No Surprise Bills for New Moms Act

I 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. GONZA´LEZ- COLO´N, Ms. BARRAGA´N, 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 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘No Surprise Bills for 4 New Moms Act’’. 5 VerDate Sep 11 2014 00:23 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3387.IH H3387 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3387 IH SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF 1 NEWBORNS. 2 (a) PHSA AMENDMENTS.—Section 2725 of the Pub- 3 lic Health Service Act (42 U.S.C. 300gg–25) is amend- 4 ed— 5 (1) by redesignating subsections (d) through (f) 6 as subsections (e) through (g), respectively; 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 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; 26 VerDate Sep 11 2014 00:23 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3387.IH H3387 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3387 IH ‘‘(2) provide for a special enrollment period to 1 enroll such newborn in the plan or coverage during 2 at least the 60-day period following the period speci- 3 fied in paragraph (1); and 4 ‘‘(3) in the case that such plan or coverage re- 5 ceives a claim for items and services furnished to 6 such newborn of such participant or beneficiary and 7 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- 10 rolled.’’; and 11 (4) in subsection (g)(1), as redesignated by 12 paragraph (1), by inserting ‘‘(other than subsection 13 (d))’’ after ‘‘this section’’. 14 (b) ERISA AMENDMENTS.—Section 711 of the Em- 15 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; 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 24 VerDate Sep 11 2014 00:23 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3387.IH H3387 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3387 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 24 VerDate Sep 11 2014 00:23 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3387.IH H3387 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3387 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; 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 VerDate Sep 11 2014 21:17 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3387.IH H3387 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3387 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 the matter preceding paragraph (1) of 11 subsection (f), as redesignated by paragraph (1), by 12 inserting ‘‘(other than subsection (d))’’ after ‘‘this 13 section’’. 14 (d) EFFECTIVE DATE.—The amendments made by 15 this section shall apply with respect to plan years begin- 16 ning on or after the date of the enactment of this Act. 17 Æ VerDate Sep 11 2014 00:23 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3387.IH H3387 kjohnson on DSK79L0C42PROD with BILLS