,i #aaith ,,congress #ast ,session ,h4 ,r4 #cgeh ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjbe,mr4 ,de,saulnier 7for himself and ,mr4 ,scott of ,virginia7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce ,a ,,bill ,to amend the ,employee ,retirement ,income ,security ,act of #aigd to establish parity in the treatment of behavioral health and physical health conditions under disability benefit plans4 #a4 ,short title ,this ,act may be cited as the ,workers' ,disability ,benefits ,parity ,act of #bjbe4 #b4 ,findings2 ,sense of ,congress 7a7 ,findings ,the ,congress finds the following3 7#a7 ,the ,advisory ,council on ,employee ,welfare and ,pension ,benefit ,plans 7,,erisa ,advisory ,council7 was established pursuant to section #eab of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aadb7 to provide advice and recommendations to the ,secretary of ,labor4 7#b7 ,in #bjbc1 the ,,erisa ,advisory ,council published a report to the ,secretary entitled ,long-,term ,disability ,benefits and ,mental ,health ,disparity4 7#c7 ,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 condition4 7#d7 ,the report called for the ,secretary to work with ,congress to ensure that there is parity in disability benefits provided to workers4 7b7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 benefit limitations for workers whose disability is caused by a behavioral health condition are discriminatory2 and 7#b7 disability benefits should be provided without regard to the cause of a worker's disability4 ,i ,,erisa ,amendments #aja4 ,parity in disability plan requirements 7a7 ,in general ,subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajba et seq47 is amended by adding at the end the following new part3 #i ,disability benefit plan requirements #ija4 ,definitions ,for purposes of this part3 7#a7 ,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 sickness4 7#b7 ,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 otherwise4 7#c7 ,mental health condition ,the term mental health condition means any condition 7other than a substance use disorder7 that falls under any of the diagnostic categories listed in the mental1 behavioral1 and neurodevelopmental disorders chapter 7or equivalent chapter7 of the current version of the ,world ,health ,organization's ,international ,statistical ,classification of ,diseases and ,related ,health ,problems 7or a successor publication71 or that is listed in the current version of the ,american ,psychiatric ,association's ,diagnostic and ,statistical ,manual of ,mental ,disorders 7or a successor publication74 7#d7 ,substance use disorder ,the term #8substance 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 7or equivalent category7 in the mental1 behavioral1 and neurodevelopmental disorders chapter of the current version of the ,world ,health ,organization's ,international ,statistical ,classification of ,diseases and ,related ,health ,problems 7or a successor publication7 or that is listed as a ,substance-,related and ,addictive ,disorder 7or equivalent category7 in the current version of the ,american ,psychiatric ,association's ,diagnostic and ,statistical ,manual of ,mental ,disorders 7or a successor publication74 #ijb4 ,parity requirement for disability benefits ,a disability benefit plan-- 7#a7 may not place a limitation1 exclusion1 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 condition2 and 7#b7 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 disability4 4 7b7 ,civil monetary penalties ,section #ejb7;c7 of such ,act is amended by adding at the end the following3 7#ac7 ,civil penalties for violations of ,part #i 7,a7 ,in general ,the ,secretary may assess a civil penalty against any sponsor1 administrator1 service provider1 or any other person or entity 7except for a plan7 who violates1 or knowingly causes or conceals a violation of1 part #i of this title4 7,b7 ,amount ,the amount of the penalty imposed by subparagraph 7,a7 shall be equal to the amount of the penalty described in paragraph 7#aj77;,b7 for each day in the noncompliance period described in subparagraph 7,c7 with respect to each participant or beneficiary to whom such violation relates4 7,c7 ,noncompliance period ,in this paragraph1 the term noncompliance period means1 with respect to a violation described in subparagraph 7,a71 the period-- 7i7 beginning on the date the violation occurs2 and 7ii7 ending on the date the violation is corrected4 4 #ajb4 ,authority to collect civil monetary penalties ,section #ejb7;a77#f7 of the ,employee ,retirement ,income ,security ,act of #aigd is amended to read as follows3 7#f7 by the ,secretary to collect any civil penalty under this title2 4 ,,ii ,additional disability parity requirements #bja4 ,definitions ,in this title3 7#a7 ,administrator ,the term administrator has the meaning given the term in section #c7af77;,a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7af77;,a774 7#b7 ,employer ,the term employer has the meaning given the term in section #c7e7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7e774 7#c7 ,governmental employee benefit plan ,the term governmental employee benefit plan has the meaning given governmental plan in section #c7cb7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7cb771 except that such term shall not include a plan established or maintained for its employees by the ,government of the ,united ,states1 or any agency or instrumentality thereof4 7#d7 ,issuer ,the term issuer means an insurance company1 insurance service1 or insurance organization1 which is licensed to engage in the business of insurance in a ,state and which is subject to ,state law which regulates insurance 7within