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I
116TH CONGRESS
2D SESSION
H. R. 8330
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
SEPTEMBER 21, 2020
Ms. PORTER (for herself, Ms. HERRERA BEUTLER, Mr. WELCH, Mr. COLE,
Mr. TRONE, Mr. VAN DREW, Mr. CISNEROS, and Mr. FITZPATRICK) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committees on Education and
Labor, 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 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘No Surprise Bills for
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New Moms Act’’.
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•HR 8330 IH
SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF
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NEWBORNS.
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(a) PHSA AMENDMENTS.—Section 2725 of the Pub-
3
lic Health Service Act (42 U.S.C. 300gg–25) is amend-
4
ed—
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(1) by redesignating subsections (d) through (f)
6
as subsections (e) through (g), respectively;
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(2) in subsection (b)—
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(A) in paragraph (1), by inserting ‘‘(or, in
9
the case of subsection (d), the parent or new-
10
born child of such parent)’’ after ‘‘mother or
11
her newborn child’’ and
12
(B) in paragraph (2), by inserting ‘‘(or, in
13
the case of subsection (d), parents)’’ after each
14
occurrence of ‘‘mothers’’;
15
(3) by inserting after subsection (c) the fol-
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lowing:
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‘‘(d) NEWBORN COVERAGE.—A group health plan,
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and a health insurance issuer offering group or individual
19
health insurance coverage, shall, in the case of a parent
20
who is a participant or beneficiary in the plan or cov-
21
erage—
22
‘‘(1) provide coverage to a newborn of such par-
23
ent for a 30-day period after the date of the birth
24
of such newborn for any service for which coverage
25
is otherwise provided under such plan or coverage;
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•HR 8330 IH
‘‘(2) provide for a special enrollment period to
1
enroll such newborn in the plan or coverage during
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at least the 60-day period following the period speci-
3
fied in paragraph (1); and
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‘‘(3) in the case that such plan or coverage re-
5
ceives a claim for items and services furnished to
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such newborn of such participant or beneficiary and
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such newborn is not enrolled under such plan or cov-
8
erage, provide immediate notification to the partici-
9
pant or beneficiary that such newborn is not so en-
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rolled.’’; and
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(4) in subsection (g)(1), as redesignated by
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paragraph (1), by inserting ‘‘(other than subsection
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(d))’’ after ‘‘this section’’.
14
(b) ERISA AMENDMENTS.—Section 711 of the Em-
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ployee Retirement Income Security Act of 1974 (29
16
U.S.C. 1185) is amended—
17
(1) by redesignating subsections (d) through (f)
18
as subsections (e) through (g), respectively; and
19
(2) in subsection (b)—
20
(A) in paragraph (1), by inserting ‘‘(or, in
21
the case of subsection (d), the parent or new-
22
born child of such parent)’’ after ‘‘mother or
23
her newborn child’’ and
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•HR 8330 IH
(B) in paragraph (2), by inserting ‘‘(or, in
1
the case of subsection (d), parents)’’ after each
2
occurrence of ‘‘mothers’’;
3
(3) by inserting after subsection (c) the fol-
4
lowing:
5
‘‘(d) NEWBORN COVERAGE.—A group health plan,
6
and a health insurance issuer offering group health insur-
7
ance coverage, shall, in the case of a parent who is a par-
8
ticipant or beneficiary in the plan or coverage—
9
‘‘(1) provide coverage to a newborn of such par-
10
ent for a 30-day period after the date of the birth
11
of such newborn for any service for which coverage
12
is otherwise provided under such plan or coverage;
13
‘‘(2) provide for a special enrollment period to
14
enroll such newborn in the plan or coverage during
15
at least the 60-day period following the period speci-
16
fied in paragraph (1); and
17
‘‘(3) in the case that such plan or coverage re-
18
ceives a claim for items and services furnished to
19
such newborn of such participant or beneficiary and
20
such newborn is not enrolled under such plan or cov-
21
erage, provide immediate notification to the partici-
22
pant or beneficiary that such newborn is not so en-
23
rolled.’’; and
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•HR 8330 IH
(4) in subsection (g)(1), as redesignated by
1
paragraph (1), by inserting ‘‘(other than subsection
2
(d))’’ after ‘‘this section’’.
3
(c) IRC AMENDMENTS.—Section 9811 of the Inter-
4
nal Revenue Code of 1986 is amended—
5
(1) by redesignating subsections (d) and (e) as
6
subsections (e) and (f), respectively; and
7
(2) in subsection (b)—
8
(A) in paragraph (1), by inserting ‘‘(or, in
9
the case of subsection (d), the parent or new-
10
born child of such parent)’’ after ‘‘mother or
11
her newborn child’’ and
12
(B) in paragraph (2), by inserting ‘‘(or, in
13
the case of subsection (d), parents)’’ after each
14
occurrence of ‘‘mothers’’;
15
(3) by inserting after subsection (c) the fol-
16
lowing:
17
‘‘(d) NEWBORN COVERAGE.—A group health plan
18
shall, in the case of a parent who is a participant or bene-
19
ficiary in the plan—
20
‘‘(1) provide coverage to a newborn of such par-
21
ent for a 30-day period after the date of the birth
22
of such newborn for any service for which coverage
23
is otherwise provided under such plan;
24
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•HR 8330 IH
‘‘(2) provide for a special enrollment period to
1
enroll such newborn in the plan during at least the
2
60-day period following the period specified in para-
3
graph (1); and
4
‘‘(3) in the case that such plan receives a claim
5
for items and services furnished to such newborn of
6
such participant or beneficiary and such newborn is
7
not enrolled under such plan, provide immediate no-
8
tification to the participant or beneficiary that such
9
newborn is not so enrolled.’’; and
10
(4) in subsection (f)(1), as redesignated by
11
paragraph (1), by inserting ‘‘(other than subsection
12
(d))’’ after ‘‘this section’’.
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(d) EFFECTIVE DATE.—The amendments made by
14
this section shall apply with respect to plan years begin-
15
ning on or after the date of the enactment of this Act.
16
Æ
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