On September 8, 2026, the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03 (Bulletin 2026-03), narrowing near-term enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) to three priority areas and confirming nonenforcement of the 2024 Final Rule's newer provisions pending litigation. The administration has also stopped defending that rule in court and promised a substantially revised proposal by December 31, 2026. Congress is moving the other way: bipartisan legislation to expand DOL's enforcement authority is pending in the House, and the Senate HELP Committee is poised to scrutinize any administration proposal. For plans and insurers, the message is clear: narrower federal enforcement does not eliminate the risk of leaving mental health services uncovered. That risk now runs through EBSA, fiduciary litigation, state law, and Congress simultaneously.
Congress Built This Framework and Keeps… Read the complete article here...
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