I
117th CONGRESS
1st Session
H. R. 1364
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Mr. Norcross (for himself, Mr. Courtney, Mr. Fitzpatrick, and Ms. Kuster) 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 strengthen parity in mental health and substance use disorder benefits, and for other purposes.
Short title
This Act may be cited as the Parity Enforcement Act of 2021
.
Authorizing enforcement authority for mental health and substance use disorder benefits
In general
Section 502(c)(10)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) is amended by striking for any failure
and all that follows through in connection with the plan
and inserting
for any failure by such sponsor or issuer, in connection with the plan—
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
to meet the requirements of subsection (a) of section 712 with respect to parity in mental health and substance use disorder benefits.
.
Technical and conforming amendments
Section 502 of such Act (29 U.S.C. 1132) is amended—
in subsection (a)(6), by striking or (9)
and inserting (9), or (10)
;
in subsection (b)(3)—
by striking subsections (c)(9) and (a)(6)
and inserting subsections (c)(9), (c)(10), and (a)(6)
;
by striking under subsection (c)(9)
and inserting under subsections (c)(9) and (c)(10)
; and
by striking 706(a)(1)
and inserting 733(a)(1)
; and
in subsection (c)(10) 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
.
Effective date
The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of enactment of this Act.
