; (bb) for plans with multiple network tiers (such as preferred providers and participating providers), network tier design; (cc) standards for provider admission to participate in a network, including reimbursement rates; (dd) refusal to pay for higher-cost therapies until it can be shown that a lower-cost therapy is not effective (also known as fail-first policies or step therapy protocols); (ee) exclusions based on failure to complete a course of treatment; and (ff) restrictions based on geographic location, facility type, provider specialty, and other criteria that limit the scope or duration of benefits for services provided under the plan or coverage. (ii) Exclusions The term treatment limitation does not include any exclusions from coverage of items or services for which payment is not made under part A or part B or any statutory limitations on coverage applicable under such parts. . (2) Enforcement Section 1857(g)(1) of the Social Security Act ( 42 U.S.C. 1395w–27(g)(1) ) is amended— (A) in subparagraph (J), by striking or after the semicolon; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J), the following new subparagraph: (K) fails to comply with mental health parity requirements under section 1852(o) or applicable implementing regulations or guidance; or ; (D) in subparagraph (L), as redesignated by subparagraph (B), by striking through (J) and inserting through (K)