H.R. 1364House117th Congress (2021-2023)In Committee

Parity Enforcement Act of 2021

AI-Generated Summary

Updated February 7, 2026 at 11:20 PM UTC

The Parity Enforcement Act of 2021 amends the Employee Retirement Income Security Act (ERISA) to give regulators authority to enforce parity between mental health and substance‑use‑disorder benefits and other medical benefits in employer‑sponsored health plans. It targets plan sponsors and issuers that fail to meet the parity requirements, and it applies to group health plans beginning a year after the law takes effect.

Key Provisions

Amends ERISA Section 502(c)(10)(A) so enforcement can be taken against a sponsor or issuer that does not meet parity requirements for mental health and substance‑use‑disorder benefits as set out in sections 701, 702, or 712.
Adds parity in mental health and substance‑use‑disorder benefits as an enforceable standard under ERISA.
Makes technical and conforming changes to other ERISA sections to reference the new parity language and update cross‑references.
Specifies that the amendments apply to plan years that start more than one year after the act is enacted.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Education and Labor.

Education and Workforce Committee

February 25, 2021

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HouseIntro Referral

Introduced in House

February 25, 2021

HouseIntro Referral

Referred to the House Committee on Education and Labor.

Education and Workforce Committee

February 25, 2021

Bill Text

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Introduced in HouseIssued February 25, 2021

117th CONGRESS

1st Session

H. R. 1364

IN THE HOUSE OF REPRESENTATIVES

February 25, 2021

Mr. Norcross (for himself, Mr. Courtney, Mr. Fitzpatrick, and Ms. Kuster) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Employee Retirement Income Security Act of 1974 to strengthen parity in mental health and substance use disorder benefits, and for other purposes.

Short title

This Act may be cited as the Parity Enforcement Act of 2021.

Authorizing enforcement authority for mental health and substance use disorder benefits

(a)

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 by striking for any failure and all that follows through in connection with the plan and inserting

for any failure by such sponsor or issuer, in connection with the plan—

(i)

to meet the requirements of 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)

to meet the requirements of subsection (a) of section 712 with respect to parity in mental health and substance use disorder benefits.

(b)

Technical and conforming amendments

Section 502 of such Act (29 U.S.C. 1132) is amended—

(1)

in subsection (a)(6), by striking or (9) and inserting (9), or (10);

(2)

in subsection (b)(3)—

(A)

by striking subsections (c)(9) and (a)(6) and inserting subsections (c)(9), (c)(10), and (a)(6);

(B)

by striking under subsection (c)(9) and inserting under subsections (c)(9) and (c)(10); and

(C)

by striking 706(a)(1) and inserting 733(a)(1); and

(3)

in subsection (c)(10) in the heading, by striking use of genetic information and inserting use of genetic information and parity in mental health and substance use disorder benefits.

(c)

Effective date

The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of enactment of this Act.