119-hr3758

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3758 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 3758

 To amend the Employee Retirement Income Security Act of 1974 to 
 establish parity in the treatment of behavioral health and physical 
 health conditions under disability benefit plans.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 5, 2025

 Mr. DeSaulnier (for himself and Mr. Scott of Virginia) introduced the 
 following bill; which was referred to the Committee on Education and 
 Workforce

_______________________________________________________________________

 A BILL

 To amend the Employee Retirement Income Security Act of 1974 to 
 establish parity in the treatment of behavioral health and physical 
 health conditions under disability benefit plans.

 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 ``Workers' Disability Benefits Parity 
Act of 2025''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) 

=== Findings ===
-The Congress finds the following:

    (1) The Advisory Council on Employee Welfare and Pension 
 Benefit Plans (``ERISA Advisory Council'') was established 
 pursuant to 

section 512 of the Employee Retirement Income 
 Security Act of 1974 (29 U.S.C. 1142) to provide advice and 
 recommendations to the Secretary of Labor.

    (2) In 2023, the ERISA Advisory Council published a report 
 to the Secretary entitled ``Long-Term Disability Benefits and 
 Mental Health Disparity''.

    (3) This report found that discriminatory benefit 
 limitations--including duration limits found in nearly all 
 long-term disability benefit plans--impede access to disability 
 benefits for workers whose disability is caused by a behavioral 
 health condition.

    (4) The report called for the Secretary to work with 
 Congress to ensure that there is parity in disability benefits 
 provided to workers.

    (b) Sense of Congress.--It is the sense of Congress that--

    (1) benefit limitations for workers whose disability is 
 caused by a behavioral health condition are discriminatory; and

    (2) disability benefits should be provided without regard 
 to the cause of a worker's disability.

 TITLE I--ERISA AMENDMENTS

SEC. 101. 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:

 ``PART 9--DISABILITY BENEFIT PLAN REQUIREMENTS

``

SEC. 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).

``

SEC. 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.''.

SEC. 102. AUTHORITY TO COLLECT CIVIL MONETARY PENALTIES.

 

Section 502

    (a)

    (6) of the Employee Retirement Income Security Act of 
1974 is amended to read as follows:
 ``

    (6) by the Secretary to collect any civil penalty under 
 this title;''.

 TITLE II--ADDITIONAL DISABILITY PARITY REQUIREMENTS

SEC. 201. DEFINITIONS.

 In this title:

    (1) Administrator.--The term ``administrator'' has the 
 meaning given the term in 

section 3

    (16)
        (A) of the Employee 
 Retirement Income Security Act of 1974 (29 U.S.C. 1002

    (16)
        (A) ).

    (2) Employer.--The term ``employer'' has the meaning given 
 the term in 

section 3

    (5) of the Employee Retirement Income 
 Security Act of 1974 (29 U.S.C. 1002

    (5) ).

    (3) Governmental employee benefit plan.--The term 
 ``governmental employee benefit plan'' has the meaning given 
 ``governmental plan'' in 

section 3

    (32) of the Employee 
 Retirement Income Security Act of 1974 (29 U.S.C. 1002

    (32) ), 
 except that such term shall not include a plan established or 
 maintained for its employees by the Government of the United 
 States, or any agency or instrumentality thereof.

    (4) Issuer.--The term ``issuer'' means an insurance 
 company, insurance service, or insurance organization, which is 
 licensed to engage in the business of insurance in a State and 
 which is subject to State law which regulates insurance (within 
 the meaning of 

section 514

    (b)

    (2) of the Employee Retirement 
 Income Security Act of 1974 (29 U.S.C. 1144

    (b)

    (2) )). Such term 
 does not include an employee benefit plan (as defined under 
 

section 3

    (3) of such Act (29 U.S.C. 1002

    (3) )).

    (5) Secretary.--The term ``Secretary'' means the Secretary 
 of Labor.

    (6) State.--The term ``State'' includes--
        (A) the 50 States;
        (B) the District of Columbia;
            (C) the Commonwealth of Puerto Rico;
            (D) the Virgin Islands;
        (E) Guam;
        (F) American Samoa; and
        (G) the Commonwealth of the Northern Mariana 
 Islands.

    (7) Additional erisa terms.--The terms ``disability 
 benefit'', ``disability benefit plan'', ``mental health 
 condition'', and ``substance use disorder'' have the meanings 
 given the terms in 

section 901 of the Employee Retirement 
 Income Security Act.

    (8) Other erisa terms.--The terms ``administrator'', 
 ``employer'', and ``State'' have the meanings given the terms 
 in 

section 3 of such Act.

