I 117TH CONGRESS 1ST SESSION H. R. 1364 To amend the Employee Retirement Income Security Act of 1974 to strength- en parity in mental health and substance use disorder benefits, and for other purposes. 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 Com- mittee on Education and Labor A BILL To amend the Employee Retirement Income Security Act of 1974 to strengthen parity in mental health and sub- stance use disorder benefits, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parity Enforcement 4 Act of 2021’’. 5 VerDate Sep 11 2014 02:00 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1364.IH H1364 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1364 IH SEC. 2. AUTHORIZING ENFORCEMENT AUTHORITY FOR 1 MENTAL HEALTH AND SUBSTANCE USE DIS- 2 ORDER BENEFITS. 3 (a) IN GENERAL.—Section 502(c)(10)(A) of the Em- 4 ployee Retirement Income Security Act of 1974 (29 5 U.S.C. 1132(c)(10)(A)) is amended by striking ‘‘for any 6 failure’’ and all that follows through ‘‘in connection with 7 the plan’’ and inserting ‘‘for any failure by such sponsor 8 or issuer, in connection with the plan— 9 ‘‘(i) to meet the requirements of sub- 10 section (a)(1)(F), (b)(3), (c), or (d) of sec- 11 tion 702 or section 701 or 702(b)(1) with 12 respect to genetic information; or 13 ‘‘(ii) to meet the requirements of sub- 14 section (a) of section 712 with respect to 15 parity in mental health and substance use 16 disorder benefits.’’. 17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 18 Section 502 of such Act (29 U.S.C. 1132) is amended— 19 (1) in subsection (a)(6), by striking ‘‘or (9)’’ 20 and inserting ‘‘(9), or (10)’’; 21 (2) in subsection (b)(3)— 22 (A) by striking ‘‘subsections (c)(9) and 23 (a)(6)’’ and inserting ‘‘subsections (c)(9), 24 (c)(10), and (a)(6)’’; 25 VerDate Sep 11 2014 02:00 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1364.IH H1364 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1364 IH (B) by striking ‘‘under subsection (c)(9)’’ 1 and inserting ‘‘under subsections (c)(9) and 2 (c)(10)’’; and 3 (C) by striking ‘‘706(a)(1)’’ and inserting 4 ‘‘733(a)(1)’’; and 5 (3) in subsection (c)(10) in the heading, by 6 striking ‘‘USE OF GENETIC INFORMATION’’ and in- 7 serting ‘‘USE OF GENETIC INFORMATION AND PAR- 8 ITY IN MENTAL HEALTH AND SUBSTANCE USE DIS- 9 ORDER BENEFITS’’. 10 (c) EFFECTIVE DATE.—The amendments made by 11 subsection (a) shall apply with respect to group health 12 plans for plan years beginning after the date that is 1 13 year after the date of enactment of this Act. 14 Æ VerDate Sep 11 2014 02:00 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1364.IH H1364 pbinns on DSKJLVW7X2PROD with BILLS