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DOL/EBSA

RIN: 1210-AB30

Publication ID: Spring 2010

Title: Mental Health Parity and Addiction Equity Act
Abstract: Pursuant to ERISA section 712, as amended by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) enacted on October 8, 2008, the Department is developing regulatory guidance.
Agency: Department of Labor(DOL)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 29 USC 1185a

Legal Deadline:

Action	Source	Description	Date
Other	Statutory	as per MHPAEA section 512(d)	10/08/2009

Statement of Need: In response to a Request for Information in April 2008, over 400 comment letters were received raising questions regarding compliance with the federal parity provisions. This regulation is needed to provide clarifications to participants, beneficiaries, health care providers, employment-based health plans, health insurance issuers, third-party administrators, brokers, underwriters, and other plan service providers regarding such provisions.

Summary of the Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and appropriate to carry out the provisions of title I of the Act. Section 734 of ERISA provides that the Secretary may prescribe regulations necessary or appropriate to carry out the provisions of ERISA Part 7. MHPAEA created new federal parity provisions in ERISA section 712 and provides, in section 512(d), that the Secretary shall issue regulations to carry out the provisions of MHPAEA.

Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance needed by the public.

Anticipated Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate, following a determination regarding the alternatives to be considered.

Timetable:

Action	Date	FR Cite
Request for Information	04/28/2009	74 FR 19155
Request for Information Comment Period End	05/28/2009
Interim Final Rule	02/02/2010	75 FR 5410
Interim Final Rule Effective	04/05/2010
Interim Final Rule Comment Period End	05/03/2010
NPRM	04/00/2011

Additional Information: On February 2, 2010, the Departments of Labor, Health and Human Services, and the Treasury published an interim final rule implementing MHPAEA. However, the provisions of the increased cost exemption under section 712(c)(2) were reserved and not addressed. The next action planned is an NPRM that will propose rules governing this exemption.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Related RINs: Related to 0938-AP65, Related to 1545-BJ05	Related Agencies: Joint: HHS/CMS, TREAS/IRS;
Agency Contact: Amy J. Turner Director, Office of Health Plan Standards and Compliance Assistance Department of Labor Employee Benefits Security Administration Room N5677, 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Phone:202 693-8335 Fax:202 219-1942