Legislative Insights: Understanding the Impact of New Mental Health and Addiction Coverage Guidan

Legislative Insights

Legislative Insights: Understanding the Impact of New Mental Health and Addiction Coverage Guidance

The departments of Labor, Health and Human Services (HHS) and the Treasury recently announced important new guidance surrounding the Mental Health Parity and Addiction Equity Act (MHPAEA).

This guidance, which includes proposed regulations , a technical release and a July 2023 report to Congress on MHPAEA enforcement , will greatly impact third party administrators, pharmacy benefit managers and plan sponsors. Although the guidance is only proposed, it provides an insight into how the federal regulators are likely to enforce MHPAEA’s nonquantitative treatment limitation (NQTL) rules.

During this timely webinar, John Barlament, shareholder and member of Reinhart Law's Employee Benefits Practice, will take a deeper dive into the proposed rule and explore with attendees:

New terms, including how to determine what is a “predominant” NQTL and when such an NQTL can be used
What statistical information must be gathered to demonstrate MHPAEA compliance
New distribution obligations for the NQTL comparative analysis
Safe harbor provisions for some NQTLs
New disclosure obligations if a plan’s NQTL comparative analysis is found to be insufficient
Summary of recent DOL and CMS enforcement actions

The webinar will conclude with a Q&A session!

About the Speaker:

John Barlament
Shareholder, Employee Benefits Practice Member
Reinhart Law

John Barlament is a shareholder and member of Reinhart’s Employee Benefits Practice. He practices in all areas of employee benefits law, but with a focus on health and welfare plan matters. He is nationally recognized in this area and works with clients around the country.

He counsels employers, plan fiduciaries, multiemployer plans, pharmacy benefit managers, insurers, insurance brokers, third-party administrators and other plan service providers on a range of employee benefit matters.

His clients rely on him for innovative, proactive strategies related to employee benefit laws, including ERISA, HIPAA, the Affordable Care Act, the Consolidated Appropriations Act, the Mental Health Parity and Addiction Equity Act and others.

John stays at the forefront of industry practices and can confidently translate complex legal concepts into practical, plain-English advice for his clients. He strives to become a trusted legal adviser, developing long-term relationships and a deep understanding of their goals and concerns.

He is a co-author on what many consider the nation’s premier manual on the HIPAA privacy and security rules for employee benefit plans: HIPAA Portability, Privacy & Security (Thomson Reuters/EBIA). He is also a co-author on the leading manual on health reimbursement arrangements, health savings accounts and wellness plans: Consumer-Driven Health Care (Thomson Reuters/EBIA).

John frequently presents on an array of employee benefits topics and is recognized as a national leader in these constantly changing areas of law. He has been interviewed by, and quoted in, leading publications, including The Wall Street Journal.

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