Mental Health Parity Enforcement and Funding Act

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, service provider, 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, service provider, 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.

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); and

(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.

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.