Affordable Care Act, Mental Health Parity and Addiction Equity Act FAQs: Employment Law Manual Updated, Forms Added

Author: Tracy Morley, XpertHR Legal Editor

In October, the Departments of Health and Human Services, Treasury and Labor released FAQs clarifying provisions of the Affordable Care Act (ACA) and the Mental Health Parity and Addiction Equity Act (MHPAEA).

The ACA requires group health plans to cover certain preventive care services with no cost-sharing. The new FAQs touch on the following preventive care services:

• Breastfeeding equipment and lactation counseling;
• Weight management for adult obesity;
• Colonoscopies; and
• Breast cancer (BRCA) gene testing.

The FAQs also remind employers that an accommodation may be available to those with a religious objection to covering contraceptives. Plus, the FAQs provide clarity on nonfinancial (or in-kind) rewards under a health-contingent wellness program. In light of these FAQs, the Health Care Benefits: Federal section of the Employment Law Manual has been updated. Plus, the following religious accommodation forms have been added:

• EBSA Form 700; and
• Model Notice of Objection.

Finally, in light of FAQs related to MHPAEA medical necessity criteria disclosure requirements, the Compliance, Reporting and Disclosure Requirements: Federal section of the Employment Law Manual has been updated.