[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9222 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9222

   To amend title XXVII of the Public Health Service Act to increase 
 health insurance access for individuals placing their newborns up for 
                               adoption.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 2022

   Ms. Van Duyne (for herself, Mr. Lamborn, and Mr. Weber of Texas) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend title XXVII of the Public Health Service Act to increase 
 health insurance access for individuals placing their newborns up for 
                               adoption.

    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 ``Caring for Mothers Act of 2022''.

SEC. 2. INCREASING HEALTH INSURANCE ACCESS FOR INDIVIDUALS PLACING 
              THEIR NEWBORNS FOR ADOPTION.

    (a) In General.--Subpart II of part A of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at 
the end the following new section:

``SEC. 2730. AVAILABILITY OF COVERAGE FOR INDIVIDUALS PLACING THEIR 
              NEWBORNS FOR ADOPTION.

    ``(a) In General.--In the case of an individual enrolled in a group 
health plan or group or individual health insurance coverage who 
intends to adopt (or has already adopted) a child of a qualifying 
individual and who submits to such plan or coverage (as applicable) a 
request described in subsection (b) with respect to such qualifying 
individual, such plan or coverage shall enroll such qualifying 
individual under such plan or coverage and provide benefits under such 
plan or coverage in accordance with subsection (c).
    ``(b) Request.--For purposes of subsection (a), a request described 
in this subsection is a request submitted to a group health plan or 
group or individual health insurance coverage by an individual who is 
enrolled in such plan or coverage who intends to adopt (or has already 
adopted) a biological child of a qualifying individual that--
            ``(1) requests that such qualifying individual receive 
        benefits under such plan or coverage in accordance with 
        subsection (c);
            ``(2) contains an attestation that such individual intends 
        to adopt (or already has adopted) such child;
            ``(3) in the case such child has not been so adopted at the 
        time of the submission of such request, contains an attestation 
        from such qualifying individual that such qualifying individual 
        intends to have such individual adopt such child; and
            ``(4) is signed by such individual and such qualifying 
        individual.
    ``(c) Coverage.--
            ``(1) Scope.--Notwithstanding any other provisions of law, 
        benefits provided under a group health plan or group or 
        individual health insurance coverage to a qualifying individual 
        enrolled pursuant to a request described in subsection (b) 
        shall consist only of--
                    ``(A) pregnancy-related and postpartum care; and
                    ``(B) mental health and substance use disorder 
                services.
            ``(2) Coverage period.--Coverage provided under a group 
        health plan or group or individual health insurance coverage to 
        a qualifying individual pursuant to a request described in 
        subsection (b) shall begin on the first day of the first month 
        beginning after the date such plan or coverage receives such 
        request and shall end on the earliest of the following:
                    ``(A) The date the individual who submitted such 
                request notifies such plan or coverage of such 
                individual's intent to terminate such coverage.
                    ``(B) The date on which coverage of such individual 
                under such plan or group or individual health insurance 
                coverage is terminated.
                    ``(C) The date such qualifying individual notifies 
                such plan or coverage of such qualifying individual's 
                intent to terminate such coverage.
                    ``(D) The date that is 1 year after the date of the 
                birth of the child that is the subject of the adoption 
                described in subsection (a).
    ``(d) Clarification on Scope of Requirement.--The requirement on a 
group health plan or group or individual health insurance coverage 
under subsection (a) to provide benefits to a qualifying individual 
pursuant to a request described in subsection (b) shall apply only with 
respect to benefits described in subsection (c)(1) furnished with 
respect to the pregnancy that is the subject of the adoption described 
in subsection (b).
    ``(e) Qualifying Individual Defined.--In this section, the term 
`qualifying individual' means an individual who--
            ``(1) is pregnant or who has given birth in the last 6 
        months; and
            ``(2) is a citizen or national of the United States or an 
        alien lawfully present in the United States.
    ``(f) Rule of Construction.--Nothing in this section may be 
construed to--
            ``(1) require a qualifying individual who enrolls in a 
        group health plan or group or individual health insurance 
        coverage pursuant to this section, or an individual who 
        requests enrollment of such qualifying individual in such plan 
        or coverage, to effectuate any adoption; or
            ``(2) allow for the imposition of any penalty on such a 
        qualifying individual or individual requesting such enrollment 
        if such an adoption is not effectuated.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to plan years beginning on or after January 1, 2023.
                                 <all>