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DOL says MHPAEA enforcement priorities stay in place despite a pause
In a September 8 bulletin, EBSA laid out three enforcement priorities and a red-flags checklist for plan compliance under MHPAEA.
Insurance Business reports that the Department of Labor’s Employee Benefits Security Administration issued Field Assistance Bulletin No. 2026-03 on September 8, outlining three MHPAEA enforcement priorities and publishing a checklist of compliance “red flags.”
The bulletin is framed as clarifying operational expectations rather than changing the underlying legal obligations, and its three priorities broadly track enforcement focus areas EBSA has previously highlighted to Congress.
The outlet also notes that in May 2025, the Departments of Labor, Health and Human Services, and Treasury said they would not enforce the 2024 MHPAEA final rule while a legal challenge by the ERISA Industry Committee (ERIC) remains ongoing.
According to Insurance Business, those departments told a federal court on March 30 that they intend to issue a new proposed rule by December 31.