I 
118TH CONGRESS 
2D SESSION 
H. R. 7140 
To amend the Public Health Service Act, the Employee Retirement Income 
Security Act of 1974, and the Internal Revenue Code of 1986 to require 
group health plans and health insurance issuers offering group or indi-
vidual health insurance coverage to disclose the percentage of in-network 
participation for certain provider types, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2024 
Mr. HORSFORD introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, and Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To amend the Public Health Service Act, the Employee Re-
tirement Income Security Act of 1974, and the Internal 
Revenue Code of 1986 to require group health plans 
and health insurance issuers offering group or individual 
health insurance coverage to disclose the percentage of 
in-network participation for certain provider types, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mental Health Trans-
parency Act’’. 
SEC. 2. REQUIRING DISCLOSURE OF PERCENTAGE OF IN- 
NETWORK 
PARTICIPATION 
FOR 
CERTAIN 
PROVIDER TYPES. 
(a) PHSA.—Part D of title XXVII of the Public 
Health Service Act (42 U.S.C. 300g–111 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 2799A–11. REQUIRED DISCLOSURE OF PERCENTAGE 
OF IN-NETWORK PARTICIPATION FOR CER-
TAIN PROVIDER TYPES. 
‘‘(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group or individual health insur-
ance coverage shall, along with any summary of benefits 
and coverage provided under section 2715 (and in accord-
ance with the timing and manner specified under such sec-
tion and the implementing regulations of such section), 
and on the public website of such plan or issuer, make 
available the following information with respect to each 
type of provider specified in subsection (b): 
‘‘(1) The number and percentage of providers 
of such type located in the service area of such plan 
or coverage that have a contractual relationship (as 
defined by the Secretary) in effect with such plan or 
coverage for furnishing items and services under 
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such plan or coverage, determined in accordance 
with information made available by the Secretary 
under subsection (d). 
‘‘(2) The designation established by the Sec-
retary under subsection (c) corresponding to the per-
centage described in paragraph (1). 
‘‘(b) SPECIFIED PROVIDERS.—For purposes of this 
section, the types of providers and facilities specified in 
this subsection are the following (as defined by the Sec-
retary and broken down by subspecialty as specified by 
the Secretary): 
‘‘(1) Behavioral health care providers and facili-
ties. 
‘‘(2) Substance use disorder treatment pro-
viders and facilities. 
‘‘(c) ESTABLISHMENT OF DESIGNATIONS OF IN-NET-
WORK PARTICIPATION.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Sec-
retary, in consultation with the Secretaries of Labor 
and of the Treasury, shall establish a system of des-
ignations (such as ‘high’, ‘medium’, and ‘low’, a star 
rating, or such other designation determined appro-
priate by the Secretary) that correspond to ranges of 
percentages (from 0 to 100) described in subsection 
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(a)(1) to qualitatively reflect the breadth of the net-
works of group health plans and group and indi-
vidual health insurance coverage with respect to 
each type of provider specified in subsection (b). 
‘‘(2) 
VARIATION
PERMITTED.—Designations 
corresponding to percentage ranges established 
under paragraph (1) may vary by type of service 
area (such as rural or urban), size of service area, 
and other factors determined appropriate by the 
Secretary in consultation with the Secretaries of 
Labor and of the Treasury. 
‘‘(d) INFORMATION ON PROVIDERS.— 
‘‘(1) IN GENERAL.—Not later than June 30, 
2026, the Secretary, in consultation with the Secre-
taries of Labor and of the Treasury, shall, based on 
information submitted under section 2799B–10, post 
on the public website of the Department of Health 
and Human Services, a list of each specified pro-
vider in the country, including— 
‘‘(A) the location of each such provider in 
which such provider furnishes items and serv-
ices; 
‘‘(B) each specialty designation (if any) of 
each such provider; 
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‘‘(C) whether such provider treats individ-
uals under the age of 19; and 
‘‘(D) whether such provider accepts tele-
health appointments. The Secretary shall up-
date the information published under the pre-
vious sentence not less frequently than annu-
ally. 
