Parity Enforcement Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3752 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3752

To provide for civil monetary penalties for violations of mental health 
                          parity requirements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 30, 2023

 Mr. Norcross (for himself, Mr. Courtney, Mr. Fitzpatrick, Ms. Kuster, 
  Mr. Trone, and Mr. Raskin) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To provide for civil monetary penalties for violations of mental health 
                          parity requirements.

    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 ``Parity Enforcement Act of 2023''.

SEC. 2. CIVIL MONETARY PENALTIES FOR PARITY VIOLATIONS.

    (a) Civil Monetary Penalties Relating to Parity in Mental Health 
and Substance Use Disorders.--Section 502(c)(10) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) is 
amended--
            (1) in the heading, by striking ``use of genetic 
        information'' and inserting ``use of genetic information and 
        parity in mental health and substance use disorder benefits''; 
        and
            (2) in subparagraph (A)--
                    (A) by striking ``any plan sponsor of a group 
                health plan'' and inserting ``any plan sponsor or plan 
                administrator of a group health plan''; and
                    (B) by striking ``for any failure'' and all that 
                follows through ``in connection with the plan.'' and 
                inserting ``for any failure by such sponsor, 
                administrator, or issuer, in connection with the plan--
                            ``(i) to meet the requirements of 
                        subsection (a)(1)(F), (b)(3), (c), or (d) of 
                        section 702 or section 701 or 702(b)(1) with 
                        respect to genetic information; or
                            ``(ii) to meet the requirements of 
                        subsection (a) of section 712 with respect to 
                        parity in mental health and substance use 
                        disorder benefits.''.
    (b) Exception to the General Prohibition on Enforcement.--Section 
502 of such Act (29 U.S.C. 1132) is amended--
            (1) in subsection (a)(6), by striking ``or (9)'' and 
        inserting ``(9), or (10)''; and
            (2) in subsection (b)(3)--
                    (A) by striking ``subsections (c)(9) and (a)(6)'' 
                and inserting ``subsections (c)(9), (c)(10), and 
                (a)(6)'';
                    (B) by striking ``under subsection (c)(9))'' and 
                inserting ``under subsections (c)(9) and (c)(10)), and 
                except with respect to enforcement by the Secretary of 
                section 712''; and
                    (C) by striking ``706(a)(1)'' and inserting 
                ``733(a)(1)''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to group health plans, or any health insurance 
issuer offering health insurance coverage in connection with such plan, 
for plan years beginning after the date that is 1 year after the date 
of enactment of this Act.
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