On September 8, 2026, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03 (FAB 2026-03 or the Bulletin), announcing a focused enforcement policy for the Mental Health Parity and Addiction Equity Act (MHPAEA). At the same time, EBSA also released a corresponding compliance tool intended to provide additional guidance…

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently released their 2025 Report to Congress on enforcement activity under the Mental Health Parity and Addiction Equity Act (“MHPAEA”).

Background

MHPAEA is a federal law that generally requires group health plans and health insurance issuers that provide mental health or substance…

On January 17, 2025, the ERISA Industry Committee (“ERIC”) filed a lawsuit, The ERISA Industry Committee v. United States Department of Health and Human Services et al. challenging the final Mental Health Parity and Addiction Equity Act (“MHPAEA”) rule published by the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) in…