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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, November 19, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will provide benefits counsel and advisers with guidance on overcoming challenges in ensuring compliance with the recently released final Mental Health Parity and Addiction Equity Act (MHPAEA) rules and requirements for plan sponsors and insurers. The panel will discuss the requirements of MHPAEA for health plans that provide mental health and substance abuse disorder (MH/SUD) benefits, new standards for "meaningful benefits" and nonquantitative treatment limitations (NQTL), comparative analysis requirements, ERISA disclosure requirements, DOL enforcement of parity violations, and best practices for ensuring compliance with MHPAEA rules.

Faculty

David Shillcutt
Senior Counsel
Parent: Epstein Becker & Green PC

Mr. Shillcutt has deep experience in the areas of behavioral health, government and commercial reimbursement, and managed care due to his work at the Centers for Medicare & Medicaid Services (CMS), the Substance Abuse and Mental Health Services Administration (SAMHSA), and the Centers for Disease Control and Prevention (CDC).

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Lisa Campbell
Principal, Health Services Co-Chair
Groom Law Group Chtd - Washington

Ms. Campbell is co-chair of the firm’s Health Services group. She advises clients on all aspects of the Affordable Care Act (ACA), including the insurance market reforms, qualified health plan standards, exchange rules, consumer assistance programs for the federal marketplace, and ACA section 1557 nondiscrimination rules. Ms. Campbell also works with clients on the Federal Mental Health Parity and Addiction Equity Act (MHPAEA), state insurance law, and Medicare and Medicaid. She represents health insurance companies, employers, consultants, and trade associations on federal and state laws regulating health coverage. Ms. Campbell also provides advice on advocacy with federal and state agencies, compliance programs, government enforcement, and regulatory initiatives.

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Allison J. Fepelstein
Associate
Morgan, Lewis & Bockius LLP

Ms. Fepelstein advises clients on health and welfare plans, helping them stay in compliance with applicable requirements under ERISA, the Internal Revenue Code, the Affordable Care Act, COBRA, and HIPAA. She also prepares and reviews plan documents and related materials. In addition, Ms. Fepelstein reviews and negotiates services agreements with third parties. Before joining Morgan Lewis, she served in the US Department of Labor’s (DOL) Office of Health Plan Standards and Compliance Assistance. 

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Description

On Sept. 9, 2024, final MHPAEA regulations were released providing significant challenges for plan sponsors in ensuring that their health plans remain compliant. In addition to the strict requirements under the final MHPAEA regulations, health plans providing MH/SUD benefits must ensure compliance with CAA requirements and recent federal regulations.

All group health plans and insurers that provide MH/SUD benefits must comply with parity rules, with limited exceptions. Benefits counsel and advisers must address the risks to plan sponsors and insurers by reassessing current health plans, adhering to the new final MHPAEA rules and disclosure obligations under ERISA, and confronting other issues that result in DOL or HHS audits or class action lawsuits.

Under the 2021 CAA, plan sponsors and insurers must perform and document a comparative analysis of the design and application of NQTLs and the duty to disclose this analysis and related information to the DOL or HHS (or participants and beneficiaries) on request. The final regulations amend existing provisions and provide new requirements for NQTL comparative analyses as mandated by the CAA. In addition, the final regulations also encompasses new standards for determining "meaningful benefits" under the regulations.

Listen as our panel discusses the legal requirements of the parity rules under the MHPAEA regulations, CAA requirements, ERISA disclosure requirements, recent DOL and HHS enforcement of parity violations, and techniques for maintaining compliance and handling DOL and HHS health plan audits and plaintiff lawsuits.

Outline

  1. Regulatory timeline and context for the 2024 MHPAEA regulations
  2. Key provisions and compliance considerations for the 2024 final rules for MHPAEA
  3. DOL and HHS compliance enforcement processes and penalties for MHPAEA
  4. Best practices for contracting with and monitoring service providers for MHPAEA compliance

Benefits

The panel will review these and other crucial questions:

  • Final MHPAEA rules and legal requirements for plans providing MH/SUD benefits
  • DOL, HHS, and IRS guidance on MHPAEA compliance and implementation
  • Comparative analysis requirement for any NQTLs under the CAA
  • New standards for "meaningful benefits" and NQTLs
  • ERISA disclosure requirements for health plans providing MH/SUD benefits
  • DOL and HHS compliance enforcement and handling health plan audits