Parity in disability plan requirements

(a) In general Subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at the end the following new part: 9 Disability benefit plan requirements 901. Definitions For purposes of this part: (1) Disability benefit The term disability benefit means payment provided to a participant or beneficiary as a result of the loss of earning capacity resulting from injury or sickness. (2) Disability benefit plan The term disability benefit plan means an employee welfare benefit plan that provides a disability benefit to participants or beneficiaries directly or through insurance or otherwise. (3) Mental health condition The term mental health condition means any condition (other than a substance use disorder) that falls under any of the diagnostic categories listed in the mental, behavioral, and neurodevelopmental disorders chapter (or equivalent chapter) of the current version of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems (or a successor publication), or that is listed in the current version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (or a successor publication). (4) Substance use disorder The term ‘substance use disorder’ means any disorder that falls under any of the diagnostic categories listed as a mental or behavioral disorder due to psychoactive substance use (or equivalent category) in the mental, behavioral, and neurodevelopmental disorders chapter of the current version of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems (or a successor publication) or that is listed as a Substance-Related and Addictive Disorder (or equivalent category) in the current version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (or a successor publication). 902. Parity requirement for disability benefits A disability benefit plan— (1) may not place a limitation, exclusion, or other restriction on benefits relating to a disability arising from a mental health condition or substance use disorder that is more restrictive than those applicable to benefits relating to a disability arising from a physical health condition; and (2) shall consider any physical health condition suffered by an individual that is caused by a disability arising from a mental health condition or a substance use disorder to be part of such disability.. (b) Civil monetary penalties Section 502(c) of such Act is amended by adding at the end the following: (13) Civil penalties for violations of Part 9 (A) In general The Secretary may assess a civil penalty against any sponsor, administrator, service provider, or any other person or entity (except for a plan) who violates, or knowingly causes or conceals a violation of, part 9 of this title. (B) Amount The amount of the penalty imposed by subparagraph (A) shall be equal to the amount of the penalty described in paragraph (10)(B) for each day in the noncompliance period described in subparagraph (C) with respect to each participant or beneficiary to whom such violation relates. (C) Noncompliance period In this paragraph, the term noncompliance period means, with respect to a violation described in subparagraph (A), the period— (i) beginning on the date the violation occurs; and (ii) ending on the date the violation is corrected..