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APA Calls for Strong Mental Health Parity Protections as the Administration Intends to Issue a New Proposed Rule

WASHINGTON, D.C., April 2, 2026 - At a time when mental health needs are rising, the American Psychiatric Association (APA) is deeply disappointed that the administration has chosen not to defend the 2024 final rule implementing the Mental Health Parity and Addiction Equity Act (MHPAEA) in litigation brought by the ERISA Industry Committee (ERIC), which challenged key provisions of the rule. This decision moves us one step further away from true enforcement of mental health parity rules, thereby limiting access to critical mental illness and substance use disorder services that millions of Americans require. In a March 30 filing in federal court, the administration said it will issue a new proposed rule before the end of 2026.  
The 2024 final rule marked the first major update to MHPAEA regulations in nearly a decade and built on both the original 2008 law and subsequent requirements enacted by Congress in 2021. The final rule reinforced that health plans must analyze and document limits on mental health and substance use disorder benefits and ensure they are no more restrictive than those applied to medical and surgical care. It also codified requirements that insurers conduct and make available comparative analyses of nonquantitative treatment limitations - such as prior authorization and step therapy - and take action to address disparities in access, including differences in claims denials between physical health and behavioral health services. 
Despite the federal parity law, patients continue to face significant barriers to timely mental health care and substance use disorder services. The 2024 final rule was designed to close these well-documented gaps by strengthening accountability and ensuring the law's intent is fulfilled.  Strong parity oversight remains essential, and the underlying parity obligations of MHPAEA remain in effect even as the administration reconsiders the 2024 rule. 
APA stands ready to work with the administration to develop a new proposed rule that would strengthen enforcement of the nearly 15-year-old mental health parity law and ensure Americans who need these services can access them. Access to mental health and substance use disorder services is a non-partisan issue.  

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