The ERISA Industry Committee Submits Critical Comments on Mental Health Parity and Addiction Equity Act

WASHINGTON, October 17, 2023 – The ERISA Industry Committee (ERIC) today submitted comments to the U.S. Departments of Labor, Health and Human Services, and the Treasury in response to the Proposed Rules on the Mental Health Parity and Addiction Equity Act (“MHPAEA”).  ERIC’s review of the enormous volume of complex new policy proposals, many of which reflect an overreach of agency authority under the statute, found that the rules, if finalized, would be overly burdensome to employer-sponsored health benefit plans; confusing, costly, and impossible to comply with; and subject millions of employees and their families to higher health care costs and changes to their benefit designs.  
“ERIC member companies choose to voluntarily offer comprehensive mental health and substance use disorder benefits to attract and retain talented workers, and to keep employees healthy and productive,” said James Gelfand, President and CEO of ERIC.  “At the same time, our members believe that MHPAEA compliance is essential.  ERIC members have been leaders in offering affordable, access to high quality benefits for many years, and continue to meet the needs of their workforce through innovative benefit designs, including the use of telebehavioral health, which proved critical during COVID and continues to meet an important need today.”
“Unfortunately, the proposed regulations are so unworkable, it is unclear how compliance could ever be achieved while continuing to offer these important benefits. The Departments’ proposals are written in a way that sets plans up to fail. We call upon the Departments to work with ERIC and all stakeholders through a more engaging policy development process, where areas of need can be identified and prioritized, such as mental health and substance use disorder workforce shortage issues, and all parties can propose effective solutions.”
To read ERIC’s comments, click here.


All media inquiries to The ERISA Industry Committee should be directed to

About The ERISA Industry Committee
ERIC is a national advocacy organization that exclusively represents large employers that provide health, retirement, paid leave, and other benefits to their nationwide workforces. With member companies that are leaders in every sector of the economy, ERIC advocates on the federal, state, and local levels for policies that promote flexibility and uniformity in the administration of their employee benefit plans.