Sec. 9. Clarifying application of existing parity law
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Section 2726 of the Public Health Service Act ( 42 U.S.C. 300gg–26 ) is amended— in subsection (a)(3), by adding at the end the following new subparagraph: A group health plan or health insurance issuer offering group or individual health insurance coverage to which subparagraph
(A)applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan or coverage provides for a permanent exclusion from such benefits for a particular condition or disorder. ; and by adding at the end the following new subsection: For purposes of this section, mental health and substance use disorder benefits include residential treatment. . Section 712 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a ) is amended— in subsection (a)(3), by adding at the end the following new subparagraph: A group health plan (or health insurance coverage offered in connection with such a plan) to which subparagraph
(A)applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan (or coverage) provides for a permanent exclusion from such benefits for a particular condition or disorder. ; and by adding at the end the following new subsection: For purposes of this section, mental health and substance use disorder benefits include residential treatment. . Section 9812 of the Internal Revenue Code of 1986 is amended— in subsection (a)(3), by adding at the end the following new subparagraph: A group health plan to which subparagraph
(A)applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan provides for a permanent exclusion from such benefits for a particular condition or disorder. ; and by adding at the end the following new subsection: For purposes of this section, mental health and substance use disorder benefits include residential treatment. . Nothing in this section or the amendments made by this section shall be construed as adding or expanding the scope of mental health or addiction services included under section 2726 of the Public Health Service Act ( 42 U.S.C. 300gg–26 ), section 712 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a ), or section 9812 of the Internal Revenue Code of 1986.
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- 42 USC 300gg–26
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