[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7767 Introduced in House (IH)]

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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.
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