No Surprise Bills for New Moms Act

I 117TH CONGRESS 1ST SESSION H. R. 2054 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 MARCH 18, 2021 Ms. PORTER (for herself, Ms. HERRERA BEUTLER, Mr. NADLER, Mr. KATKO, Mr. TRONE, Mr. COLE, Mr. MORELLE, Mr. FITZPATRICK, Mr. LAWSON of Florida, Mr. TAYLOR, Mrs. KIRKPATRICK, Miss GONZA´LEZ-COLO´N, Ms. BARRAGA´N, Mrs. HINSON, Ms. SCANLON, Mr. HASTINGS, Mr. DEUTCH, Mr. GRIJALVA, Ms. JACKSON LEE, Ms. ROYBAL-ALLARD, Ms. UNDERWOOD, Mr. COHEN, Mr. RYAN, and Ms. STRICKLAND) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, 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 Re- tirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for certain health cov- erage of newborns. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2054 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘No Surprise Bills for 2 New Moms Act’’. 3 SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF 4 NEWBORNS. 5 (a) PHSA AMENDMENTS.—Section 2725 of the Pub- 6 lic Health Service Act (42 U.S.C. 300gg–25) is amend- 7 ed— 8 (1) by redesignating subsections (d) through (f) 9 as subsections (e) through (g), respectively; 10 (2) in subsection (b)— 11 (A) in paragraph (1), by inserting ‘‘(or, in 12 the case of subsection (d), the parent or new- 13 born child of such parent)’’ after ‘‘mother or 14 her newborn child’’; and 15 (B) in paragraph (2), by inserting ‘‘(or, in 16 the case of subsection (d), parents)’’ after each 17 occurrence of ‘‘mothers’’; 18 (3) by inserting after subsection (c) the fol- 19 lowing: 20 ‘‘(d) NEWBORN COVERAGE.—A group health plan, 21 and a health insurance issuer offering group or individual 22 health insurance coverage, shall, in the case of a parent 23 who is a participant or beneficiary in the plan or cov- 24 erage— 25 VerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2054 IH ‘‘(1) provide coverage to a newborn of such par- 1 ent for a 30-day period after the date of the birth 2 of such newborn for any service for which coverage 3 is otherwise provided under such plan or coverage; 4 ‘‘(2) provide for a special enrollment period to 5 enroll such newborn in the plan or coverage during 6 at least the 60-day period following the period speci- 7 fied in paragraph (1); and 8 ‘‘(3) in the case that such plan or coverage re- 9 ceives a claim for items and services furnished to 10 such newborn of such participant or beneficiary and 11 such newborn is not enrolled under such plan or cov- 12 erage, provide immediate notification to the partici- 13 pant or beneficiary that such newborn is not so en- 14 rolled.’’; and 15 (4) in subsection (g)(1), as redesignated by 16 paragraph (1), by inserting ‘‘(other than subsection 17 (d))’’ after ‘‘this section’’. 18 (b) ERISA AMENDMENTS.—Section 711 of the Em- 19 ployee Retirement Income Security Act of 1974 (29 20 U.S.C. 1185) is amended— 21 (1) by redesignating subsections (d) through (f) 22 as subsections (e) through (g), respectively; and 23 (2) in subsection (b)— 24 VerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2054 IH (A) in paragraph (1), by inserting ‘‘(or, in 1 the case of subsection (d), the parent or new- 2 born child of such parent)’’ after ‘‘mother or 3 her newborn child’’; and 4 (B) in paragraph (2), by inserting ‘‘(or, in 5 the case of subsection (d), parents)’’ after each 6 occurrence of ‘‘mothers’’; 7 (3) by inserting after subsection (c) the fol- 8 lowing: 9 ‘‘(d) NEWBORN COVERAGE.—A group health plan, 10 and a health insurance issuer offering group health insur- 11 ance coverage, shall, in the case of a parent who is a par- 12 ticipant or beneficiary in the plan or coverage— 13 ‘‘(1) provide coverage to a newborn of such par- 14 ent for a 30-day period after the date of the birth 15 of such newborn for any service for which coverage 16 is otherwise provided under such plan or coverage; 17 ‘‘(2) provide for a special enrollment period to 18 enroll such newborn in the plan or coverage during 19 at least the 60-day period following the period speci- 20 fied in paragraph (1); and 21 ‘‘(3) in the case that such plan or coverage re- 22 ceives a claim for items and services furnished to 23 such newborn of such participant or beneficiary and 24 such newborn is not enrolled under such plan or cov- 25 VerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2054 IH erage, provide immediate notification to the partici- 1 pant or beneficiary that such newborn is not so en- 2 rolled.’’; and 3 (4) in subsection (g)(1), as redesignated by 4 paragraph (1), by inserting ‘‘(other than subsection 5 (d))’’ after ‘‘this section’’. 6 (c) IRC AMENDMENTS.—Section 9811 of the Inter- 7 nal Revenue Code of 1986 is amended— 8 (1) by redesignating subsections (d) and (e) as 9 subsections (e) and (f), respectively; and 10 (2) in subsection (b)— 11 (A) in paragraph (1), by inserting ‘‘(or, in 12 the case of subsection (d), the parent or new- 13 born child of such parent)’’ after ‘‘mother or 14 her newborn child’’; and 15 (B) in paragraph (2), by inserting ‘‘(or, in 16 the case of subsection (d), parents)’’ after each 17 occurrence of ‘‘mothers’’; 18 (3) by inserting after subsection (c) the fol- 19 lowing: 20 ‘‘(d) NEWBORN COVERAGE.—A group health plan 21 shall, in the case of a parent who is a participant or bene- 22 ficiary in the plan— 23 ‘‘(1) provide coverage to a newborn of such par- 24 ent for a 30-day period after the date of the birth 25 VerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2054 IH of such newborn for any service for which coverage 1 is otherwise provided under such plan; 2 ‘‘(2) provide for a special enrollment period to 3 enroll such newborn in the plan during at least the 4 60-day period following the period specified in para- 5 graph (1); and 6 ‘‘(3) in the case that such plan receives a claim 7 for items and services furnished to such newborn of 8 such participant or beneficiary and such newborn is 9 not enrolled under such plan, provide immediate no- 10 tification to the participant or beneficiary that such 11 newborn is not so enrolled.’’; and 12 (4) in subsection (f)(1), as redesignated by 13 paragraph (1), by inserting ‘‘(other than subsection 14 (d))’’ after ‘‘this section’’. 15 (d) EFFECTIVE DATE.—The amendments made by 16 this section shall apply with respect to plan years begin- 17 ning on or after the date of the enactment of this Act. 18 Æ VerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2054.IH H2054 pbinns on DSKJLVW7X2PROD with BILLS