DOL, along with the Department of HHS and Treasury, issued its 2022 MHPAEA Report to Congress: Realizing Parity, Reducing Stigma, and Raising Awareness. The report serves as both DOL's biennial report to Congress on MHPAEA compliance, as well as the report required under 203 of title II of Division BB of the Consolidated Appropriations Act that requires the Department to provide an annual report to Congress on NATL comparative analyses. We are also contemporaneously issuing the FY21 MHPAEA enforcement fact sheet. The documents are available at Mental Health and Substance Use Disorder Parity - U.S. Department of Labor (dol.gov).
DOL and HHS found that none of the submitted analyses met the statutory requirements. DOL called on Congress to give it the power to issue fines for parity violations. Such a provision is in the Build Back Better Act. It's critical that this be included in any final package that may get passed. Examples of parity violations found Applied Behavioral Analysis (ABA) therapy exclusions for autism.