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Joanne Roskey Quoted on Whether Regulations Can Mandate Information Access for Mental Health Parity Comparative Analyses in Bloomberg Law

"Employers Await Mental Health Parity Help as Frustrations Build"

Bloomberg Law

Joanne Roskey, former Chief of the Division of Health Investigations for the Department of Labor's (DOL) Employee Benefits Security Administration (EBSA), was quoted on the lack of clarity over whether the regulations can mandate access to information for critical comparative analyses as DOL prepares for new mental health parity guidance. It's difficult for the DOL to get plan administrators to give information to plans, Roskey said in an interview with Bloomberg Law. Contracts between service providers and plans govern much of what can be disclosed, while DOL has authority to get access to plan information from service providers, Roskey noted. "But the concern is how to get access to the parties that have to do these comparative analyses," she said. "That's a tricky one. The regulations can address maybe what plans and issuers have to do when they are not given access, but whether or not the regs can actually mandate conduct by the provider and holders of this information is not something that's very clear."