washington, D.C., September 9, 2024 – Today, The ERISA Industry Committee (ERIC) released the following statement on the Biden Administration’s changes to mental health and substance use disorder parity regulations under the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and the Consolidated Appropriations Act of 2021 (CAA). The statement is attributable to Melissa Bartlett, Senior Vice President of Health Policy for ERIC.
“Although the final rule issued today incorporates some feedback that was offered by stakeholders, the potential impact of these changes remains a great concern. While more review is needed, the rule goes far beyond Congress’s clear intent when it enacted the MHPAEA and the CAA and, at a minimum, adds complexity to the landscape for employers who choose to offer behavioral health benefits for their workers.
“As ERIC evaluates this rule and assesses the implications for its member companies, we will consider all possibilities to prevent further harm to employers offering behavioral health benefits, and the employees and families who count on them – up to and including litigation.”
Timeline and Background:
- The U.S. Departments of Labor (DOL), Health and Human Services (HHS) and Treasury (DOT) announced a proposed change to MHPAEA July 25, 2023.
- In July of 2023, ERIC, ABHW, AHIP, and BCBSA, swiftly expressed concern about the proposed change.
- In October of 2023, during the open comment period, ERIC formally submitted concerns about the proposed change, outlining the serious potential implications.
- In May of 2024, ERIC sent a letter to the White House detailing its concerns with the proposed rule change and urging President Biden to consider the potential implications.