NCEO
House Passes Bill That Would Limit Arbitration in ERISA Plans
By a vote of 220-205, the House passed the Mental Health Matters Act. Most of the bill would provide funds to expand access to mental health and substance abuse services for children and young adults but another provision would bar compulsory arbitration in all ERISA plans. Additionally, it would ban forced arbitration clauses, class action waivers, and discretionary clauses, and it would make representation waivers unenforceable. Participants can still agree to arbitration after a dispute arises, but only if: