Mental Health Parity Enforcement and Funding Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9551 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9551

To provide for civil monetary penalties for violations of mental health 
                          parity requirements.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2026

   Mr. Kean introduced the following bill; which was referred to the 
                  Committee on Education and 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mental Health Parity Enforcement and 
Funding Act''.

SEC. 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, 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.''.
    (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)''; 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''.
    (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.

SEC. 3. APPROPRIATIONS.

    There are appropriated to the Employee Benefits Security 
Administration to carry out the amendments made to the Employee 
Retirement Income Act of 1974 (29 U.S.C. 1001 et seq.) by the Paul 
Wellstone and Pete Domenici Mental Health Parity and Addiction Equity 
Act of 2008 (Public Law 110-343) and this Act, $30,000,000 for each of 
fiscal years 2027 through 2031.
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