I 118th CONGRESS 1st Session H. R. 5752 IN THE HOUSE OF REPRESENTATIVES September 27, 2023 Mr. Fitzpatrick (for himself and Mr. Trone ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow first-dollar coverage of mental health services for purposes of health savings accounts.

1. Short title This Act may be cited as the Opening Plans to Individuals and Offering New Services for Mental Health Act of 2023 or the OPTIONS Act of 2023 . 2. Safe harbor for absence of deductible for mental health services (a) In general Section 223(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (H) Safe harbor for absence of deductible for mental health services A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for not more than the first $500 of any mental health benefits (as defined in section 9812(e)(4)) specified by the plan for purposes of this subparagraph. . (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2023.