117 S4804 IS: Parity Enforcement Act of 2022 U.S. Senate 2022-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4804IN THE SENATE OF THE UNITED STATESSeptember 8, 2022Mr. Murphy (for himself, Ms. Smith, and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo provide for civil monetary penalties for violations of mental health parity requirements.

1.

Short title

This Act may be cited as the Parity Enforcement Act of 2022.

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 insertingfor 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.