On September 9, 2024, the U.S. Departments of Health and Human Services (HHS), Labor, and the Treasury (HHS, Labor, and the Treasury, collectively, the Departments) issued final rules (the 2024 Final Regulations) to implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended (the MHPAEA). Included in the 2024 Final Regulations are new rules regarding the nonquantitative treatment limitation (NQTL) comparative analysis requirements under MHPAEA, as amended by the Consolidated Appropriations Act, 2021 (the CAA 2021).
This NQTL comparative analysis requirement has created a significant level of angst among plan fiduciaries as they will now have to certify that they have engaged in a prudent process to select and monitor one or more qualified service providers to perform and document their NQTL comparative analyses in connection with the imposition of any NQTLs that apply to mental health and substance use disorder (MH/SUD) benefits under the plan in accordance with MHPAEA and its implementing regulations.
This column provides an overview of Non-Quantitative Treatment Limitation (NQTL) comparative analyses and outlines the steps fiduciaries must take to ensure compliance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
