Mental Health Parity Enforcement and Funding Act

This Act may be cited as the “Mental Health Parity Enforcement and Funding Act”.

(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

“(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.

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.