Prior to leaving office, the Biden Administration issued a rule that would have taken major steps toward enforcing the Mental Health Parity and Addiction Equity law (Parity) passed in 2007. That rule was immediately challenged in the courts by insurance companies.
When the current administration arrived, they asked for several delays in court proceedings as they decided how to respond to the lawsuit. There seemed to be an internal debate regarding what position the administration wanted to take.
Yesterday, the Justice Department asked the court for another delay as they examine and re-write the sections of the proposed rule that are being challenged. They indicate that they will analyze and issue changes by the end of 2026. In the meantime, the rule will be on hold. At this point we are not aware of the process to be used to examine changes in the rule.
NAATP has continuously advocated for full enforcement of the Parity law since it would be an enormous step toward providing access to care. For years the law has been subverted and ignored by insurance providers despite the intent of Congress when the law was passed.
NAATP will continue to advocate for full enforcement of the law and will encourage the White House, Health and Human Services and Justice Department to maintain the integrity of the law as they make changes to the proposed rule.