Today in ERISA History

Oct. 8, 2008 – The Emergency Economic Stabilization Act of 2008 (EESA), public law 110-343, is signed into law by President George W. Bush. EESA contained a number of provisions, including creating the Troubled Asset Relief Program (TARP) and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).

MHPAEA amended ERISA section 712 to require that if a group health plan, or health insurance coverage offered in connection with a group health plan, offered coverage for mental health and substance abuse, the coverage must be equal for psychological disorders, alcoholism, and drug addiction. This change was emphasized by MPAEA changing the term “mental health benefits” to “mental health and substance disorder benefits” everywhere in the Code where “mental health benefits” had previously appeared.

MHPAEA was generally effective one year after the enactment date, which meant that it was effective for plan years beginning on or after Oct. 3, 2009. For calendar year plans, this meant MHPAEA was effective for plan years beginning Jan. 1, 2010.

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