In a 220-205 roll call vote, the House of Representatives passed the Mental Health Matters Act (H.R. 7780), which includes HR Policy-opposed provisions from the Strengthening Behavioral Health Benefits Act (H.R. 7767) and the Employee and Retiree Access to Justice Act (H.R. 7740).
Increased enforcement on employer plans: The Strengthening Behavioral Health Benefits Act provides $275 million in funding over ten years to DOL. The measure authorizes DOL, as well as any plan participant, beneficiary, or fiduciary to bring a civil action regarding mental health and substance use disorder benefits against a plan, health insurance issuer, fiduciary, or other third-party plan administrators.
HR Policy opposes any civil monetary penalties against employers for mental health parity violations before DOL finalizes its rulemaking setting forth how parity is to be disclosed as well as publishes additional guidance required by the Consolidated Appropriations Act of 2021 (CAA).
HR Policy’s letter states, “Employers have innovated and invested in significant new behavioral health benefits since the COVID pandemic. Addressing the current mental health care crisis and achieving mental health parity compliance will require significant efforts in partnership between employers, providers, government, patient groups and other stakeholders. Punitive legislative provisions like civil monetary penalties will only poison these efforts and hurt patients.”
On the Employee and Retiree Access to Justice Act, HR Policy’s letter further notes that the legislation will “upend the administration of health benefits for millions of employees by prohibiting arbitration that allows employers, who rely on expert vendors and other professionals to assist with complexities of health plan administration, to quickly and fairly resolve benefit disputes.”
Outlook: It is unclear if this legislation will pass the Senate. While Senate Finance Committee leadership has discussed addressing mental health parity in their mental health package, there is so far no legislative text.