[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3239 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3239

To amend title XXVII of the Public Health Service Act to provide for a 
special enrollment period for pregnant persons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2021

 Mr. Brown (for himself, Mr. King, Ms. Baldwin, Mr. Casey, Ms. Smith, 
Mr. Blumenthal, Mr. Van Hollen, Mr. Merkley, Mr. Whitehouse, Ms. Cortez 
Masto, Mr. Markey, Mr. Kaine, Ms. Klobuchar, Mr. Booker, and Ms. Rosen) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XXVII of the Public Health Service Act to provide for a 
special enrollment period for pregnant persons, and for other purposes.

    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 ``Healthy Maternity and Obstetric 
Medicine Act'' or the ``Healthy MOM Act''.

SEC. 2. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD FOR PREGNANT 
              INDIVIDUALS.

    (a) Public Health Service Act.--Section 2702(b)(2) of the Public 
Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting 
``including a special enrollment period for pregnant individuals, 
beginning on the date on which the pregnancy is reported to the health 
insurance issuer'' before the period at the end.
    (b) Patient Protection and Affordable Care Act.--Section 1311(c)(6) 
of the Patient Protection and Affordable Care Act (42 U.S.C. 
18031(c)(6)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) a special enrollment period for pregnant 
                individuals, beginning on the date on which the 
                pregnancy is reported to the Exchange; and''.
    (c) Special Enrollment Periods.--
            (1) Internal revenue code.--Section 9801(f) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding 
        at the end the following new paragraph:
            ``(4) For pregnant individuals.--
                    ``(A) In general.--A group health plan shall permit 
                an employee who is eligible, but not enrolled, for 
                coverage under the terms of the plan (or a dependent of 
                such an employee if the dependent is eligible, but not 
                enrolled, for coverage under such terms) to enroll for 
                coverage under the terms of the plan upon pregnancy, 
                with the special enrollment period beginning on the 
                date on which the pregnancy is reported to the group 
                health plan or the pregnancy is confirmed by a health 
                care provider.
                    ``(B) Regulations.--The Secretary shall promulgate 
                regulations with respect to the special enrollment 
                period under subparagraph (A), including establishing a 
                time period for pregnant individuals to enroll in 
                coverage and effective date of such coverage.''.
            (2) ERISA.--Section 701(f) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by 
        adding at the end the following:
            ``(4) For pregnant individuals.--
                    ``(A) In general.--A group health plan or health 
                insurance issuer in connection with a group health plan 
                shall permit an employee who is eligible, but not 
                enrolled, for coverage under the terms of the plan (or 
                a dependent of such an employee if the dependent is 
                eligible, but not enrolled, for coverage under such 
                terms) to enroll for coverage under the terms of the 
                plan upon pregnancy, with the special enrollment period 
                beginning on the date on which the pregnancy is 
                reported to the group health plan or health insurance 
                issuer or the pregnancy is confirmed by a health care 
                provider.
                    ``(B) Regulations.--The Secretary shall promulgate 
                regulations with respect to the special enrollment 
                period under subparagraph (A), including establishing a 
                time period for pregnant individuals to enroll in 
                coverage and effective date of such coverage.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning after the 2021 plan year.

SEC. 3. COVERAGE OF MATERNITY CARE FOR DEPENDENT CHILDREN.

    Section 2719A of the Public Health Service Act (42 U.S.C. 300gg-
19a) is amended--
            (1) in subsection (e), by inserting ``(other than 
        subsection (f))'' after ``this section''; and
            (2) by adding at the end the following:
    ``(f) Coverage of Maternity Care.--A group health plan, or health 
insurance issuer offering group or individual health insurance 
coverage, that provides coverage for dependents shall ensure that such 
plan or coverage includes coverage for maternity care associated with 
pregnancy, childbirth, and postpartum care for all participants, 
beneficiaries, or enrollees, including dependents, including coverage 
of labor and delivery. Such coverage shall be provided to all pregnant 
dependents regardless of age.''.

SEC. 4. FEDERAL EMPLOYEE HEALTH BENEFIT PLANS.

    (a) Coverage of Pregnancy.--The Director of the Office of Personnel 
Management shall issue such regulations as are necessary to ensure that 
pregnancy is considered a change in family status and a qualifying life 
event for an individual who is eligible to enroll, but is not enrolled, 
in a health benefit plan under chapter 89 of title 5, United States 
Code.
    (b) Effective Date.--The requirement in subsection (a) shall apply 
with respect to any contract entered into under section 8902 of such 
title beginning 12 months after the date of enactment of this Act.

SEC. 5. CONTINUATION OF MEDICAID INCOME ELIGIBILITY STANDARD FOR 
              PREGNANT INDIVIDUALS AND INFANTS.

    Section 1902(l)(2)(A) of the Social Security Act (42 U.S.C. 
1396a(l)(2)(A)) is amended--
            (1) in clause (i), by striking ``and not more than 185 
        percent'';
            (2) in clause (ii)--
                    (A) in subclause (I), by striking ``and'' after the 
                comma;
                    (B) in subclause (II), by striking the period at 
                the end and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(III) January 1, 2022, is the percentage provided under 
        clause (v).''; and
            (3) by adding at the end the following new clause:
    ``(v) The percentage provided under clause (ii) for medical 
assistance provided on or after January 1, 2022, with respect to 
individuals described in subparagraph (A) or (B) of paragraph (1) shall 
not be less than--
            ``(I) the percentage specified for such individuals by the 
        State in an amendment to its State plan (whether approved or 
        not) as of January 1, 2014; or
            ``(II) if no such percentage is specified as of January 1, 
        2014, the percentage established for such individuals under the 
        State's authorizing legislation or provided for under the 
        State's appropriations as of that date.''.

