What the bulletin says
Field Assistance Bulletin 2026-03, dated September 8, 2026, narrows how the Employee Benefits Security Administration will enforce the Mental Health Parity and Addiction Equity Act. It says EBSA "will not pursue enforcement actions of those portions of the 2024 Final Rule" and will focus its comparative analysis enforcement on three areas: separate treatment limitations including exclusions, medical necessity standards and review processes, and network adequacy. On exclusions it says EBSA "will focus its resources on cases involving blanket treatment exclusions applicable only to MH/SUD benefits."
What it does not say
The bulletin does not mention autism or applied behavior analysis. It refers to mental health and substance use disorder benefits in general. Trade coverage has described a separate EBSA page listing ABA exclusions and autism age limits as parity red flags; we have not read that page and do not rely on it here.
Analysis: For self funded and insured employer plans, this lowers federal pressure on some parity theories while keeping blanket exclusions and network adequacy in view. How that reaches an ABA exclusion in a specific plan is a question for counsel. This is not a rule change.
This brief rests on the primary source linked above. Education only; nothing here is legal advice.
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