April 1, 2010

Coalition for Parity Inc., v. Sebelius et al., Memorandum Opinion

The Coalition for Parity, Inc., sued the federal Department of Health and Human Services (HHS) to challenge the rule development process that resulted in the Interim Final Rule (IFR) for the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008. The Coalition, a group of managed behavioral health organizations, alleged that the federal departments charged with developing the rule failed to follow standard processes, which denied the plaintiffs due process to comment on a rule that materially affects their organizations. They requested a temporary restraining order to prevent the rule from going into effect on April 5, 2010. This document is the judge's ruling on the restraining order. It denies the restraining order, but does grant a further review of the rule development process.