HHS will not enforce mental health parity regulations opposed by some large employers and insurers.
In a May 9 court filing, attorneys for HHS said the department intends to reconsider the rules and may issue a proposed rule rescinding or modifying the regulation.
In September 2024, the Biden administration finalized rules toughening enforcement of mental health parity requirements for health plans and employers. The regulations require plans to study the outcomes of their mental health parity policies and bar plans from using more restrictive prior authorizations for mental healthcare than other services.
In January, the ERISA Industry Committee, which represents large insurers, filed a lawsuit challenging the rule. The committee argued the rule exceeded the authority of HHS and the departments of Labor and Treasury.
In the court filing, attorneys for HHS said the department will not enforce the Biden administration’s policy while it reconsiders mental health parity enforcement more broadly. The attorneys requested the judge pause the ERISA Industry Committee’s lawsuit while the rule-making is ongoing.
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