DOL Issues New Guidance on Mental Health Parity Enforcement
The DOL issued Field Assistance Bulletin 2026-03 clarifying mental health parity enforcement.
Why it matters: Employers and their legal teams must understand updated enforcement priorities to manage compliance risks under federal mental health parity laws. This affects plan design and potential litigation exposure.
- FAB 2026-03 issued on September 8, 2026, focuses on enforcement of Mental Health Parity and Addiction Equity Act (MHPAEA).
- Highlights enforcement of nonquantitative treatment limitations (NQTLs) in three areas: separate treatment limits, medical necessity standards, and network adequacy.
- DOL aims to reduce compliance burdens by providing a streamlined enforcement framework for plan sponsors.
- Enforcement priorities target egregious violations that harm employee benefits, emphasizing fairness and responsiveness.
- Mental health and substance use disorder parity is a national enforcement priority for the DOL.
On September 8, 2026, the U.S. Department of Labor (DOL) released Field Assistance Bulletin (FAB) 2026-03. This bulletin clarifies the DOL 27s enforcement approach toward the Mental Health Parity and Addiction Equity Act (MHPAEA), a federal statute that requires parity between mental health and substance use disorder benefits and medical/surgical benefits in employee benefit plans.
FAB 2026-03 zeroes in on three categories of nonquantitative treatment limitations (NQTLs): separate treatment limitations, medical necessity standards and review processes, and network adequacy standards. By targeting these areas, the DOL aims to address common barriers that restrict access to mental health and substance use disorder services.
The DOL 27s goal is to offer a streamlined and practical framework for plan sponsors, reducing confusion and compliance burdens without sacrificing enforcement effectiveness.
Daniel Aronowitz, Assistant Secretary of Labor for Employee Benefits Security, emphasized the focus on serious misconduct: 22This update to our enforcement program makes it clear that our focus is on true bad actors whose actions harm the benefits American workers and retirees have earned for themselves and their families. 22
Additionally, the DOL's enforcement priorities make mental health and substance use disorder parity a national priority, highlighting the importance of eliminating barriers to these benefits.
Plan sponsors and legal counsel should monitor how the DOL applies this updated guidance to plan operations and enforcement actions, ensuring policies align with the clarified standards to mitigate regulatory and litigation risk.
By the numbers:
- September 8, 2026 — Date of issuance for FAB 2026-03 by the DOL.
- Three NQTL categories — Separate treatment limits, medical necessity standards, and network adequacy highlighted in enforcement guidance.