SEC. 6. REQUIRING AND MAKING PERMANENT 12-MONTH CONTINUOUS COVERAGE FOR 
              PREGNANT AND POSTPARTUM INDIVIDUALS UNDER MEDICAID AND 
              CHIP.

    (a) Medicaid.--Section 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (86), by striking ``and'' at the 
                end;
                    (B) in paragraph (87), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (87) the following 
                new paragraph:
            ``(88) provide that the State plan is in compliance with 
        subsection (e)(16).''; and
            (2) in subsection (e)(16), as added by section 9812 of the 
        American Rescue Plan Act of 2021 (Public Law 117-2)--
                    (A) in subparagraph (A), by striking ``At the 
                option of the State, the State plan (or waiver of such 
                State plan) may provide'' and inserting ``A State plan 
                (or waiver of such State plan) shall provide'';
                    (B) in subparagraph (B), in the matter preceding 
                clause (i), by striking ``by a State making an election 
                under this paragraph'' and inserting ``under a State 
                plan (or a waiver of such State plan)''; and
                    (C) by striking subparagraph (C).
    (b) CHIP.--
            (1) In general.--Section 2107(e)(1)(J) of the Social 
        Security Act (42 U.S.C. 1397gg(e)(1)(J)), as inserted by 
        section 9822 of the American Rescue Plan Act of 2021 (Public 
        Law 117-2), is amended to read as follows:
                    ``(J) Paragraphs (5) and (16) of section 1902(e) 
                (relating to the requirement to provide medical 
                assistance under the State plan or waiver consisting of 
                full benefits during pregnancy and throughout the 12-
                month postpartum period under title XIX) such that the 
                provision of assistance under the State child health 
                plan or waiver for targeted low-income children or 
                targeted low-income pregnant individuals during 
                pregnancy and the 12-month postpartum period shall be 
                required and shall include coverage of all items or 
                services provided to a targeted low-income child or 
                targeted low-income pregnant individual (as applicable) 
                under the State child health plan or waiver).''.
            (2) Conforming.--Section 2112(d)(2)(A) of the Social 
        Security Act (42 U.S.C. 1397ll(d)(2)(A)), as inserted by 
        section 9822 of the American Rescue Plan Act of 2021 (Public 
        Law 117-2), is amended by striking ``the month in which the 60-
        day period'' and all that follows through ``pursuant to section 
        2107(e)(1),''.
    (c) Conforming Amendments.--
            (1) Section 9812(b) of the American Rescue Plan Act of 2021 
        (Public Law 117-2) is amended to read as follows:
    ``(b) Effective Date.--
            ``(1) In general.--Subject to paragraph (2), the amendment 
        made by subsection (a) shall apply with respect to services 
        furnished on or after the 1st day of the 1st fiscal year 
        quarter that begins one year after the date of the enactment of 
        this Act.
            ``(2) Exception for state legislation.--In the case of a 
        State plan under title XIX of the Social Security Act that the 
        Secretary of Health and Human Services determines requires 
        State legislation in order for the respective plan to meet any 
        requirement imposed by amendments made by this section, the 
        plan shall not be regarded as failing to comply with the 
        requirements of such title solely on the basis of its failure 
        to meet such an additional requirement before the first day of 
        the first fiscal year quarter beginning after the close of the 
        first regular session of the State legislature that begins 
        after the date of enactment of this Act. For purposes of the 
        previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session shall be 
        considered to be a separate regular session of the State 
        legislature.''.
            (2) Section 9822(b) of the American Rescue Plan Act of 2021 
        (Public Law 117-2) is amended to read as follows:
    ``(b) Effective Date.--
            ``(1) In general.--Subject to paragraph (2), the amendments 
        made by subsection (a), shall apply with respect to services 
        furnished on or after the 1st day of the 1st fiscal year 
        quarter that begins one year after the date of the enactment of 
        this Act.
            ``(2) Exception for state legislation.--In the case of a 
        State child health plan under title XXI of the Social Security 
        Act that the Secretary of Health and Human Services determines 
        requires State legislation in order for the plan to meet any 
        requirement imposed by amendments made by this section, the 
        respective plan shall not be regarded as failing to comply with 
        the requirements of such title solely on the basis of its 
        failure to meet such an additional requirement before the first 
        day of the first fiscal year quarter beginning after the close 
        of the first regular session of the State legislature that 
        begins after the date of enactment of this Act. For purposes of 
        the previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session shall be 
        considered to be a separate regular session of the State 
        legislature.''.
    (d) Effective Date.--The amendments made by subsections (a) and 
(c)(1) shall take effect as if included in the enactment of section 
9812 of the American Rescue Plan Act of 2021 (Public Law 117-2). The 
amendments made by subsections (b) and (c)(2) shall take effect as if 
included in the enactment of section 9822 of such Act.

SEC. 7. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act (or an amendment made by this Act) shall be 
construed to invalidate or limit the remedies, rights, and procedures 
of any Federal law or the law of any State or political subdivision of 
any State or jurisdiction that provides greater or equal protection for 
enrollees in a group health plan or group or individual health 
insurance offered by a health insurance issuer.
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