How the Consolidated Appropriations Act of 2021 affects MHPAEA

This report furthers discussion on how the Consolidated Appropriations Act of 2021 affects the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Group health plans and health insurance issuers that offer mental health (MH) or substance use disorder (SUD) benefits face additional reporting and compliance requirements for nonquantitative treatment limits. While the early focus of MHPAEA compliance was on quantitative treatment limitations (QTLs), the focus is increasingly shifting to nonquantitative treatment limitations (NQTLs). The CAA continues that trend and puts NQTL compliance documentation in the spotlight. The paper presents a detailed discussion of the changes, including expectations in compliance guidance and regulatory audits, and other requirements of the CAA.