[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3387 Introduced in House (IH)]

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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. Gonzalez-Colon, 
Ms. Barragan, 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 Retirement Income 
Security Act of 1974, and the Internal Revenue Code of 1986 to provide 
                for certain health coverage of newborns.

    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 ``No Surprise Bills for New Moms 
Act''.

SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF NEWBORNS.

    (a) PHSA Amendments.--Section 2725 of the Public Health Service Act 
(42 U.S.C. 300gg-25) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``(or, in the 
                case of subsection (d), the parent or newborn child of 
                such parent)'' after ``mother or her newborn child''; 
                and
                    (B) in paragraph (2), by inserting ``(or, in the 
                case of subsection (d), parents)'' after each 
                occurrence of ``mothers'';
            (3) by inserting after subsection (c) the following:
    ``(d) Newborn Coverage.--A group health plan, and a health 
insurance issuer offering group or individual health insurance 
coverage, shall, in the case of a parent who is a participant or 
beneficiary in the plan or coverage--
            ``(1) provide coverage to a newborn of such parent for a 
        30-day period after the date of the birth of such newborn for 
        any service for which coverage is otherwise provided under such 
        plan or coverage;
            ``(2) provide for a special enrollment period to enroll 
        such newborn in the plan or coverage during at least the 60-day 
        period following the period specified in paragraph (1); and
            ``(3) in the case that such plan or coverage receives a 
        claim for items and services furnished to such newborn of such 
        participant or beneficiary and such newborn is not enrolled 
        under such plan or coverage, provide immediate notification to 
        the participant or beneficiary that such newborn is not so 
        enrolled.''; and
            (4) in subsection (g)(1), as redesignated by paragraph (1), 
        by inserting ``(other than subsection (d))'' after ``this 
        section''.
    (b) ERISA Amendments.--Section 711 of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1185) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``(or, in the 
                case of subsection (d), the parent or newborn child of 
                such parent)'' after ``mother or her newborn child''; 
                and
                    (B) in paragraph (2), by inserting ``(or, in the 
                case of subsection (d), parents)'' after each 
                occurrence of ``mothers'';
            (3) by inserting after subsection (c) the following:
    ``(d) Newborn Coverage.--A group health plan, and a health 
insurance issuer offering group health insurance coverage, shall, in 
the case of a parent who is a participant or beneficiary in the plan or 
coverage--
            ``(1) provide coverage to a newborn of such parent for a 
        30-day period after the date of the birth of such newborn for 
        any service for which coverage is otherwise provided under such 
        plan or coverage;
            ``(2) provide for a special enrollment period to enroll 
        such newborn in the plan or coverage during at least the 60-day 
        period following the period specified in paragraph (1); and
            ``(3) in the case that such plan or coverage receives a 
        claim for items and services furnished to such newborn of such 
        participant or beneficiary and such newborn is not enrolled 
        under such plan or coverage, provide immediate notification to 
        the participant or beneficiary that such newborn is not so 
        enrolled.''; and
            (4) in subsection (g)(1), as redesignated by paragraph (1), 
        by inserting ``(other than subsection (d))'' after ``this 
        section''.
    (c) IRC Amendments.--Section 9811 of the Internal Revenue Code of 
1986 is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``(or, in the 
                case of subsection (d), the parent or newborn child of 
                such parent)'' after ``mother or her newborn child''; 
                and
                    (B) in paragraph (2), by inserting ``(or, in the 
                case of subsection (d), parents)'' after each 
                occurrence of ``mothers'';
            (3) by inserting after subsection (c) the following:
    ``(d) Newborn Coverage.--A group health plan shall, in the case of 
a parent who is a participant or beneficiary in the plan--
            ``(1) provide coverage to a newborn of such parent for a 
        30-day period after the date of the birth of such newborn for 
        any service for which coverage is otherwise provided under such 
        plan;
            ``(2) provide for a special enrollment period to enroll 
        such newborn in the plan during at least the 60-day period 
        following the period specified in paragraph (1); and
            ``(3) in the case that such plan receives a claim for items 
        and services furnished to such newborn of such participant or 
        beneficiary and such newborn is not enrolled under such plan, 
        provide immediate notification to the participant or 
        beneficiary that such newborn is not so enrolled.''; and
            (4) in the matter preceding paragraph (1) of subsection 
        (f), as redesignated by paragraph (1), by inserting ``(other 
        than subsection (d))'' after ``this section''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after the date of the 
enactment of this Act.
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