S. 486Senate108th Congress (2003-2005)In Committee

Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003

Introduced February 27, 2003

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S2972-2973)

February 27, 2003

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SenateIntro Referral

Introduced in Senate

February 27, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2971-2972)

February 27, 2003

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S2972-2973)

February 27, 2003

Floor Debate

20 members

What members said about S. 486 on the floor

6 Republicans14 Democrats
Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · May 19, 2004

Mr. President, this past Saturday, thousands of people in Sioux Falls, SD, and 35 other cities across America, took part in walks to raise public awareness of mental health. The walks were sponsored…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · Feb 5, 2004

Mr. President, I would like to use a few minutes of my leader time to talk about a remarkable new effort that is being launched today to try to develop a broader national consensus about the kind of…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · Oct 24, 2003

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, a number of us have come to the floor today to remember and celebrate someone most of us…

Craig Thomas
Sen. Craig ThomasR-WY · Feb 27, 2003

Mr. President, I come to the floor to talk about one of the things that is so important. Obviously, items connected with terrorism, the war in Iraq have to be dealt with. We have to deal with…

Tom Harkin
Sen. Tom HarkinD-IA · Oct 24, 2003

Madam President, I join with my colleagues here on the Senate floor today to mark the 1-year anniversary of the tragic death of our friend and beloved colleague, Paul Wellstone, and his wife Sheila.…

Show 8 more
Susan M. Collins
Sen. Susan M. CollinsR-ME · Feb 27, 2003

Mr. President, I rise today to introduce two pieces of legislation that will improve the lives of our Nation's fishermen who are struggling to make a living on the sea. Fishing is more than just a…

Mark Dayton
Sen. Mark DaytonD-MN · Oct 24, 2003

Mr. President, I want to thank the distinguished majority leader for setting aside time today for those of us who wish to share our tributes and thoughts regarding our colleague who, 1 year ago…

Herb Kohl
Sen. Herb KohlD-WI · Feb 27, 2003

Mr. President, I rise today with my colleagues Senator DeWine, Senator Feinstein, Senator Schumer, Senator Reed, Senator Mikulski, Senator Corzine, and Senator Levin to reintroduce the…

Don Nickles
Sen. Don NicklesR-OK · Feb 27, 2003

Mr. President, today I am sending to the desk a bill by myself and Senator Miller to amend the IRS Code. It is a bill to provide jobs and economic growth for our country. Mr. President, this bill…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Feb 27, 2003

Mr. President, today I am introducing important legislation to affirm Federal jurisdiction over the waters of the United States. I am pleased to have three members of the Environment and Public Works…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Feb 27, 2003

Mr. President, I rise today with my friend Senator Kennedy to introduce the ``Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003.'' I have mixed emotions today, because, while we…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Feb 27, 2003

Mr. President, I rise today with my friend Senator Kennedy to introduce the ``Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003.'' I have mixed emotions today, because, while we…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Feb 27, 2003

Mr. President, I am pleased to join today with Senators Warner, Lugar, Mikulski and Durbin in introducing legislation that would extend the legislative authority for the Martin Luther King, Jr.…

Show 11 more
Harry Reid
Sen. Harry ReidD-NV · Feb 27, 2003

Mr. President, faced with uncertainties in electricity energy markets, turmoil in the Mideast, the need to cut back on the fossil fuel emissions linked to global warming, air pollution that…

Jack Reed
Sen. Jack ReedD-RI · Oct 24, 2003

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I rise today to commemorate the life of Senator Paul Wellstone and to urge the Senate…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Feb 27, 2003

Mr. President, today, I am joined by Senators Breaux, Durbin, Leahy, Harkin and Johnson in introducing legislation to extend the current federal wind energy production tax credit, PTC, for an…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Oct 24, 2003

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I rise today to pay tribute to a friend and former colleague, Paul Wellstone. I know we have…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Feb 27, 2003

Mr. President, I rise today as the lead cosponsor of Senator Leahy's Omnibus Mercury Reduction Act of 2003 to ask support for our continued efforts to dramatically reduce mercury pollution that has…

Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Oct 24, 2003

Madam President, exactly 1 year ago tomorrow, October 25, our Nation lost Senator Paul Wellstone, a truly great American and a hero to many. I remember that tragic day as if it were yesterday. The…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Oct 28, 2003

