Phia Group Russo & Minchoff

Health Plan Developments: Mental Health Parity Guidance Delayed

The Health and Human Services Secretary issued a statement on October 2, 2009 indicating that employers awaiting guidance before implementing changes to medical plans required by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”) should not expect regulations to be issued until January 2010 – after the law goes into effect for calendar year plans. Although the law required that regulations be issued by October 3, 2009, HHS and the Labor and Treasury Departments are still working to develop them. In the absence of regulations, plan sponsors should make a reasonable “good faith” effort to adhere to the law’s intent.


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Adam V. Russo

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