S. 4804 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4804 IN THE SENATE OF THE UNITED STATES September 8, 2022Mr. Murphy (for himself, Ms. Smith, and Mr. Luján) 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. 1. Short title This Act may be cited as the Parity Enforcement Act of 2022. 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.