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While 75% of employers believe they are doing enough to help manage medical costs, only 46% of employees agree.

A new draft regulation would let employers offer the coverage through excepted benefits products.

But that doesn't mean employers with many high-risk employees are getting price breaks.

"Today, we take clear and decisive action to confront our nation's mental health crisis by addressing the overuse of psychiatric medications -- especially among children," he said last week.

The case could hinge on the details in a self-funded health plan's master services agreement.

A "hospital bill" would have to show whether the care was delivered on the main campus or at an outpatient facility.