Enforcement of certain requirements for employee health plans
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(a) Parity in mental health and substance use disorders (1) In general Section 502(c)(10)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) is amended— (A) by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan, service provider,; and (B) by striking for any failure and all that follows and inserting for any failure, or participation in such failure, by such sponsor, administrator, service provider, or issuer to meet, in connection with the plan, the requirements of— (i) 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) subsection (a) of section 712 with respect to parity in mental health and substance use disorder benefits.. (2) Conforming amendment Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) is further amended by striking use of genetic information in the heading and inserting use of genetic information and parity in mental health and substance use disorder benefits. (b) Exception to the general prohibition on enforcement (1) Civil action Section 502(a)(6) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(6)) is amended to read as follows: (6) by the Secretary to collect any civil penalty that the Secretary has imposed or assessed pursuant to authority under this title;. (2) Enforcement in relation to group health plans Section 502(b)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(b)(3)) is amended by striking Except and all that follows through the Secretary and inserting Except as provided in subsections (c)(9), (c)(10), and (a)(6) (with respect to collecting civil penalties under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary of section 712, the Secretary.