I 117th CONGRESS 2d Session H. R. 8886 IN THE HOUSE OF REPRESENTATIVES September 19, 2022 Ms. Moore of Wisconsin (for herself and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Education and Labor , and Ways and Means , 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 concerned A BILL To amend the Public Health Service Act, Internal Revenue Code of 1986, and Employee Retirement Income Security Act of 1974 to ensure mental health and substance use disorder benefits are defined pursuant to external benchmarks based on nationally recognized standards.

1. Short title This Act may be cited as the Promoting Clarity in Mental Health and Substance Use Disorder Treatment Act . 2. Ensuring mental health and substance use disorder benefits are defined pursuant to external benchmarks based on nationally recognized standards (a) PHSA Section 2726(e) of the Public Health Service Act ( 42 U.S.C. 300gg–26(e) ) is amended— (1) in paragraph (4), by adding at the end the following new sentence: Any definition of the term mental health condition applied for purposes of the previous sentence shall include at least the conditions (other than a substance use disorder) that fall under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems, or that is listed in the most recent version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. ; and (2) in paragraph (5), by adding at the end the following new sentence: Any definition of the term substance use disorder applied for purposes of the previous sentence shall include at least the disorders that fall under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems as a mental and behavioral disorder due to psychoactive substance use (or equivalent category), or that is listed in the most recent version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders as a substance-related and addictive disorder (or equivalent category). . (b) IRC Section 9812(e) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (4), by adding at the end the following new sentence: Any definition of the term mental health condition applied for purposes of the previous sentence shall include at least the conditions (other than a substance use disorder) that fall under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems, or that is listed in the most recent version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. ; and (2) in paragraph (5), by adding at the end the following new sentence: Any definition of the term substance use disorder applied for purposes of the previous sentence shall include at least the disorders that fall under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems as a mental and behavioral disorder due to psychoactive substance use (or equivalent category), or that is listed in the most recent version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders as a substance-related and addictive disorder (or equivalent category). . (c) ERISA Section 712(e) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a(e) ) is amended— (1) in paragraph (4), by adding at the end the following new sentence: Any definition of the term mental health condition applied for purposes of the previous sentence shall include at least the conditions (other than a substance use disorder) that fall under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems, or that is listed in the most recent version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. ; and (2) in paragraph (5), by adding at the end the following new sentence: Any definition of the term substance use disorder applied for purposes of the previous sentence shall include at least the disorders that fall under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems as a mental and behavioral disorder due to psychoactive substance use (or equivalent category), or that is listed in the most recent version of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders as a substance-related and addictive disorder (or equivalent category). . (d) Implementation The Secretaries of Labor, Health and Human Services, and the Treasury may implement the provisions of, including the amendments made by, this section through interim final rule, sub-regulatory guidance, program instruction, or otherwise. (e) Effective date The amendments made by this section shall apply with respect to plan years beginning on or after the date that is 6 months after the date of the enactment of this Act.