A broker’s guide to staying ahead of regulations and guiding clients through mental health responsibilities
Mental health support in the workplace is no longer just a best practice—it’s becoming a compliance issue. With evolving state legislation, federal guidance, and rising legal expectations around mental health parity, brokers must be prepared to advise clients on both risk mitigation and legal responsibility.
This guide provides a snapshot of what’s changing, what to watch, and how EAPs can play a strategic role in maintaining compliance.
Key Trends in Mental Health Compliance (2024–2025)
- Mental Health Parity Enforcement: Federal regulators are cracking down on employer-sponsored plans that fail to meet mental health parity standards under the Mental Health Parity and Addiction Equity Act (MHPAEA). This includes ensuring equal access to mental health services compared to physical health services.
- State-Level Mandates: States like California, New York, and Illinois have passed laws requiring certain employers to provide mental health education, crisis planning, or wellness resources.
- ADA and Mental Health Accommodations: Mental health conditions now represent a growing share of ADA accommodation requests. Employers must be prepared to offer support or make reasonable changes.
- Workplace Violence and Trauma Response: New requirements in public-facing sectors (healthcare, education, public safety) mandate crisis response protocols and employee support systems.
- Remote Work and Mental Health: Remote workers are protected under the same mental health rights as on-site employees. Employers must ensure equal access to care, regardless of location.
How the EAP Supports Compliance
- Provides documentation of available mental health resources
- Serves as a first step in addressing ADA-related requests
- Demonstrates proactive effort in employee wellness (risk mitigation)
- Offers immediate access to support for crisis, trauma, and post-incident care
- Reinforces mental health parity when offered alongside traditional medical benefits
EAP Compliance & Risk Checklist
Use this to help clients evaluate their EAP’s compliance readiness:
- EAP is included in the SPD and communicated clearly to all employees
- EAP access is equal for in-person, hybrid, and remote workers
- EAP providers meet licensure and credentialing requirements
- EAP usage is confidential and follows HIPAA/FMLA/ADA standards
- Crisis response support (CIRs) is available within 24–48 hours
- EAP integrates with broader benefit and safety programs
- Reports include anonymized utilization trends and issue types
Legal Q&A for Brokers
Q: Can an EAP be used as a reasonable accommodation under the ADA?
A: Yes—while the EAP isn’t a formal accommodation, offering it can demonstrate the employer is taking steps to support the employee’s mental health and reduce job impact.
Q: Is an employer required to promote or train managers on EAP use?
A: Not by law—but it’s strongly advised. Lack of awareness can increase liability if mental health support is “available” but not realistically accessible.
Q: Do EAP services count toward MHPAEA compliance?
A: No—because EAPs are typically exempt as “excepted benefits.” However, offering an EAP as a complement to the medical plan can help demonstrate the employer’s mental health strategy.
Final Word for Brokers
Mental health compliance is no longer optional. It’s woven into how employers recruit, retain, and protect their workforce. Help your clients understand the risks—and use the EAP as part of the solution.