12 2 STA T .389 1 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 morethan an ann u a lb a si s , an anon y mous itemi z ation o f su c h notifications, that inclu d es —‘ ‘ (I) a brea k do w nof S tates by the size and ty p e of employers submittin g such 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 relating toane x emption, including any actuarial reports prepared pursuant to subparagraph ( C ), during the 6 year period following the notification of such exemption under subpara - graph ( 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 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 ( 7 ) 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). (d) R EGULATIONS.— N ot later than 1 year after the date of enactment of this Act, the Secretaries of L abor, H ealth and Human Services, and the Treasury shall issue regulations to carry out the amendments made by subsections (a), (b), and (c), respectively. (e) EFFECTI V E D ATE.— (1) IN GENERAL.—The amendments made by this section shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of enact- ment of this Act, regardless of whether regulations have been issued to carry out such amendments by such effective date, except that the amendments made by subsections (a)(5), (b)(5), and (c)(5), relating to striking of certain sunset provisions, shall take effect on J anuary 1, 2 0 0 9 . (2) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREE- M ENTS.—In the case of a group health plan maintained pursu- ant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of— 42USC30 0 g g –5note.D e adli ne. 42 USC 300gg–5 note.
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