No Surprise Bills for New Moms Act
This bill requires health insurers to provide coverage for newborns of enrollees for the first 30-day period after the newborn's date of birth and to provide a special enrollment period for the newborn that extends at least 60 days after the initial coverage period. It also requires insurers to notify an enrollee if they receive a claim for the enrollee's newborn who is not enrolled in a health insurance plan.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3387 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3387
To amend the Public Health Service Act, the Employee Retirement Income
Security Act of 1974, and the Internal Revenue Code of 1986 to provide
for certain health coverage of newborns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2023
Ms. Porter (for herself, Mrs. Hinson, Mr. Nadler, Mrs. Gonzalez-Colon,
Ms. Barragan, and Mr. Fitzpatrick) introduced the following bill; which
was referred to the Committee on Energy and Commerce, and in addition
to the Committees on Education and the Workforce, and Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act, the Employee Retirement Income
Security Act of 1974, and the Internal Revenue Code of 1986 to provide
for certain health coverage of newborns.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Surprise Bills for New Moms
Act''.
SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF NEWBORNS.
(a) PHSA Amendments.--Section 2725 of the Public Health Service Act
(42 U.S.C. 300gg-25) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``(or, in the
case of subsection (d), the parent or newborn child of
such parent)'' after ``mother or her newborn child'';
and
(B) in paragraph (2), by inserting ``(or, in the
case of subsection (d), parents)'' after each
occurrence of ``mothers'';
(3) by inserting after subsection (c) the following:
``(d) Newborn Coverage.--A group health plan, and a health
insurance issuer offering group or individual health insurance
coverage, shall, in the case of a parent who is a participant or
beneficiary in the plan or coverage--
``(1) provide coverage to a newborn of such parent for a
30-day period after the date of the birth of such newborn for
any service for which coverage is otherwise provided under such
plan or coverage;
``(2) provide for a special enrollment period to enroll
such newborn in the plan or coverage during at least the 60-day
period following the period specified in paragraph (1); and
``(3) in the case that such plan or coverage receives a
claim for items and services furnished to such newborn of such
participant or beneficiary and such newborn is not enrolled
under such plan or coverage, provide immediate notification to
the participant or beneficiary that such newborn is not so
enrolled.''; and
(4) in subsection (g)(1), as redesignated by paragraph (1),
by inserting ``(other than subsection (d))'' after ``this
section''.
(b) ERISA Amendments.--Section 711 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``(or, in the
case of subsection (d), the parent or newborn child of
such parent)'' after ``mother or her newborn child'';
and
(B) in paragraph (2), by inserting ``(or, in the
case of subsection (d), parents)'' after each
occurrence of ``mothers'';
(3) by inserting after subsection (c) the following:
``(d) Newborn Coverage.--A group health plan, and a health
insurance issuer offering group health insurance coverage, shall, in
the case of a parent who is a participant or beneficiary in the plan or
coverage--
``(1) provide coverage to a newborn of such parent for a
30-day period after the date of the birth of such newborn for
any service for which coverage is otherwise provided under such
plan or coverage;
``(2) provide for a special enrollment period to enroll
such newborn in the plan or coverage during at least the 60-day
period following the period specified in paragraph (1); and
``(3) in the case that such plan or coverage receives a
claim for items and services furnished to such newborn of such
participant or beneficiary and such newborn is not enrolled
under such plan or coverage, provide immediate notification to
the participant or beneficiary that such newborn is not so
enrolled.''; and
(4) in subsection (g)(1), as redesignated by paragraph (1),
by inserting ``(other than subsection (d))'' after ``this
section''.
(c) IRC Amendments.--Section 9811 of the Internal Revenue Code of
1986 is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``(or, in the
case of subsection (d), the parent or newborn child of
such parent)'' after ``mother or her newborn child'';
and
(B) in paragraph (2), by inserting ``(or, in the
case of subsection (d), parents)'' after each
occurrence of ``mothers'';
(3) by inserting after subsection (c) the following:
``(d) Newborn Coverage.--A group health plan shall, in the case of
a parent who is a participant or beneficiary in the plan--
``(1) provide coverage to a newborn of such parent for a
30-day period after the date of the birth of such newborn for
any service for which coverage is otherwise provided under such
plan;
``(2) provide for a special enrollment period to enroll
such newborn in the plan during at least the 60-day period
following the period specified in paragraph (1); and
``(3) in the case that such plan receives a claim for items
and services furnished to such newborn of such participant or
beneficiary and such newborn is not enrolled under such plan,
provide immediate notification to the participant or
beneficiary that such newborn is not so enrolled.''; and
(4) in the matter preceding paragraph (1) of subsection
(f), as redesignated by paragraph (1), by inserting ``(other
than subsection (d))'' after ``this section''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
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