[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3758 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3758
To amend the Employee Retirement Income Security Act of 1974 to
establish parity in the treatment of behavioral health and physical
health conditions under disability benefit plans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2025
Mr. DeSaulnier (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on Education and
Workforce
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to
establish parity in the treatment of behavioral health and physical
health conditions under disability benefit plans.
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 ``Workers' Disability Benefits Parity
Act of 2025''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Advisory Council on Employee Welfare and Pension
Benefit Plans (``ERISA Advisory Council'') was established
pursuant to section 512 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1142) to provide advice and
recommendations to the Secretary of Labor.
(2) In 2023, the ERISA Advisory Council published a report
to the Secretary entitled ``Long-Term Disability Benefits and
Mental Health Disparity''.
(3) This report found that discriminatory benefit
limitations--including duration limits found in nearly all
long-term disability benefit plans--impede access to disability
benefits for workers whose disability is caused by a behavioral
health condition.
(4) The report called for the Secretary to work with
Congress to ensure that there is parity in disability benefits
provided to workers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) benefit limitations for workers whose disability is
caused by a behavioral health condition are discriminatory; and
(2) disability benefits should be provided without regard
to the cause of a worker's disability.
TITLE I--ERISA AMENDMENTS
SEC. 101. PARITY IN DISABILITY PLAN REQUIREMENTS.
(a) In General.--Subtitle B of title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by
adding at the end the following new part:
``PART 9--DISABILITY BENEFIT PLAN REQUIREMENTS
``SEC. 901. DEFINITIONS.
``For purposes of this part:
``(1) Disability benefit.--The term `disability benefit'
means payment provided to a participant or beneficiary as a
result of the loss of earning capacity resulting from injury or
sickness.
``(2) Disability benefit plan.--The term `disability
benefit plan' means an employee welfare benefit plan that
provides a disability benefit to participants or beneficiaries
directly or through insurance or otherwise.
``(3) Mental health condition.--The term `mental health
condition' means any condition (other than a substance use
disorder) that falls under any of the diagnostic categories
listed in the mental, behavioral, and neurodevelopmental
disorders chapter (or equivalent chapter) of the current
version of the World Health Organization's International
Statistical Classification of Diseases and Related Health
Problems (or a successor publication), or that is listed in the
current version of the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders (or a
successor publication).
``(4) Substance use disorder.--The term `substance use
disorder' means any disorder that falls under any of the
diagnostic categories listed as a mental or behavioral disorder
due to psychoactive substance use (or equivalent category) in
the mental, behavioral, and neurodevelopmental disorders
chapter of the current version of the World Health
Organization's International Statistical Classification of
Diseases and Related Health Problems (or a successor
publication) or that is listed as a Substance-Related and
Addictive Disorder (or equivalent category) in the current
version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders (or a successor
publication).
``SEC. 902. PARITY REQUIREMENT FOR DISABILITY BENEFITS.
``A disability benefit plan--
``(1) may not place a limitation, exclusion, or other
restriction on benefits relating to a disability arising from a
mental health condition or substance use disorder that is more
restrictive than those applicable to benefits relating to a
disability arising from a physical health condition; and
``(2) shall consider any physical health condition suffered
by an individual that is caused by a disability arising from a
mental health condition or a substance use disorder to be part
of such disability.''.
(b) Civil Monetary Penalties.--Section 502(c) of such Act is
amended by adding at the end the following:
``(13) Civil penalties for violations of part 9.--
``(A) In general.--The Secretary may assess a civil
penalty against any sponsor, administrator, service
provider, or any other person or entity (except for a
plan) who violates, or knowingly causes or conceals a
violation of, part 9 of this title.
``(B) Amount.--The amount of the penalty imposed by
subparagraph (A) shall be equal to the amount of the
penalty described in paragraph (10)(B) for each day in
the noncompliance period described in subparagraph (C)
with respect to each participant or beneficiary to whom
such violation relates.
``(C) Noncompliance period.--In this paragraph, the
term `noncompliance period' means, with respect to a
violation described in subparagraph (A), the period--
``(i) beginning on the date the violation
occurs; and
``(ii) ending on the date the violation is
corrected.''.
SEC. 102. AUTHORITY TO COLLECT CIVIL MONETARY PENALTIES.
Section 502(a)(6) of the Employee Retirement Income Security Act of
1974 is amended to read as follows:
``(6) by the Secretary to collect any civil penalty under
this title;''.
TITLE II--ADDITIONAL DISABILITY PARITY REQUIREMENTS
SEC. 201. DEFINITIONS.
In this title:
(1) Administrator.--The term ``administrator'' has the
meaning given the term in section 3(16)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(A)).
(2) Employer.--The term ``employer'' has the meaning given
the term in section 3(5) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(5)).
(3) Governmental employee benefit plan.--The term
``governmental employee benefit plan'' has the meaning given
``governmental plan'' in section 3(32) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)),
except that such term shall not include a plan established or
maintained for its employees by the Government of the United
States, or any agency or instrumentality thereof.
(4) Issuer.--The term ``issuer'' means an insurance
company, insurance service, or insurance organization, which is
licensed to engage in the business of insurance in a State and
which is subject to State law which regulates insurance (within
the meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1144(b)(2))). Such term
does not include an employee benefit plan (as defined under
section 3(3) of such Act (29 U.S.C. 1002(3))).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--The term ``State'' includes--
(A) the 50 States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the Virgin Islands;
(E) Guam;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana
Islands.