Mr. President, the Mentally Ill Offender Treatment and Crime Reduction Act is a good bipartisan bill that would help State and local governments deal effectively with a serious law enforcement and…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Oct 24, 2003

Madam President, I rise today to speak in honor of our late friend and colleague, Senator Paul Wellstone, and to remember his wife, Sheila, their daughter, Marcia, the campaign staff and the pilots…

Tom Harkin
Sen. Tom HarkinD-IA · Feb 27, 2003

Mr. President, today I am introducing legislation, the Training for Realtime Writers Act of 2003, on behalf of myself and my colleagues, Senators Grassley, Kennedy, Cochran, Lincoln, Kerry, Bingaman,…

Barbara Boxer
Sen. Barbara BoxerD-CA · Oct 24, 2003

Madam President, it has been a year since we heard the terrible news of Paul Wellstone's death and trudged through, with broken hearts, the days and months that followed. Kind, compassionate, a voice…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Feb 27, 2003

Mr. President, I am pleased to introduce a bill to correct an injustice in the tax code that harms citizens in every state of this great Nation. State and local governments have various alternatives…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued February 27, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 486

To provide for equal coverage of mental health benefits with respect to
health insurance coverage unless comparable limitations are imposed on
medical and surgical benefits.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 27, 2003

Mr. Domenici (for himself, Mr. Kennedy, Mr. Coleman, Mr. Dayton, Mr.
Grassley, Mr. Reed, Mr. Cochran, Mr. Dodd, Mr. Warner, Mr. Reid, Mr.
Thomas, Mr. Johnson, Mr. Specter, Mr. Harkin, Mr. Lugar, Mr. Daschle,
Mr. Graham of South Carolina, Mrs. Murray, Ms. Collins, Ms. Cantwell,
Mr. Roberts, Mr. Edwards, Mr. Chafee, Mrs. Lincoln, Mr. Bennett, and
Mr. Lautenberg) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To provide for equal coverage of mental health benefits with respect to
health insurance coverage unless comparable limitations are imposed on
medical and surgical benefits.

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 ``Senator Paul Wellstone Mental Health
Equitable Treatment Act of 2003''.

SEC. 2. AMENDMENT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.

(a) In General.--Section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a) is amended to read as follows:

``SEC. 712. MENTAL HEALTH PARITY.

``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose any treatment limitations or
financial requirements with respect to the coverage of benefits for
mental illnesses unless comparable treatment limitations or financial
requirements are imposed on medical and surgical benefits.
``(b) Construction.--
``(1) In general.--Nothing in this section shall be
construed as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide any
mental health benefits.
``(2) Medical management of mental health benefits.--
Consistent with subsection (a), nothing in this section shall
be construed to prevent the medical management of mental health
benefits, including through concurrent and retrospective
utilization review and utilization management practices,
preauthorization, and the application of medical necessity and
appropriateness criteria applicable to behavioral health and
the contracting and use of a network of participating
providers.
``(3) No requirement of specific services.--Nothing in this
section shall be construed as requiring a group health plan (or
health insurance coverage offered in connection with such a
plan) to provide coverage for specific mental health services,
except to the extent that the failure to cover such services
would result in a disparity between the coverage of mental
health and medical and surgical benefits.
``(c) Small Employer Exemption.--
``(1) In general.--This section shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) for any plan year of
any employer who employed an average of at least 2 but not more
than 50 employees on business days during the preceding
calendar year.
``(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
``(e) In-Network and Out-of-Network Rules.--In the case of a plan
or coverage option that provides in-network mental health benefits,
out-of-network mental health benefits may be provided using treatment
limitations or financial requirements that are not comparable to the
limitations and requirements applied to medical and surgical benefits
if the plan or coverage provides such in-network mental health benefits
in accordance with subsection (a) and provides reasonable access to in-
network providers and facilities.
``(f) Definitions.--For purposes of this section--
``(1) Financial requirements.--The term `financial
requirements' includes deductibles, coinsurance, co-payments,
other cost sharing, and limitations on the total amount that
may be paid by a participant or beneficiary with respect to
benefits under the plan or health insurance coverage and shall
include the application of annual and lifetime limits.
``(2) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include mental
health benefits.
``(3) Mental health benefits.--The term `mental health
benefits' means benefits with respect to services, as defined
under the terms and conditions of the plan or coverage (as the
case may be), for all categories of mental health conditions
listed in the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM IV-TR), or the most recent
edition if different than the Fourth Edition, if such services
are included as part of an authorized treatment plan that is in
accordance with standard protocols and such services meet the
plan or issuer's medical necessity criteria. Such term does not
include benefits with respect to the treatment of substance
abuse or chemical dependency.
``(4) Treatment limitations.--The term `treatment
limitations' means limitations on the frequency of treatment,
number of visits or days of coverage, or other similar limits
on the duration or scope of treatment under the plan or
coverage.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to plan years beginning on or after January 1, 2004.

SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
GROUP MARKET.

(a) In General.--Section 2705 of the Public Health Service Act (42
U.S.C. 300gg-5) is amended to read as follows:

``SEC. 2705. MENTAL HEALTH PARITY.

``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose any treatment limitations or
financial requirements with respect to the coverage of benefits for
mental illnesses unless comparable treatment limitations or financial
requirements are imposed on medical and surgical benefits.
``(b) Construction.--
``(1) In general.--Nothing in this section shall be
construed as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide any
mental health benefits.
``(2) Medical management of mental health benefits.--
Consistent with subsection (a), nothing in this section shall
be construed to prevent the medical management of mental health
benefits, including through concurrent and retrospective
utilization review and utilization management practices,
preauthorization, and the application of medical necessity and
appropriateness criteria applicable to behavioral health and
the contracting and use of a network of participating
providers.
``(3) No requirement of specific services.--Nothing in this
section shall be construed as requiring a group health plan (or
health insurance coverage offered in connection with such a
plan) to provide coverage for specific mental health services,
except to the extent that the failure to cover such services
would result in a disparity between the coverage of mental
health and medical and surgical benefits.
``(c) Small Employer Exemption.--
``(1) In general.--This section shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) for any plan year of
any employer who employed an average of at least 2 but not more
than 50 employees on business days during the preceding
calendar year.
``(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
``(e) In-Network and Out-of-Network Rules.--In the case of a plan
or coverage option that provides in-network mental health benefits,
out-of-network mental health benefits may be provided using treatment
limitations or financial requirements that are not comparable to the
limitations and requirements applied to medical and surgical benefits
if the plan or coverage provides such in-network mental health benefits
in accordance with subsection (a) and provides reasonable access to in-
network providers and facilities.
``(f) Definitions.--For purposes of this section--
``(1) Financial requirements.--The term `financial
requirements' includes deductibles, coinsurance, co-payments,
other cost sharing, and limitations on the total amount that
may be paid by a participant, beneficiary or enrollee with
respect to benefits under the plan or health insurance coverage
and shall include the application of annual and lifetime
limits.
``(2) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include mental
health benefits.
``(3) Mental health benefits.--The term `mental health
benefits' means benefits with respect to services, as defined
under the terms and conditions of the plan or coverage (as the
case may be), for all categories of mental health conditions
listed in the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM IV-TR), or the most recent
edition if different than the Fourth Edition, if such services
are included as part of an authorized treatment plan that is in
accordance with standard protocols and such services meet the
plan or issuer's medical necessity criteria. Such term does not
include benefits with respect to the treatment of substance
abuse or chemical dependency.
``(4) Treatment limitations.--The term `treatment
limitations' means limitations on the frequency of treatment,
number of visits or days of coverage, or other similar limits
on the duration or scope of treatment under the plan or
coverage.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to plan years beginning on or after January 1, 2004.

SEC. 4. PREEMPTION.

Nothing in the amendments made by this Act shall be construed to
preempt any provision of State law, with respect to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan, that provides protections to enrollees that are
greater than the protections provided under such amendments. Nothing in
the amendments made by this Act shall be construed to affect or modify
section 514 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144).

SEC. 5. GENERAL ACCOUNTING OFFICE STUDY.

(a) Study.--The Comptroller General shall conduct a study that
evaluates the effect of the implementation of the amendments made by
this Act on the cost of health insurance coverage, access to health
insurance coverage (including the availability of in-network
providers), the quality of health care, and other issues as determined
appropriate by the Comptroller General. Such study shall also include
an estimate of the cost that would be incurred if such amendments were
extended in a manner so as to provide coverage for the treatment of
substance abuse and chemical dependency.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall prepare and submit to the
appropriate committees of Congress a report containing the results of
the study conducted under subsection (a).
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