PolicyBrief
H.R. 957
119th CongressFeb 4th 2025
Parity Enforcement Act of 2025
IN COMMITTEE

This bill, known as the "Parity Enforcement Act of 2025," amends ERISA to allow for civil monetary penalties for group health plans that fail to provide parity in mental health and substance use disorder benefits, ensuring these benefits are treated equally to medical and surgical benefits. These penalties can be applied to plan sponsors, service providers, or plan administrators who fail to meet parity requirements, with the changes taking effect one year after the bill's enactment.

Donald Norcross
D

Donald Norcross

Representative

NJ-1

LEGISLATION

Parity Enforcement Act of 2025: Stricter Rules & Penalties to Ensure Mental Health Coverage Equals Physical Health

The Parity Enforcement Act of 2025 is all about making sure your insurance treats mental health and substance use disorder benefits the same as physical health benefits. No more loopholes or second-class treatment – this bill puts some teeth into existing laws to make that happen.

Leveling the Playing Field for Mental Health

This bill strengthens the Employee Retirement Income Security Act of 1974 (ERISA), specifically targeting Section 502(c)(10) and Section 712. What does that mean in plain English? It means that if a group health plan doesn't play fair with mental health coverage, they're going to face some real financial penalties. It expands who can be held accountable – it is not just the plan sponsor, but also service providers and plan administrators. Before, the law focused mainly on preventing discrimination based on genetic information. Now, it adds equal treatment for mental health and substance use disorder benefits right alongside that. (Section 2).

Real-World Impact: Coverage and Consequences

Imagine you're struggling with anxiety, and your insurance plan makes it incredibly difficult to get therapy covered, while physical therapy for a sprained ankle is a breeze. This bill aims to fix that kind of imbalance. By adding civil monetary penalties, it creates a strong incentive for insurance companies and plan administrators to follow the rules. This could mean easier access to therapy, medication, and other crucial mental health services for many people. If you are working for a company that provides a group health plan, this affects you directly. (Section 2).

For example, consider a small business owner providing health insurance to their employees. Under this law, they, along with their insurance provider and plan administrator, become directly responsible for ensuring mental health benefits are on par with physical health benefits. If they fail, they could face those new civil monetary penalties. The same goes for a larger corporation or a construction company offering benefits to its union workers. This bill levels the playing field across different workplaces.

Getting it Done: The Timeline

These changes won't happen overnight. The amendments apply to group health plans starting one year after the bill is enacted. (Section 2). This gives insurance companies and plan administrators time to adjust their policies and procedures. However, it also means that if you're looking for immediate changes to your coverage, you'll need to be patient. The one-year delay is a practical consideration, giving everyone involved time to get their ducks in a row.

Challenges and Considerations

While the bill's intentions are good, there are some potential practical hurdles. Defining "parity" can sometimes be tricky. What exactly constitutes equal coverage? This could lead to some disagreements and even legal challenges down the road. Also, increased compliance requirements might mean extra costs for service providers and plan administrators, which could potentially trickle down to affect premiums. It's a balancing act – ensuring fair coverage while also keeping costs manageable.