Sec. 602. Enforcement of Mental Health and Substance Use Disorder Requirements
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Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(10)(A) ) is amended— in the heading, by striking and inserting use of genetic information ; and use of genetic information and parity in mental health and substance use disorder benefits in subparagraph (A)— by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan ; and by striking for any failure and all that follows through in connection with the plan. and inserting for any failure by such sponsor, administrator, or issuer, in connection with the plan— 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 to meet the requirements of subsection
(a)of section 712 with respect to parity in mental health and substance use disorder benefits. . Section 502(a)(3) of such Act ( 29 U.S.C. 1132(a)(3) ) is amended— by striking or
(B)and inserting
(B); and by inserting before the semicolon at the end the following: , or
(C)to require re-adjudication and payment of benefits to remedy violations of this title notwithstanding the availability of relief under other provisions of this title . Section 502(a)(5) of such Act ( 29 U.S.C. 1132(a)(5) ) is amended— by striking or
(B)and inserting
(B); and by inserting before the semicolon at the end the following: , or
(C)to require re-adjudication and payment of benefits to remedy violations of this title notwithstanding the availability of relief under other provisions of this title . Section 502(b)(3) of such Act ( 29 U.S.C. 1132(b)(3) ) is amended— by inserting , and except with respect to enforcement by the Secretary of section 712 or any other provision of part 7 in any case relating to mental health benefits and substance use disorder benefits (as such terms are defined in section 712(e)) after under subsection (c)(9)) ; and by striking 706(a)(1) and inserting 733(a)(1) . There are authorized to be appropriated to the Department of Labor for audits and investigations, enforcement actions, litigation expenses, issuance of regulations or guidance, and any other Departmental activities relating to section 712 of the Employee Retirement Income Security Act of 1974 and any other provision of title I of such Act relating to mental health and substance use disorder benefits, $275,000,000, for the period of fiscal years 2023 through 2032, of which— $240,000,000 is authorized to be appropriated to the Employee Benefits Security Administration; and $35,000,000 is authorized to be appropriated to the Office of the Solicitor. 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.
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Sec. 602
Enforcement of Mental Health and Substance Use Disorder Requirements
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