Strengthening Behavioral Health Benefits Act
This bill provides additional statutory authority and funding to enforce the mental health and substance use disorder parity requirements that apply to group and individual health insurance plans.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7767 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7767
To amend the Employee Retirement Income Security Act of 1974 to provide
for the enforcement of mental health and substance abuse disorder
parity requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2022
Mr. Courtney (for himself and Mr. Norcross) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to provide
for the enforcement of mental health and substance abuse disorder
parity requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Behavioral Health
Benefits Act''.
SEC. 2. ENFORCEMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER
REQUIREMENTS.
(a) In General.--Section 502(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132(a)) is amended--
(1) in paragraph (10), by striking ``or'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(12) in any case relating to the provision of mental
health benefits and substance use disorder benefits under a
group health plan or under group health insurance coverage
offered by a health insurance issuer in connection with a group
health plan (as such terms are defined in section 733), by the
Secretary, or by a participant, beneficiary, or fiduciary, to
enforce any provision of this title or the terms of the plan or
coverage relating to such benefits against a group health plan,
a health insurance issuer, a fiduciary of a plan, or any other
person that contracts with a group health plan to provide group
health insurance coverage or assistance in the administration
of a group health plan (including a third party administrator,
managed behavioral health organization, and a pharmacy benefit
manager), if such person participates in or conceals a
violation of any requirement of part 7 relating to such
benefits or a wrongful denial of a claim for mental health
benefits or substance use disorder benefits under the terms of
the plan or coverage, to obtain appropriate relief, in addition
to any other relief otherwise available under this section,
including--
``(A) to recover all losses to participants and
beneficiaries;
``(B) to reform impermissible plan or coverage
terms and policies (as written or in operation) in
accordance with the requirements of this title and its
implementing regulations; or
``(C) to ensure the readjudication of claims and
payment of benefits in accordance with the plan or
coverage terms without any impermissible limitation,
plan or coverage term, or policy.''.
(b) Clarification of General Enforcement Authorities.--
(1) Actions brought by a participant, beneficiary, or
fiduciary.--Section 502(a)(3) of such Act (29 U.S.C.
1132(a)(3)) is amended--
(A) by striking ``or (B)'' and inserting ``(B)'';
and
(B) by inserting before the semicolon at the end
the following: ``, or (C) to require re-adjudication
and payment of benefits to remedy violations of this
title notwithstanding the availability of relief under
other provisions of this title''.
(2) Actions brought by the secretary.--Section 502(a)(5) of
such Act (29 U.S.C. 1132(a)(5)) is amended--
(A) by striking ``or (B)'' and inserting ``(B)'';
and
(B) by inserting before the semicolon at the end
the following: ``, or (C) to require re-adjudication
and payment of benefits to remedy violations of this
title notwithstanding the availability of relief under
other provisions of this title''.
(c) Exception to the General Prohibition on Enforcement.--Section
502(b)(3) of such Act (29 U.S.C. 1132(b)(3)) is amended--
(1) by inserting ``, and except with respect to enforcement
by the Secretary of section 712 or any other provision of part
7 in any case relating to mental health benefits and substance
use disorder benefits'' after ``under subsection (c)(9))''; and
(2) by striking ``706(a)(1)'' and inserting ``733(a)(1)''.
(d) Definitions.--Part 7 of title I of such Act (29 U.S.C. 1181 et
seq.) is amended--
(1) in section 712(e), in the matter preceding paragraph
(1), by inserting ``and section 502(a)(12)'' after ``this
section''; and
(2) in section 733--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``and section 502(a)(12)''
after ``this part''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by inserting ``and section 502(a)(12)''
after ``this part''.
(e) Funding.--
(1) In general.--In addition to amounts otherwise
available, there are appropriated (out of any money in the
Treasury not otherwise appropriated) to the Department of Labor
for fiscal year 2023, to remain available until September 30,
2032, $275,000,000, of which--
(A) $240,000,000 shall be for the Employee Benefits
Security Administration; and
(B) $35,000,000 shall be for the Solicitor of
Labor.
(2) Use of appropriated funds.--Amounts made available
under paragraph (1) may be used for audits and investigations,
enforcement actions, litigation expenses, issuance of
regulations or guidance, and any other Departmental activities
relating to section 712 of the Employee Retirement Income
Security Act of 1974 and any other provision of title I of such
Act relating to mental health and substance use disorder
benefits.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line