(7) Additional erisa terms.--The terms ``disability
benefit'', ``disability benefit plan'', ``mental health
condition'', and ``substance use disorder'' have the meanings
given the terms in section 901 of the Employee Retirement
Income Security Act.
(8) Other erisa terms.--The terms ``administrator'',
``employer'', and ``State'' have the meanings given the terms
in section 3 of such Act.
SEC. 202. REQUIREMENT FOR PARITY IN WORKERS' DISABILITY BENEFITS.
In the case of any governmental employee benefit plan or issuer
that provides disability benefits to an individual, such a plan or
issuer--
(1) may not place a limitation, exclusion, or other
restriction on benefits relating to a disability arising from a
mental health condition or substance use disorder that is more
restrictive than those applicable to benefits relating to a
disability arising from a physical health condition; and
(2) shall consider any physical health condition suffered
by an individual that is caused by a disability arising from a
mental health condition or a substance use disorder to be part
of such disability.
SEC. 203. ENFORCEMENT.
(a) State Enforcement.--
(1) State authority.--With respect to disability benefits
provided by an issuer, each State may require that issuers that
issue, sell, renew, or offer disability benefits in the State
meet the requirements of this title with respect to such
issuers.
(2) Failure to implement provisions.--In the case of a
determination by the Secretary that a State has failed to
substantially enforce the requirements of this title with
respect to insurance issuers in the State, the Secretary shall
enforce such requirements.
(b) Secretarial Enforcement Authority.--
(1) In general.--If a governmental employee benefit plan or
an issuer in a State described in subsection (a)(2) is found by
the Secretary to fail to meet the requirements of this title,
the Secretary may assess a civil monetary penalty against the
responsible entity described in paragraph (3) with respect to
such violation.
(2) Civil penalty.--
(A) In general.--The Secretary may assess a civil
penalty described in paragraph (1) against any sponsor,
administrator, service provider, or any other person or
entity (except for a plan) who violates, or knowingly
causes or conceals a violation of, this title.
(B) Amount.--The amount of the penalty imposed by
subparagraph (A) shall be equal the penalty amount
described in section 502(c)(10)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1132(c)(10)(B)) for each day in the noncompliance
period described in subparagraph (C) with respect to
each participant or beneficiary to whom such violation
relates.
(C) Noncompliance period.--In this paragraph, the
term ``noncompliance period'' means, with respect to a
violation described in subparagraph (A), the period--
(i) beginning on the date the violation
occurs; and
(ii) ending on the date the violation is
corrected.
(3) Responsible entity.--The responsible entity described
in this paragraph is, in the case of a failure to meet the
requirements of this title by--
(A) an issuer, such issuer; or
(B) a governmental employee benefit plan that is--
(i) sponsored by 2 or more employers, the
plan administrator; or
(ii) not so sponsored, the employer.
(4) Additional authority.--All powers, remedies, and
authority described in part 5 of the Employee Retirement Income
Security Act shall be available to the Secretary with respect
to any violation of this title by a governmental employee
benefit plan or an issuer described in subsection (a)(2).
(c) Right of Action.--Any individual who is aggrieved by the
failure of a governmental employee benefit plan or issuer, with respect
to disability benefits, to comply with the requirements of this title
may bring an action in State or Federal court for appropriate equitable
relief.
SEC. 204. CONTINUED APPLICABILITY OF STATE LAW.
This title shall not be construed to supersede any provision of
State law that establishes, implements, or continues in effect any
requirement or prohibition with respect to disability benefits except
to the extent that such requirement or prohibition prevents the
application of this title.
TITLE III--IMPLEMENTATION BY SECRETARY OF LABOR
SEC. 301. IMPLEMENTATION OF ERISA ADVISORY COUNCIL RECOMMENDATIONS.
(a) Study.--Not later than 18 months after the date of enactment of
the Worker's Disability Benefits Parity Act of 2025, the Secretary
shall carry out a study on the cost to plan sponsors of providing
disability benefits to participants and beneficiaries whose disability
is caused by a behavioral health condition, including an actuarial
analysis of such cost.
(b) Education.--Not later than 18 months after the date of
enactment of the Worker's Disability Benefits Parity Act of 2025, the
Secretary shall conduct outreach and provide information to plan
sponsors on the effect of duration limits on access to benefits by
participants and beneficiaries with mental health and substance use
disorder conditions.
SEC. 302. IMPLEMENTATION AUTHORITY.
The Secretary of Labor may issue such regulations as may be
necessary or appropriate to carry out the provisions of this Act. The
Secretary may issue sub-regulatory guidance and promulgate any interim
final rules as the Secretary determines are appropriate to carry out
this Act.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $10,000,000 for each fiscal
year that begins in the 5-year period beginning on the date of
enactment of this Act.
SEC. 304. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall apply to
plan years that begin after the date that is 18 months after the date
of enactment of this Act.
(b) Special Rule for Collective Bargaining Agreements.--In the case
of a plan maintained pursuant to one or more collective bargaining
agreements between employee representatives and one or more employers
ratified before the date of the enactment of this Act, the amendments
made by this section shall not apply to plan years beginning before the
later of--
(1) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of the
enactment of this Act), or
(2) 18 months after the date of enactment of this Act.
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan that amends the
plan solely to conform to any requirement added by this section shall
not be treated as a termination of such collective bargaining
agreement.
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