Virginia Foxx: “I would like to correct the record regarding a comment Chairman Scott made at the Rules Committee Tuesday that employers…”

“I would like to correct the record regarding a comment Chairman Scott made at the Rules Committee Tuesday that employers must offer mental health benefits. Most health plans governed by ERISA are not required to offer mental health benefits. Let me repeat myself: Most mental health benefits offered by employers with ERISA plans are offered voluntarily. Offering comprehensive health coverage is a valuable tool used to recruit and retain employees. When employers choose to offer mental health benefits, those benefits must be at parity with other benefits. What parity means is a matter of debate, which is the root of the problem here. The Mental Health Parity Act of 1996 required mental health parity for plans that choose to provide mental health benefits. When these employer-sponsored plans cover mental health benefits, they must abide by mental health parity laws. The Consolidated Appropriations Act of 2021 directed the Department of Labor to provide additional assistance to plans to comply with parity requirements. DOL has ignored Congress' mandate to provide additional assistance to plans and is instead expecting plans to read the minds of Washington bureaucrats or face litigation and fines. The problem with this top-down approach is that employers do not have to subject themselves to DOL's whims. Employers are choosing to cover mental health benefits.…”