Joanne Roskey Comments on High-Stakes Challenge to Mental Health Parity Rule in Law360
Subtitle
"4 ERISA Cases to Watch in the 2nd Half of 2025"
Law360
Joanne Roskey, former Deputy Associate Solicitor at the U.S. Department of Labor (DOL) and former Chief of the Division of Health Investigations in DOL's Employee Benefits Security Administration (EBSA), commented on the ERISA Industry Committee's (ERIC) lawsuit challenging the Biden administration's final mental health parity rule, describing the case as "a major lawsuit on a major rule." The suit, filed in January, argues that the rule exceeds federal agencies' authority and violates the Administrative Procedure Act (APA). Roskey noted that the provisions at issue "are going to be challenging to implement" if upheld. She added that a ruling striking down the regulation "is going to have a huge impact on what the requirements are on plans and employers, and also what the potential liability is for not complying." The case, ERIC v. Department of Health and Human Services, et al., is currently on hold pending agency reconsideration of the final rule.