On September 8, 2026, the U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03 (“FAB 2026-03”) and an accompanying compliance resource identifying potential warning signs of Mental Health Parity and Addiction Equity Act (MHPAEA) violations.
The new guidance provides the clearest and most concise distillation of EBSA’s enforcement priorities to date, and is likely to be most helpful as a practical tool to assist employers in spotting potential concerns in the design or administration of their health plan benefits by an administrative services organization or third-party administrator. EBSA has identified where investigators are most likely to begin and has organized its prior enforcement experience into a more accessible roadmap. From a policy perspective, however, the most notable feature of the new guidance may be how closely it tracks the DOL’s prior enforcement reports and guidance.
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