[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4804 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4804
To provide for civil monetary penalties for violations of mental health
parity requirements.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2022
Mr. Murphy (for himself, Ms. Smith, and Mr. Lujan) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for civil monetary penalties for violations of mental health
parity requirements.
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 ``Parity Enforcement Act of 2022''.
SEC. 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
inserting ``for 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.
<all>