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DOL/EBSA

RIN: 1210-AA62

Publication ID: Fall 1997

Title: ●Interim Rules Relating to Mental Health Benefits Parity
Abstract: The Mental Health Parity Act of 1996 (MHPA) was enacted on September 26, 1996 (P.L. 104-204). MHPA amended the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974, as amended, (ERISA) to provided for parity in the application of limits on certain mental health benefits with limits on medical and surgical benefits. MHPA provisions are set forth in title XXVII of the PHSA and part 7 of Subtitle B of title I of ERISA. The interim rules will provide guidance with regard to the provisions of the MHPA.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: Not yet determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 29 USC 1135 29 USC 1182 (PL 104-204 110 Stat 2944) 29 USC 1194

Statement of Need: These regulations are needed to provide guidance to the public concerning the application of the provisions of section 712 of ERISA, which provides for parity in the application of limits on certain mental health benefits with limits on medical and surgical benefits.

Summary of the Legal Basis: Promulgation of these regulations is authorized by section 505 and 734 of ERISA.

Alternatives: Regulatory alternatives will be developed once determinations have been made with regard to the scope and nature of the regulatory guidance which will be necessary to implement section 712 of ERISA.

Anticipated Costs and Benefits: Preliminary estimates of the anticipated costs and benefits of the regulatory actions found to be necessary to implement the new provision will be developed once decisions are reached on which specific action are necessary.

Risks: Failure to issue these regulations would be likely to impair compliance by group health plans with the requirements established by section 712 of ERISA for mental health benefits parity.

Timetable:

Action	Date	FR Cite
Interim Final Rule	11/00/1997

Additional Information: LEGAL AUTHORITIES CONT: Secs. 107, 209, 505, 701-703, 711, 712, 731-734 of ERISA (29 U.S.C. 1027, 1059, 1135, 1171-1173, 1181, 1182, 1191-1194), as amended by HIPAA (Pub. L. 104-191, 101 Stat. 1936) and NMHPA (Pub. L. 104-204) and Secretary of Labor's Order No. 1-87, 52 FR 13139, April 21, 1987.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Included in the Regulatory Plan: Yes
Agency Contact: Mark Connor Deputy Director, Office of Health Plan Standards and Compliance Assistance Department of Labor Employee Benefits Security Administration Room C5331, 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Phone:202 693-8335 Fax:202 219-1942