SEC. 202. REQUIREMENT FOR PARITY IN WORKERS' DISABILITY BENEFITS.

 In the case of any governmental employee benefit plan or issuer 
that provides disability benefits to an individual, such a plan or 
issuer--

    (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.

SEC. 203. ENFORCEMENT.

    (a) State Enforcement.--

    (1) State authority.--With respect to disability benefits 
 provided by an issuer, each State may require that issuers that 
 issue, sell, renew, or offer disability benefits in the State 
 meet the requirements of this title with respect to such 
 issuers.

    (2) Failure to implement provisions.--In the case of a 
 determination by the Secretary that a State has failed to 
 substantially enforce the requirements of this title with 
 respect to insurance issuers in the State, the Secretary shall 
 enforce such requirements.

    (b) Secretarial Enforcement Authority.--

    (1) In general.--If a governmental employee benefit plan or 
 an issuer in a State described in subsection

    (a)

    (2) is found by 
 the Secretary to fail to meet the requirements of this title, 
 the Secretary may assess a civil monetary penalty against the 
 responsible entity described in paragraph

    (3) with respect to 
 such violation.

    (2) Civil penalty.--
        (A) In general.--The Secretary may assess a civil 
 penalty described in paragraph

    (1) 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, this title.
        (B) Amount.--The amount of the penalty imposed by 
 subparagraph
        (A) shall be equal the penalty amount 
 described in 

section 502
            (c) (10)
        (B) of the Employee 
 Retirement Income Security Act of 1974 (29 U.S.C. 
 1132
            (c) (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.

    (3) Responsible entity.--The responsible entity described 
 in this paragraph is, in the case of a failure to meet the 
 requirements of this title by--
        (A) an issuer, such issuer; or
        (B) a governmental employee benefit plan that is--
            (i) sponsored by 2 or more employers, the 
 plan administrator; or
            (ii) not so sponsored, the employer.

    (4) Additional authority.--All powers, remedies, and 
 authority described in part 5 of the Employee Retirement Income 
 Security Act shall be available to the Secretary with respect 
 to any violation of this title by a governmental employee 
 benefit plan or an issuer described in subsection

    (a)

    (2) .
            (c) Right of Action.--Any individual who is aggrieved by the 
failure of a governmental employee benefit plan or issuer, with respect 
to disability benefits, to comply with the requirements of this title 
may bring an action in State or Federal court for appropriate equitable 
relief.

SEC. 204. CONTINUED APPLICABILITY OF STATE LAW.

 This title shall not be construed to supersede any provision of 
State law that establishes, implements, or continues in effect any 
requirement or prohibition with respect to disability benefits except 
to the extent that such requirement or prohibition prevents the 
application of this title.

 TITLE III--IMPLEMENTATION BY SECRETARY OF LABOR

SEC. 301. IMPLEMENTATION OF ERISA ADVISORY COUNCIL RECOMMENDATIONS.

    (a) Study.--Not later than 18 months after the date of enactment of 
the Worker's Disability Benefits Parity Act of 2025, the Secretary 
shall carry out a study on the cost to plan sponsors of providing 
disability benefits to participants and beneficiaries whose disability 
is caused by a behavioral health condition, including an actuarial 
analysis of such cost.

    (b) Education.--Not later than 18 months after the date of 
enactment of the Worker's Disability Benefits Parity Act of 2025, the 
Secretary shall conduct outreach and provide information to plan 
sponsors on the effect of duration limits on access to benefits by 
participants and beneficiaries with mental health and substance use 
disorder conditions.

SEC. 302. IMPLEMENTATION AUTHORITY.

 The Secretary of Labor may issue such regulations as may be 
necessary or appropriate to carry out the provisions of this Act. The 
Secretary may issue sub-regulatory guidance and promulgate any interim 
final rules as the Secretary determines are appropriate to carry out 
this Act.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

 There is authorized to be appropriated $10,000,000 for each fiscal 
year that begins in the 5-year period beginning on the date of 
enactment of this Act.

SEC. 304. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall apply to 
plan years that begin after the date that is 18 months after the date 
of enactment of this Act.

    (b) Special Rule for Collective Bargaining Agreements.--In the case 
of a plan maintained pursuant to one or more collective bargaining 
agreements between employee representatives and one or more employers 
ratified before the date of the enactment of this Act, the amendments 
made by this section shall not apply to plan years beginning before the 
later of--

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

    (2) 18 months after the date of enactment of this Act.
For purposes of paragraph

    (1) , any plan amendment made pursuant to a 
collective bargaining agreement relating to the plan that 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.
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