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End-of-Year Omnibus Bill Adds Mental Health Parity and Addiction Equity Act Disclosure Requirements | Groom Law Group, Chartered

The Consolidated Appropriations Act, 2021 (the “CAA”) that was signed into law on December 27, 2020, amends the Employee Retirement Income Security Act of 1974 (“ERISA”), the Public Health Service Act and the Internal Revenue Code to include new provisions that specifically require the Secretaries of the Departments of Health and Human Services, Labor, and the Treasury (the “Secretaries”) to request documents that demonstrate compliance with the Mental Health Parity and Addiction Equity Act of 2008’s (“MHPAEA”) nonquantitative treatment limit (“NQTL”) requirements from group health plans and health insurance issuers. The effective date of the disclosure requirement is 45 days after enactment of the CAA, which is February 10, 2021. This means that, beginning on February 10, 2021, plans and issuers must be prepared to submit the NQTL comparative analyses to the State authorities or Secretaries, upon request.

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