On December 23, 2010, the Departments of Labor and Health and Human Services (the “Departments”) issued helpful new guidance under both the Patient Protection and Affordable Care Act of 2010, as amended (the “Affordable Care Act”) and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The guidance—which is in the form of Frequently Asked Questions (FAQs)—is the fifth in a series of FAQs issued on the Department of Labor’s website. While the prior FAQs were limited to issues arising under the Affordable Care Act, this FAQ also tackles questions under MHPAEA. This client alert summarizes the important features of this latest guidance, which is referred to below as the “FAQ.”