12 2 STA T .38 8 4PUBLIC LA W 11 0– 343 —O CT. 3 , 2008 ‘ ‘ (I)abre a kdown o fSt ate s b y t h es iz e and ty p eofe m p l oyers s u bmittin g su c h notification
and ‘‘(II) a summary of the data recei v ed under clause (ii) . ‘‘( F ) AUDITSBYAP P RO PRIAT E A G E NC IES. —T o determine compliance with this paragraph , the Secretary may audit the books and records of a group health plan or health insurance issuer relating to an e x emption, including any actuarial reports prepared pursuant to subparagraph ( C ), during the 6 year period following the notification of such exemption under subparagraph ( E ). A State agency receiving a notification under subparagraph (E) may also conduct such an audit with respect to an exemption covered by such notification. ’ ’; ( 4 ) in subsection (e), by striking paragraph (4) and inserting the following
‘‘(4) M ENTA LH EALTH BENE F ITS.—The term ‘mental health benefits’ means benefits with respect to services for mental health conditions, as defined under the terms of the plan and in accordance with applicable Federal and State law. ‘‘( 5 ) SUBSTANCE USE DISORDER BENEFITS.—The term ‘sub - stance use disorder benefits’ means benefits with respect to services for substance use disorders, as defined under the terms of the plan and in accordance with applicable Federal and State law.’’; (5) by striking subsection (f); (6) by inserting after subsection (e) the following: ‘‘(f) SECRETARY R EPORT.—The Secretary shall, by J anuary 1 , 20 12, and every two years thereafter, submit to the appropriate committees of Congress a report on compliance of group health plans (and health insurance coverage offered in connection with such plans) with the re q uirements of this section. Such report shall include the results of any surveys or audits on compliance of group health plans (and health insurance coverage offered in connection with such plans) with such requirements and an analysis of the reasons for any failures to comply. ‘‘(g) N OTICE AND ASSISTANCE.—The Secretary, in cooperation with the Secretaries of H ealth and Human Services and Treasury, as appropriate, shall publish and widely disseminate guidance and information for group health plans, participants and beneficiaries, applicable State and local regulatory bodies, and the National Association of Insurance Commissioners concerning the require- ments of this section and shall provide assistance concerning such requirements and the continued operation of applicable State law. Such guidance and information shall inform participants and bene- ficiaries of how they may obtain assistance under this section, including, where appropriate, assistance from State consumer and insurance agencies.’’; ( 7 ) by striking ‘‘mental health benefits’’ and inserting ‘‘mental health and substance use disorder benefits’’ each place it appears in subsections (a)(1)( B )(i), (a)(1)(C), (a)(2)(B)(i), and (a)(2)(C); and ( 8 ) by striking ‘‘mental health benefits’’ and inserting ‘‘mental health or substance use disorder benefits’’ each place it appears (other than in any provision amended by the previous paragraph). Publicat i on.
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