Benefits Litigation

The 2024 mental health parity rule is paused, but the parity law still applies.

Litigation by the ERISA Industry Committee led the agencies to say they will not enforce the 2024 rule while the case is paused.

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The Pause

What happened.

ERIC Lawsuit

ERIC v. HHS was filed January 17, 2025 in the District of Columbia, No. 1:25-cv-00136.

Abeyance

The court paused the case on May 13, 2025.

Nonenforcement

A May 15, 2025 notice says the agencies will not enforce the new provisions during the pause plus 18 months.

What It Means for Employers

Practical effects.

The Statute Still Applies

The 2008 parity law and earlier regulations remain in force.

Comparative Analysis

Plans should keep their analyses current.

Watch for Changes

The agencies may revise the rule.

Ask Your Carrier

Confirm how the carrier handles parity testing.

Common Questions

Quick answers.

Short answers. This is general information, not legal or tax advice.

Is parity still required?

Yes, the statute and older regulations apply.

Is the 2024 rule gone?

It is not being enforced for now.

Who is affected?

Group health plans that cover mental health benefits.

Sources

Where the rules and figures come from.

Each figure on this page comes from the source below. Amounts are indexed or updated over time, so confirm current figures before relying on them.

DOL Statement on MHPAEA Enforcement

The May 15, 2025 notice that the 2024 parity rule will not be enforced.

Read the Source

Crowell on the Parity Pause

The ERIC lawsuit, No. 1:25-cv-00136 (D.D.C.), and the abeyance order.

Read the Source

29 U.S.C. 1104

ERISA fiduciary duties of prudence and loyalty.

Read the Source

Let’s Get to Work

Send us your renewal.

We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.

What to send

The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier

Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.

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