Washington, D.C., November 20, 2024 – The ERISA Industry Committee (“ERIC”) this week, submitted public comments on proposed regulations (Proposed Rules) from the Colorado Division of Insurance aimed at administering parity for mental health and substance use disorder benefits. ERIC’s public comments strongly urge Colorado regulators to reconsider the Proposed Rules, cautioning that if the state rules conflict with future changes to federal law, it could lead to future compliance conflicts and undermine how employers administer benefit plans. Because underlying Colorado law adopts relevant federal regulations in this space, further state codification is unnecessary and could only lead to complications down the road.
“Americans are in a mental health crisis, and patients need access to mental health and substance use disorder care. Policymakers and employers are united in their search for solutions, but creating a state-by-state patchwork of parity regulations threatens to complicate compliance and create worse outcomes for patients,” said Dillon Clair, Director of State Advocacy, ERIC. “Given the uncertainty around federal mental health rules, Colorado risks creating conflict by acting too quickly to codify a rule that may change. As federal policymakers and stakeholders seek to resolve outstanding issues, we look forward to working with Colorado to ensure that state regulations comply with state and federal law.”
ERIC has been a leader in shaping federal mental health and substance use disorder benefit parity policy for many years dating back to the enactment of the Mental Health Parity and Addiction Equity Act (“MHPAEA”). When the federal rule was issued in September, ERIC expressed concerns that the rule is unworkable for employers who choose to offer behavioral health benefits for their workers.
ERIC is a national advocacy organization exclusively representing the largest employers in the United States in their capacity as sponsors of employee benefit plans for their nationwide workforces. With member companies that are leaders in every economic sector, ERIC is the voice of large employer plan sponsors on federal, state, and local public policies impacting their ability to sponsor benefit plans. ERIC member companies offer benefits to tens of millions of employees and their families, located in every state and city across the country.
The full text of ERIC’s comments can be found here.