Opening Plans to Individuals and Offering New Services for Mental Health Act of 2023

Opening Plans to Individuals and Offering New Services for Mental Health Act of 2023 or the OPTIONS Act of 2023

This bill allows a high-deductible health plan (HDHP) to provide up to $500 of mental health benefits before the annual deductible is met as part of its plan benefits and still be classified as an HDHP. 

Under current law, to be considered health savings account-eligible, an HDHP must have a deductible above a certain minimum threshold amount, which is adjusted annually. For 2024, a health plan's annual deductible must be at least $1,600 for self-only coverage and $3,200 for family coverage to qualify as an HDHP. 

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5752 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5752

   To amend the Internal Revenue Code of 1986 to allow first-dollar 
   coverage of mental health services for purposes of health savings 
                               accounts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2023

 Mr. Fitzpatrick (for himself and Mr. Trone) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To amend the Internal Revenue Code of 1986 to allow first-dollar 
   coverage of mental health services for purposes of health savings 
                               accounts.

    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 ``Opening Plans to Individuals and 
Offering New Services for Mental Health Act of 2023'' or the ``OPTIONS 
Act of 2023''.

SEC. 2. SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR MENTAL HEALTH 
              SERVICES.

    (a) In General.--Section 223(c)(2) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(H) Safe harbor for absence of deductible for 
                mental health services.--A plan shall not fail to be 
                treated as a high deductible health plan by reason of 
                failing to have a deductible for not more than the 
                first $500 of any mental health benefits (as defined in 
                section 9812(e)(4)) specified by the plan for purposes 
                of this subparagraph.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to plan years beginning after December 31, 2023.
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