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December 13, 2024 - Source: American Health Law Association

Fulfilling the Promise of Parity


Congress enacted the Mental Health Parity and Addiction Equity Act of 2008 to improve Americans’ access to mental health and substance use disorder (MH/SUD) treatment. The Act forbids insurance companies and group health plans from imposing more stringent limitations on MH/SUD benefits than they impose on similar medical and surgical (M/S) benefits. But federal regulators say that disparities in access to MH/SUD care “have persisted and even grown” since the law took effect. New rules enacted in 2024 represent a shift in regulatory priorities, from educating plans about their obligations to requiring plans affirmatively to demonstrate compliance and take remedial steps if needed.  

This article describes the existing landscape under MHPAEA, key changes in the new rules, and implications for both plans and health care providers as new regulations take effect.

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