HR 2445 IH

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to clarify the application of the mental health parity provisions to annual and lifetime visit or benefit limits, as well as dollar limits.

July 1, 1999

Mrs. MALONEY of New York (for herself, Mr. GILMAN, Mr. ENGEL, Mr. TOWNS, Mrs. MCCARTHY of New York, Mr. MCNULTY, Mr. NADLER, Mr. SERRANO, Mr. MENENDEZ, Mr. ACKERMAN, and Mr. HINCHEY) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to clarify the application of the mental health parity provisions to annual and lifetime visit or benefit limits, as well as dollar limits.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Mental Health Parity Enhancement Act of 1999'.

SEC. 2. APPLICATION OF MENTAL HEALTH PARITY PROVISIONS TO ANNUAL AND LIFETIME VISIT OR BENEFIT LIMITS.

(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974- Section 712(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(e)) is amended--

(1) in paragraph (1), by inserting after `a dollar limitation on the total amount that may be paid' the following: `or a number or visits or other limitation on the benefits that may be covered'; and

(2) in paragraph (2), by inserting after `a dollar limitation on the total amount of benefits that may be paid' the following: `or a number of visits or other limitation on the benefits that may be covered'.

(b) AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT- Section 2705(e) of the Public Health Service Act (42 U.S.C. 300gg-5(e)) is amended--

(1) in paragraph (1), by inserting after `a dollar limitation on the total amount that may be paid' the following: `or a number or visits or other limitation on the benefits that may be covered'; and

(2) in paragraph (2), by inserting after `a dollar limitation on the total amount of benefits that may be paid' the following: `or a number of visits or other limitation on the benefits that may be covered'.

(c) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986- Section 9812(e) of the Internal Revenue Code of 1986 is amended--

(1) in paragraph (1), by inserting after `a dollar limitation on the total amount that may be paid' the following: `or a number or visits or other limitation on the benefits that may be covered'; and

(2) in paragraph (2), by inserting after `a dollar limitation on the total amount of benefits that may be paid' the following: `or a number of visits or other limitation on the benefits that may be covered'.

(d) EFFECTIVE DATE- (1) Subject to paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning on or after July 1, 2000.

(2) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of--

(A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or

(B) January 1, 2001.

For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.

(e) COORDINATED REGULATIONS- Section 104(1) of the Health Insurance Portability and Accountability Act of 1996 is amended by striking `this subtitle (and the amendments made by this subtitle and section 401)' and inserting `the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986'.

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