the meaning of section #ead7;b77#b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aadd7;b77#b7774 ,such term does not include an employee benefit plan 7as defined under section #c7c7 of such ,act 7#bi ,u4,s4,c4 #ajjb7c7774 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#f7 ,state ,the term ,state includes-- 7,a7 the #ej ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,virgin ,islands2 7,e7 ,guam2 7,f7 ,american ,samoa2 and 7,g7 the ,commonwealth of the ,northern ,mariana ,islands4 7#g7 ,additional ,,erisa terms ,the terms disability benefit1 disability benefit plan1 mental health condition1 and substance use disorder have the meanings given the terms in section #ija of the ,employee ,retirement ,income ,security ,act4 7#h7 ,other ,,erisa terms ,the terms administrator1 employer1 and ,state have the meanings given the terms in section #c of such ,act4 #bjb4 ,requirement for parity in workers' disability benefits ,in the case of any governmental employee benefit plan or issuer that provides disability benefits to an individual1 such a plan or issuer-- 7#a7 may not place a limitation1 exclusion1 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 condition2 and 7#b7 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 disability4 #bjc4 ,enforcement 7a7 ,state enforcement 7#a7 ,state authority ,with respect to disability benefits provided by an issuer1 each ,state may require that issuers that issue1 sell1 renew1 or offer disability benefits in the ,state meet the requirements of this title with respect to such issuers4 7#b7 ,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 ,state1 the ,secretary shall enforce such requirements4 7b7 ,secretarial enforcement authority 7#a7 ,in general ,if a governmental employee benefit plan or an issuer in a ,state described in subsection 7a77#b7 is found by the ,secretary to fail to meet the requirements of this title1 the ,secretary may assess a civil monetary penalty against the responsible entity described in paragraph 7#c7 with respect to such violation4 7#b7 ,civil penalty 7,a7 ,in general ,the ,secretary may assess a civil penalty described in paragraph 7#a7 against any sponsor1 administrator1 service provider1 or any other person or entity 7except for a plan7 who violates1 or knowingly causes or conceals a violation of1 this title4 7,b7 ,amount ,the amount of the penalty imposed by subparagraph 7,a7 shall be equal the penalty amount described in section #ejb7;c77#aj77;,b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;c77#aj77;,b77 for each day in the noncompliance period described in subparagraph 7,c7 with respect to each participant or beneficiary to whom such violation relates4 7,c7 ,noncompliance period ,in this paragraph1 the term noncompliance period means1 with respect to a violation described in subparagraph 7,a71 the period-- 7i7 beginning on the date the violation occurs2 and 7ii7 ending on the date the violation is corrected4 7#c7 ,responsible entity ,the responsible entity described in this paragraph is1 in the case of a failure to meet the requirements of this title by-- 7,a7 an issuer1 such issuer2 or 7,b7 a governmental employee benefit plan that is-- 7i7 sponsored by #b or more employers1 the plan administrator2 or 7ii7 not so sponsored1 the employer4 7#d7 ,additional authority ,all powers1 remedies1 and authority described in part #e 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 7a77#b74 7c7 ,right of action ,any individual who is aggrieved by the failure of a governmental employee benefit plan or issuer1 with respect to disability benefits1 to comply with the requirements of this title may bring an action in ,state or ,federal court for appropriate equitable relief4 #bjd4 ,continued applicability of ,state law ,this title shall not be construed to supersede any provision of ,state law that establishes1 implements1 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 title4 ,,iii ,implementation by ,secretary of ,labor #cja4 ,implementation of ,,erisa advisory council recommendations 7a7 ,study ,not later than #ah months after the date of enactment of the ,worker's ,disability ,benefits ,parity ,act of #bjbe1 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 condition1 including an actuarial analysis of such cost4 7b7 ,education ,not later than #ah months after the date of enactment of the ,worker's ,disability ,benefits ,parity ,act of #bjbe1 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 conditions4 #cjb4 ,implementation authority ,the ,secretary of ,labor may issue such regulations as may be necessary or appropriate to carry out the provisions of this ,act4 ,the ,secretary may issue sub-regulatory guidance and promulgate any interim final rules as the ,secretary determines are appropriate to carry out this ,act4 #cjc4 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj for each fiscal year that begins in the #e-year period beginning on the date of enactment of this ,act4 #cjd4 ,effective date 7a7 ,in general ,the amendments made by this ,act shall apply to plan years that begin after the date that is #ah months after the date of enactment of this ,act4 7b7 ,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 ,act1 the amendments made by this section shall not apply to plan years beginning before the later of-- 7#a7 the date on which the last of the collective bargaining agreements relating to the plan terminates 7determined without regard to any extension thereof agreed to after the date of the enactment of this ,act71 or 7#b7 #ah months after the date of enactment of this ,act4 ,for purposes of paragraph 7#a71 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 agreement4