The Secretary shall update the information pub-
lished under this paragraph not less frequently than 
annually. 
‘‘(2) TREATMENT OF GROUP PRACTICES.—For 
purposes of the list described in paragraph (1), the 
Secretary shall list each individual health care pro-
vider separately, regardless of whether such provider 
is part of a group practice. 
‘‘(e) SERVICE AREA DEFINITION.—For purposes of 
this section, the term ‘service area’ means, with respect 
to a group health plan and group or individual health in-
surance coverage, the area or areas in which in-person 
participants and beneficiaries are covered, as determined 
by the plan or issuer of such coverage in accordance with 
rules specified by the Secretary in consultation with the 
Secretaries of Labor and of the Treasury.’’. 
(b) ERISA.— 
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(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income 
Security Act of 1974 is amended by adding at the 
end the following new section: 
‘‘SEC. 726. REQUIRED DISCLOSURE OF PERCENTAGE OF IN- 
NETWORK 
PARTICIPATION 
FOR 
CERTAIN 
PROVIDER TYPES. 
‘‘(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group health insurance coverage 
shall, along with any summary of benefits and coverage 
provided under section 2715 of the Public Health Service 
Act (and in accordance with the timing and manner speci-
fied under such section and the implementing regulations 
of such section), and on the public website of such plan 
or issuer, make available the following information with 
respect to each type of provider specified in subsection (b): 
‘‘(1) The number and percentage of providers 
of such type located in the service area of such plan 
or coverage that have a contractual relationship (as 
defined by the Secretary) in effect with such plan or 
coverage for furnishing items and services under 
such plan or coverage, determined in accordance 
with information made available by the Secretary 
under subsection (d). 
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‘‘(2) The designation established by the Sec-
retary under subsection (c) corresponding to the per-
centage described in paragraph (1). 
‘‘(b) SPECIFIED PROVIDERS.—For purposes of this 
section, the types of providers and facilities specified in 
this subsection are the following (as defined by the Sec-
retary and broken down by subspecialty as specified by 
the Secretary): 
‘‘(1) Behavioral health care providers and facili-
ties. 
‘‘(2) Substance use disorder treatment pro-
viders and facilities. 
‘‘(c) ESTABLISHMENT OF DESIGNATIONS OF IN-NET-
WORK PARTICIPATION.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Sec-
retary, in consultation with the Secretaries of Health 
and Human Services and of the Treasury, shall es-
tablish a system of designations (such as ‘high’, ‘me-
dium’, and ‘low’, a star rating, or such other des-
ignation determined appropriate by the Secretary) 
that correspond to ranges of percentages (from 0 to 
100) described in subsection (a)(1) to qualitatively 
reflect the breadth of the networks of group health 
plans and group health insurance coverage with re-
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spect to each type of provider specified in subsection 
(b). 
‘‘(2) 
VARIATION
PERMITTED.—Designations 
corresponding to percentage ranges established 
under paragraph (1) may vary by type of service 
area (such as rural or urban), size of service area, 
and other factors determined appropriate by the 
Secretary in consultation with the Secretaries of 
Health and Human Services and of the Treasury. 
‘‘(d) INFORMATION ON PROVIDERS.— 
‘‘(1) IN GENERAL.—Not later than June 30, 
2026, the Secretary, in consultation with the Secre-
taries of Health and Human Services and of the 
Treasury, shall, based on information submitted 
under section 2799B–10, post on the public website 
of the Department of Labor, a list of each specified 
provider in the country, including— 
‘‘(A) the location of each such provider in 
which such provider furnishes items and serv-
ices; 
‘‘(B) each specialty designation (if any) of 
each such provider; 
‘‘(C) whether such provider treats individ-
uals under the age of 19; and 
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‘‘(D) whether such provider accepts tele-
health appointments. The Secretary shall up-
date the information published under the pre-
vious sentence not less frequently than annu-
ally. 
