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 of such Act ( 29 U.S.C. 1132 ) is amended— in subsection (a)(6), by striking or
(9)and inserting (9), or
(10); and in subsection (b)(3)— by striking in subsections (c)(9) and (a)(6) and inserting in subsections (c)(9), (c)(10), and (a)(6) ; and by striking under subsection (c)(9)) and inserting under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary under section 712 . In addition to amounts otherwise available, there are appropriated (out of any money in the Treasury not otherwise appropriated) to the Department of Labor for fiscal year 2023, to remain available until September 30, 2032, $275,000,000, of which— $240,000,000 shall be for the Employee Benefits Security Administration; and $35,000,000 shall be for the Solicitor of Labor. Amounts made available under paragraph
(1)may be used 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 ( 29 U.S.C. 1185a ) and any other provision of title I of such Act relating to mental health and substance use disorder benefits.
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Sec. 602
Enforcement of Mental Health and Substance Use Disorder Requirements
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