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I
118TH CONGRESS
1ST SESSION H. R. 3752
To provide for civil monetary penalties for violations of mental health parity
requirements.
IN THE HOUSE OF REPRESENTATIVES
MAY 30, 2023
Mr. NORCROSS (for himself, Mr. COURTNEY, Mr. FITZPATRICK, Ms. KUSTER,
Mr. TRONE, and Mr. RASKIN) introduced the following bill; which was
referred to the Committee on Education and the Workforce
A BILL
To provide for civil monetary penalties for violations of
mental health parity requirements.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Parity Enforcement
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Act of 2023’’.
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SEC. 2. CIVIL MONETARY PENALTIES FOR PARITY VIOLA-
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TIONS.
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(a) CIVIL MONETARY PENALTIES RELATING TO PAR-
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ITY
IN MENTAL HEALTH
AND SUBSTANCE USE DIS-
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ORDERS.—Section 502(c)(10) of the Employee Retirement
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•HR 3752 IH
Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A))
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is amended—
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(1) in the heading, by striking ‘‘USE OF GE-
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NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
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NETIC
INFORMATION
AND
PARITY
IN
MENTAL
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HEALTH
AND
SUBSTANCE
USE
DISORDER
BENE-
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FITS’’; and
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(2) in subparagraph (A)—
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(A) by striking ‘‘any plan sponsor of a
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group health plan’’ and inserting ‘‘any plan
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sponsor or plan administrator of a group health
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plan’’; and
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(B) by striking ‘‘for any failure’’ and all
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that follows through ‘‘in connection with the
14
plan.’’ and inserting ‘‘for any failure by such
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sponsor, administrator, or issuer, in connection
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with the plan—
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‘‘(i) to meet the requirements of sub-
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section (a)(1)(F), (b)(3), (c), or (d) of sec-
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tion 702 or section 701 or 702(b)(1) with
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respect to genetic information; or
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‘‘(ii) to meet the requirements of sub-
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section (a) of section 712 with respect to
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parity in mental health and substance use
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disorder benefits.’’.
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•HR 3752 IH
(b) EXCEPTION TO THE GENERAL PROHIBITION ON
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ENFORCEMENT.—Section 502 of such Act (29 U.S.C.
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1132) is amended—
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(1) in subsection (a)(6), by striking ‘‘or (9)’’
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and inserting ‘‘(9), or (10)’’; and
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(2) in subsection (b)(3)—
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(A) by striking ‘‘subsections (c)(9) and
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(a)(6)’’ and inserting ‘‘subsections (c)(9),
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(c)(10), and (a)(6)’’;
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(B) by striking ‘‘under subsection (c)(9))’’
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and inserting ‘‘under subsections (c)(9) and
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(c)(10)), and except with respect to enforce-
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ment by the Secretary of section 712’’; and
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(C) by striking ‘‘706(a)(1)’’ and inserting
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‘‘733(a)(1)’’.
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(c) EFFECTIVE DATE.—The amendments made by
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subsection (a) shall apply with respect to group health
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plans, or any health insurance issuer offering health insur-
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ance coverage in connection with such plan, for plan years
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beginning after the date that is 1 year after the date of
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enactment of this Act.
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Æ
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