The Secretary shall update the information pub-
lished under this paragraph not less frequently than 
annually. 
‘‘(2) TREATMENT OF GROUP PRACTICES.—For 
purposes of the list described in paragraph (1), the 
Secretary shall list each individual health care pro-
vider separately, regardless of whether such provider 
is part of a group practice. 
‘‘(e) SERVICE AREA DEFINITION.—For purposes of 
this section, the term ‘service area’ means, with respect 
to a group health plan and group health insurance cov-
erage, the area or areas in which in-person participants 
and beneficiaries are covered, as determined by the plan 
or issuer of such coverage in accordance with rules speci-
fied by the Secretary in consultation with the Secretaries 
of Health and Human Services and of the Treasury.’’. 
(2) TECHNICAL
AMENDMENT.—The table of 
contents in section 1 of such Act is amended by in-
serting after the item relating to section 725 the fol-
lowing new item: 
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‘‘Sec. 726. Required disclosure of percentage of in-network participation for 
certain provider types.’’. 
(c) IRC.— 
(1) IN
GENERAL.—Subchapter B of chapter 
100 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new section: 
‘‘SEC. 9826. REQUIRED DISCLOSURE OF PERCENTAGE OF 
IN-NETWORK PARTICIPATION FOR CERTAIN 
PROVIDER TYPES. 
‘‘(a) IN GENERAL.—A group health plan shall, along 
with any summary of benefits and coverage provided 
under section 2715 of the Public Health Service Act (and 
in accordance with the timing and manner specified under 
such section and the implementing regulations of such sec-
tion), and on the public website of such plan, make avail-
able the following information with respect to each type 
of provider specified in subsection (b): 
‘‘(1) The number and percentage of providers 
of such type located in the service area of such plan 
that have a contractual relationship (as defined by 
the Secretary) in effect with such plan for furnishing 
items and services under such plan, determined in 
accordance with information made available by the 
Secretary under subsection (d). 
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‘‘(2) The designation established by the Sec-
retary under subsection (c) corresponding to the per-
centage described in paragraph (1). 
‘‘(b) SPECIFIED PROVIDERS.—For purposes of this 
section, the types of providers and facilities specified in 
this subsection are the following (as defined by the Sec-
retary and broken down by subspecialty as specified by 
the Secretary): 
‘‘(1) Behavioral health care providers and facili-
ties. 
‘‘(2) Substance use disorder treatment pro-
viders and facilities. 
‘‘(c) ESTABLISHMENT OF DESIGNATIONS OF IN-NET-
WORK PARTICIPATION.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Sec-
retary, in consultation with the Secretaries of Health 
and Human Services and of Labor, shall establish a 
system of designations (such as ‘high’, ‘medium’, 
and ‘low’, a star rating, or such other designation 
determined appropriate by the Secretary) that cor-
respond to ranges of percentages (from 0 to 100) 
described in subsection (a)(1) to qualitatively reflect 
the breadth of the networks of group health plans 
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with respect to each type of provider specified in 
subsection (b). 
‘‘(2) 
VARIATION
PERMITTED.—Designations 
corresponding to percentage ranges established 
under paragraph (1) may vary by type of service 
area (such as rural or urban), size of service area, 
and other factors determined appropriate by the 
Secretary in consultation with the Secretaries of 
Health and Human Services and of Labor. 
‘‘(d) INFORMATION ON PROVIDERS.— 
‘‘(1) IN GENERAL.—Not later than June 30, 
2026, the Secretary, in consultation with the Secre-
taries of Health and Human Services and of Labor, 
shall, based on information submitted under section 
2799B–10, post on the public website of the Depart-
ment of the Treasury, a list of each specified pro-
vider in the country, including— 
‘‘(A) the location of each such provider in 
which such provider furnishes items and serv-
ices; 
‘‘(B) each specialty designation (if any) of 
each such provider; 
‘‘(C) whether such provider treats individ-
uals under the age of 19; and 
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