[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8886 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8886
To amend the Public Health Service Act, Internal Revenue Code of 1986,
and Employee Retirement Income Security Act of 1974 to ensure mental
health and substance use disorder benefits are defined pursuant to
external benchmarks based on nationally recognized standards.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2022
Ms. Moore of Wisconsin (for herself and Mr. Schweikert) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Education and Labor, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act, Internal Revenue Code of 1986,
and Employee Retirement Income Security Act of 1974 to ensure mental
health and substance use disorder benefits are defined pursuant to
external benchmarks based on nationally recognized standards.
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 ``Promoting Clarity in Mental Health
and Substance Use Disorder Treatment Act''.
SEC. 2. ENSURING MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS ARE
DEFINED PURSUANT TO EXTERNAL BENCHMARKS BASED ON
NATIONALLY RECOGNIZED STANDARDS.
(a) PHSA.--Section 2726(e) of the Public Health Service Act (42
U.S.C. 300gg-26(e)) is amended--
(1) in paragraph (4), by adding at the end the following
new sentence: ``Any definition of the term `mental health
condition' applied for purposes of the previous sentence shall
include at least the conditions (other than a substance use
disorder) that fall under any of the diagnostic categories
listed in the mental and behavioral disorders chapter of the
most recent edition of the World Health Organization's
International Statistical Classification of Diseases and
Related Health Problems, or that is listed in the most recent
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders.''; and
(2) in paragraph (5), by adding at the end the following
new sentence: ``Any definition of the term `substance use
disorder' applied for purposes of the previous sentence shall
include at least the disorders that fall under any of the
diagnostic categories listed in the mental and behavioral
disorders chapter of the most recent edition of the World
Health Organization's International Statistical Classification
of Diseases and Related Health Problems as a mental and
behavioral disorder due to psychoactive substance use (or
equivalent category), or that is listed in the most recent
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders as a substance-
related and addictive disorder (or equivalent category).''.
(b) IRC.--Section 9812(e) of the Internal Revenue Code of 1986 is
amended--
(1) in paragraph (4), by adding at the end the following
new sentence: ``Any definition of the term `mental health
condition' applied for purposes of the previous sentence shall
include at least the conditions (other than a substance use
disorder) that fall under any of the diagnostic categories
listed in the mental and behavioral disorders chapter of the
most recent edition of the World Health Organization's
International Statistical Classification of Diseases and
Related Health Problems, or that is listed in the most recent
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders.''; and
(2) in paragraph (5), by adding at the end the following
new sentence: ``Any definition of the term `substance use
disorder' applied for purposes of the previous sentence shall
include at least the disorders that fall under any of the
diagnostic categories listed in the mental and behavioral
disorders chapter of the most recent edition of the World
Health Organization's International Statistical Classification
of Diseases and Related Health Problems as a mental and
behavioral disorder due to psychoactive substance use (or
equivalent category), or that is listed in the most recent
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders as a substance-
related and addictive disorder (or equivalent category).''.
(c) ERISA.--Section 712(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a(e)) is amended--
(1) in paragraph (4), by adding at the end the following
new sentence: ``Any definition of the term `mental health
condition' applied for purposes of the previous sentence shall
include at least the conditions (other than a substance use
disorder) that fall under any of the diagnostic categories
listed in the mental and behavioral disorders chapter of the
most recent edition of the World Health Organization's
International Statistical Classification of Diseases and
Related Health Problems, or that is listed in the most recent
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders.''; and
(2) in paragraph (5), by adding at the end the following
new sentence: ``Any definition of the term `substance use
disorder' applied for purposes of the previous sentence shall
include at least the disorders that fall under any of the
diagnostic categories listed in the mental and behavioral
disorders chapter of the most recent edition of the World
Health Organization's International Statistical Classification
of Diseases and Related Health Problems as a mental and
behavioral disorder due to psychoactive substance use (or
equivalent category), or that is listed in the most recent
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders as a substance-
related and addictive disorder (or equivalent category).''.
(d) Implementation.--The Secretaries of Labor, Health and Human
Services, and the Treasury may implement the provisions of, including
the amendments made by, this section through interim final rule, sub-
regulatory guidance, program instruction, or otherwise.
(e) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after the date that is
6 months after the date of the enactment of this Act.
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