Text of Agency Proposed ACA FAQs, Part 39: Mental Health and Substance Use Disorder Parity Implementation and the 21st Century Cures Act (PDF)
12 pages. "With regard to any nonquantitative treatment limitation (NQTL), the MHPAEA final regulations provide that a group health plan or health insurance issuer may not impose an NQTL with respect to MH/SUD benefits in any classification unless, under the terms of the plan (or health insurance coverage) as written and in operation, any processes, strategies, evidentiary standards, or other factors used in applying the NQTL to MH/SUD benefits in the classification are comparable to, and are applied no more stringently than the processes, strategies, evidentiary standards, or other factors used in applying the limitation to medical/surgical benefits in the same classification. MHPAEA also imposes certain disclosure requirements on group health plans and health insurance issuers." [12 Questions and Answers provide specific examples of plan provisions, including covered services, level of coverage, and provider selection criteria, along with required and permitted coverage and provider directory disclosures.]
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]; U.S. Department of Health and Human Services [HHS]; and U.S. Department of the Treasury

Sample Form to Request Documentation from an Employer-Sponsored Health Plan or an Insurer Concerning Treatment Limitations (PDF)
"This is a tool to help you request information from your employer-sponsored health plan or your insurer regarding limitations that may affect your access to mental health or substance use disorder benefits. You can use this form to request general information about treatment limitations or specific information about limitations that may have resulted in denial of your benefits. An example of a request for general information might be a request for the plan's preauthorization policies for medical/surgical and mental health treatments. An example of a request for specific information related to a denial of benefits based on a failure to show medical necessity might be a request for the internal medical necessity guidelines used to deny your claim. Your plan or insurer is required by law to provide you this information in certain instances, and the information will help you determine if the coverage you are receiving complies with the law."
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Self-Compliance Tool for the Mental Health Parity and Addiction Equity Act (MHPAEA) (PDF)
23 pages. "The goal of this self-compliance tool is to help group health plans, plan sponsors, plan administrators, group and individual market health insurance issuers, State regulators and other parties determine whether a group health plan or health insurance issuer complies with the Mental Health Parity and Addiction Equity Act (MHPAEA), and additional, related requirements that apply to [ERISA] group health plans. The requirements described in this tool generally apply to group health plans, group health insurance issuers, and individual market health insurance issuers. However, requirements that do not apply as broadly are noted."
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

2018 DOL Report to Congress: Pathway to Full Parity (PDF)
28 pages. "This report summarizes the Department's activities to further parity implementation since the 2016 Report to Congress. It also provides a roadmap of the Department's vision for the future as the Department continues to identify and correct MHPAEA noncompliance and minimize the likelihood of future violations through effective outreach, compliance assistance, and interpretive guidance."
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

EBSA FY 2017 MHPAEA Enforcement Overview: Ensuring Parity (PDF)
"EBSA closed 347 health investigations in FY 2017 (and 3,286 health investigations since FY 2011). Of these 347 closed investigations in FY 2017, 187 involved plans subject to MHPAEA and were, therefore, reviewed for MHPAEA compliance. Of these 187 investigations where MHPAEA applied, EBSA cited 92 violations for MHPAEA noncompliance. EBSA Benefits Advisors answered over 127 public inquiries in FY 2017 related to MHPAEA (and have answered 1,318 inquiries related to MHPAEA since FY 2011)."
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

HHS Section 13002 Action Plan for Enhanced Enforcement of Mental Health and Substance Use Disorder Coverage (PDF)
9 pages. "This Action Plan includes: [1] A brief background on parity; [2] A description of the Cures Act Section 13002 requirement and information on the Public Stakeholder Listening Session on Strategies for Improving Parity for Mental Health and Substance Use Disorder Coverage held July 27, 2017; and [3] An Action Plan, including recent and planned actions to maintain momentum on parity enforcement and implementation."
U.S. Department of Health and Human Services [HHS]

Achieving Parity in Health Insurance Coverage: 21st Century Cures Act Parity Listening Session
"[T]he Office of the Assistant Secretary for Planning and Evaluation (ASPE) within HHS, along with representatives from the Departments of Labor and Treasury and the Office of Personnel Management, held a public listening session on parity enforcement in Washington, D.C. on July 27, 2017, and accepted written comments on this issue from stakeholders and interested parties from July 3 to August 10, 2017, via a dedicated e-mail address. Over 40 comments were received, including 20 in-person testimonies, from a wide range of stakeholders, including consumers and consumer advocates, providers, and other interested parties." [Page includes link to all comments and testimony.]
U.S. Department of Health and Human Services [HHS]