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Shedding the Light on Employer Responsibility Under MHPAEA

Level: Advanced
Runtime: 92 minutes
Recorded Date: January 20, 2022
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  • Legislative History of MHPAEA and the Current Enforcement Landscape
  • General Compliance Obligations Requiredby MHPAEA
  • Identifying and Evaluating Quantitative Treatment Limitations (“QTLs”)
  • Identifying and Evaluating Nonquantitative Treatment Limitations (“NQTLs”)
  • Appendix
Runtime: 1 hour, 32 minutes
Recorded: January 20, 2022

For NY - Difficulty Level: For experienced attorneys only (non-transitional)


The Mental Health Parity and Addiction Equity Act (MHPAEA) generally prevents group health plans and insurance issuers that provide mental health and/or substance abuse benefits (MH/SUD) from imposing more restrictions on those benefits than medical/surgical (M/S) benefits. The Consolidated Appropriations Act (CAA) kicks the MHPAEA compliance requirements up a notch and requires group health plans and insurers that provide MH/SUD and M/S benefits to prepare a comparative analysis of any nonquantitative treatment limits (NQTLs) that apply under the plan. As of February 10, 2021, plans are required to provide this analysis and supporting documentation if requested by the Department of Labor.

This program was recorded on January 20th, 2022.

Provided By

American Bar Association
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David Sydlik

Senior Advisor, Office of Health PLan Standards and Compliance Assistance
U.S. Department of Labor

David Sydlik is a Senior Advisor for the Office of Health Plan Standards and Compliance Assistance (OHPSCA) at the U.S. Department of Labor.

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Elizabeth K. Green

Kantor & Kantor, LLP

Elizabeth K. Green is a partner with Kantor & Kantor who joined the firm at its inception in 2004. Elizabeth represents individual clients seeking health benefits pursuant to ERISA benefit plans. She has developed a specific focus on mental health benefits and particularly the protections provided by federal and state mental health parity laws. Elizabeth enjoys the unique challenges of ERISA and health law and being an effective advocate for her clients.

Elizabeth’s legal career has focused on representing individuals to obtain insurance benefits. Elizabeth has also represented individuals seeking long term care, disability, and life insurance benefits at Kantor & Kantor. Following law school, Elizabeth represented insureds to obtain homeowners’ insurance benefits at Quisenberry & Kabateck LLP.

Elizabeth was born in Illinois, raised in Southern California, and lives in Glendale with her husband and their three children. On weekends, she enjoys running the trails in Griffith Park and watching her kids’ soccer games.

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Nicole Bitter

Director of Compliance
Willis Towers Watson

Nicole Bitter is the Director of Compliance at Willis Towers Watson.

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Tara Silver-Malyska

Senior Principal, National Legal & Research Group
Willis Towers Watson

Tara Silver-Malyska is a Senior Principal in the Willis Towers Watson Human Capital Practice’s National Legal & Research Group.

Tara is an accomplished attorney with more than 20 years of experience focused on employee benefits, including health and welfare, qualified retirement and executive compensation.

She held positions with four big four accounting firms, and served as Employee Benefits Counsel for a global actuarial and consulting firm. She has also provided advice to a government agency regarding appeals of defined benefit entitlements.

Tara monitors and analyzes employee benefits legislative and regulatory issues, writes and peer reviews technical articles, performs related research, and provides guidance to clients and consultants. Her consulting experience includes plan design, drafting, and qualification, correction program and compliance issues, government filings, reporting and disclosure, tax issues, M&A, QDROs, PBGC, Dodd-Frank, and public and private audit assistance. In addition, Tara has experience with employee benefit internal audits and not-for-profit entities.

Tara is the American Bar Association Group Chair and a member of the Tax Section. She is the Dallas Bar Association, Employee Benefits/Executive Compensation Past Chair. She is a Gulf Coast TE/GE Council Member and SouthWest Benefits Association (SWBA) member; the Past Program Chair for the Northern Virginia and Dallas Chapters of Worldwide Employee Benefit Network (WEB); the Past President D/FW Chapter and Program Co-Chair Dallas Chapter and current board member, and Past Seminar Chair and Board Member Capital Chapter of the International Society Certified Employee Benefits Society (CEBS); and Dallas Benefits Society Past Co-Chair.

She is a frequent speaker and author on employee benefit topics.

Tara received a J.D. from Texas A&M University School of Law, Fort Worth, Texas; an MBA from the University of Dallas, Irving, Texas, Sigma Iota Epsilon; and a B.F.A. from Virginia Commonwealth University, Richmond, Virginia.

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