On August 3, 2023, the U.S. Departments of the Treasury, Labor, and Health and Human Services
published a proposed rule to amend the federal regulations that implement the Mental Health Parity
and Addiction Equity Act of 2008. Specifically, the rule proposes to amend the existing nonquantitative
treatment limitation (NQTL) standard to prevent health plans and issuers from using NQTLs to place
greater limits on access to mental health and substance use disorder benefits as compared to
medical/surgical benefits.
On September 29, the Federal Trade Commission (FTC) submitted a comment in support of the
proposed rule. Highlighting examples of actions taken by the Commission to curb deceptive business
practices targeting individuals seeking substance use disorder treatment, the comment expressed
concern that individuals with a lack of insurance or other financial impediments may be particularly
vulnerable to such scams. The FTC also noted that having insurance does not guarantee protection
against unscrupulous actors, as fraudulent practices directed at insured consumers have been reported.
The FTC's comment emphasized that the proposed rule does not hinder local, state, or federal
authorities from addressing waste, fraud, or abuse. Lastly, they noted that the proposal strikes the right
balance by maintaining previous enforcement mechanisms while improving insurance coverage for
substance use disorder treatment.
Comments may be submitted on the proposed rule until Oct. 17, 2023.
Read the proposed rule.
Read FTC’s comment.