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23
1 for small and mid-size employers to self-insure or
2 create adverse selection in the risk pools of large
3 group insurers and self-insured employers. Not later
4 than 18 months after the first day of Y1, the Com-
5 missioner shall submit to Congress and the applica-
6 ble agencies an updated report on such study, in-
7 cluding updates on such recommendations.
8 SEC. 114. NONDISCRIMINATION IN BENEFITS; PARITY IN

9 MENTAL HEALTH AND SUBSTANCE ABUSE

10 DISORDER BENEFITS.

11 (a) NONDISCRIMINATION IN BENEFITS.—A qualified

12 health benefits plan shall comply with standards estab-
13 lished by the Commissioner to prohibit discrimination in
14 health benefits or benefit structures for qualifying health
15 benefits plans, building from sections 702 of Employee
16 Retirement Income Security Act of 1974, 2702 of the
17 Public Health Service Act, and section 9802 of the Inter-
18 nal Revenue Code of 1986.
19 (b) PARITY IN MENTAL HEALTH AND SUBSTANCE
20 ABUSE DISORDER BENEFITS.—To the extent such provi-
21 sions are not superceded by or inconsistent with subtitle
22 C, the provisions of section 2705 (other than subsections
23 (a)(1), (a)(2), and (c)) of section 2705 of the Public
24 Health Service Act shall apply to a qualified health bene-
25 fits plan, regardless of whether it is offered in the indi-

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