I 
117TH CONGRESS 
2D SESSION 
H. R. 8881 
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 
SEPTEMBER 19, 2022 
Mr. HORSFORD (for himself and Mr. BUCHANAN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Ways and Means, and Education and 
Labor, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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 a public website, make available the following in-
formation 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, 
2025, 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 a public website a list of each specified provider 
in the country, along with the location of each such 
provider in which such provider furnishes items and 
services and each specialty designation (if any) of 
each such provider. The Secretary shall update the 
information published under the previous sentence 
not less frequently than annually. 
‘‘(2) TREATMENT OF GROUP PRACTICES.—For 
purposes of the list described in paragraph (1), the 
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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.— 
(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 
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