DOL Narrows MHPAEA Enforcement Amid Rule Litigation
A new DOL bulletin directs investigators to prioritize three NQTL areas for mental health parity enforcement while a 2024 final rule remains subject to litigation and partial non-enforcement.
The U.S. Department of Labor issued a Field Assistance Bulletin on Sept. 8, 2026, clarifying its near-term enforcement priorities for the Mental Health Parity and Addiction Equity Act (MHPAEA). The guidance directs investigators to focus on three specific types of nonquantitative treatment limitations (NQTLs): blanket exclusions for mental health benefits, standards for medical necessity, and network adequacy. This development offers a clearer compliance roadmap for plan sponsors navigating the uncertainty created by a pending lawsuit that challenges the DOL’s 2024 final parity rule. While the agency has committed not to enforce certain "new" aspects of that rule, the bulletin narrowly defines those aspects, potentially leaving other controversial provisions, such as those relying on outcomes data to prove discrimination, subject to enforcement. The DOL also released a self-compliance tool that encourages plans to monitor outcomes. Plan sponsors should immediately assess their NQTLs against the three prioritized enforcement areas and monitor the ongoing litigation and the expected release of a new proposed rule by Dec. 31, 2026.