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The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) was signed into law on October 3, 2008 and became effective for plan years beginning on or after October 3, 2009. MHPAEA greatly expands on an earlier law, the Mental Health Parity Act of 1996 (MHPA ‘96). On February 2, 2010 the Departments of Health and Human Services, Labor and the Treasury jointly issued interim final regulations implementing MHPAEA, which became applicable for plan years beginning on or after July 1, 2010.

MHPAEA generally applies to group health plans and health insurance issuers that provide coverage for either mental health or substance use disorder benefits and medical/surgical benefits. These FAQs provide basic information about the important protections MHPAEA provides with respect to parity in coverage of mental health and substance use disorder benefits and medical/surgical benefits provided by employment-based group health plans.

Link http://www.dol.gov/ebsa/faqs/faq-mhpaea2.html

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Link http://www.ofr.gov/OFRUpload/OFRData/2012-11753_PI.pdf

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Link http://www.dol.gov/ebsa/pdf/correctedsbctemplate.pdf

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Set out below are additional Frequently Asked Questions (FAQs) regarding implementation of the summary of benefits and coverage (SBC) provisions of the Affordable Care Act. These FAQs have been prepared jointly by the Departments of Labor, Health and Human Services (HHS), and the Treasury (the Departments). Like previously issued FAQs (available at www.dol.gov/ebsa/healthreform/ and cciio.cms.gov/resources/factsheets), these FAQs answer questions from stakeholders to help people understand the new law and benefit from it, as intended.

Link http://www.dol.gov/ebsa/faqs/faq-aca9.html

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The Departments of Labor, the Treasury, and Health and Human Services (HHS) (collectively, the Departments), administer MHPAEA together with the States. This document provides basic information about the Departments’ MHPAEA implementation efforts.

Link http://www.dol.gov/ebsa/faqs/faq-mhpaeaimplementation.html

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On October 20, 2010, the Department of Labor (Department) published a final regulation⁽¹⁾ requiring plan administrators to disclose certain plan and investment-related information, including fee and expense information, to participants and beneficiaries in participant-directed individual account plans, e.g., 401(k) plans (the “participant-level disclosure regulation” codified at 29 CFR § 2550.404a-5). At the same time, the Department published conforming changes to 29 CFR § 2550.404c-1 (the “404(c) regulation”) relating to plans that allow participants to direct the investment of their individual accounts. This Bulletin supplements the participant-level disclosure regulation by providing guidance on some of the most frequently asked questions concerning the participant-level disclosure regulation and how it may be implemented. In addition, on February 3, 2012, the Department published a final regulation under section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA). The 408(b)(2) regulation, in relevant part, requires certain covered service providers to furnish specified information to plan administrators so that they may comply with their disclosure obligations in the participant-level disclosure regulation. Consequently, the guidance in this Bulletin also serves as guidance concerning that specific requirement of the 408(b)(2) regulation.

Link http://www.dol.gov/ebsa/regs/fab2012-2.html

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This Bulletin provides MLR guidance on the following topics:

• Applicability of the Medical Loss Ratio to Certain Types of Plans

• Employer Groups of One

• Counting Employees for Determining Market Size

• Individual Association Policies

• Offering Policyholders a “Premium Holiday”

• Reinsurance and Reporting

• Exchange User Fees

• States With a Higher Medical Loss Ratio Standard

 “Mini-Med” Experience – Application of the Adjustment

Link http://cciio.cms.gov/resources/files/mlr-qna-04202012.pdf

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Link http://www.ofr.gov/OFRUpload/OFRData/2012-08718_PI.pdf

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A proposed rule announced today by the Department of Health and Human Services (HHS) would establish a unique health plan identifier (HPID) under Health Insurance Portability and Accountability Act of 1996 (HIPAA) standards for electronic health care transactions.  Further, the rule would adopt a data element that will serve as an “other entity” identifier (OEID) for entities that are not health plans, health care providers, or individuals, but that need to be identified in standard transactions.   The rule proposes an addition to the National Provider Identifier (NPI) requirements.   Finally, the proposed rule would delay by one year, until Oct. 1, 2014, the date by which covered entities must comply with International Classification of Diseases, 10^th Edition diagnosis and procedure codes (ICD-10).

Link http://www.cms.gov/apps/media/press/factsheet.asp?Counter=4332

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In the course of EBSA’s investigations of some apprenticeship and training plans, questions have arisen about the use of plan assets to pay for graduation ceremonies and for advertising expenses. The Regional Offices have asked whether the use of plan assets for such purposes violates ERISA’s exclusive purpose and fiduciary duty requirements. The following guidance is intended to promote consistency among the Regional Offices in their enforcement positions on these issues.

Link http://www.dol.gov/ebsa/regs/fab2012-1.html