June 30, 2026
Mr. Kean introduced the following bill; which was referred to the Committee on Education and Workforce
To provide for civil monetary penalties for violations of mental health parity requirements.
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.