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Federal Agencies Decline To Defend 2024 Mental Health Parity Rule & Prepare For New Proposal In 2026

The U.S. Departments of Labor (DOL) and Health and Human Services (HHS) said they will not defend the 2024 final rule implementing the Mental Health Parity and Addiction Equity Act (MHPAEA) and plan to issue a new proposed rule by December 31, 2026. The announcement was included in a Joint Status Report filed March 30, 2026, in a federal lawsuit brought by The ERISA Industry Committee (ERIC).

ERIC, which represents large employers, filed the lawsuit in January 2025 challenging key provisions of the 2024 rule, alleging they are “arbitrary and capricious and contrary to law.”

The 2024 final rule . . .

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