I 

118TH CONGRESS 

2D SESSION H. R. 8465 

To amend title XXVII of the Public Health Service Act to increase health 

insurance access for individuals placing their newborns for adoption. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2024 

Ms. VAN DUYNE 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 for adoption. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Caring for Mothers 

5 Act of 2024’’. 

6 SEC. 2. INCREASING HEALTH INSURANCE ACCESS FOR IN7 DIVIDUALS PLACING THEIR NEWBORNS FOR 

8 ADOPTION. 

9 (a) IN GENERAL.—Subpart II of part A of title 

10 XXVII of the Public Health Service Act (42 U.S.C. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8465 IH

1 300gg–11 et seq.) is amended by adding at the end the 

2 following new section: 

3 ‘‘SEC. 2730. AVAILABILITY OF COVERAGE FOR INDIVIDUALS 

4 PLACING THEIR NEWBORNS FOR ADOPTION. 

5 ‘‘(a) IN GENERAL.—In the case of an individual en6 rolled in a group health plan or group or individual health 

7 insurance coverage who intends to adopt (or has already 

8 adopted) a child of a qualifying individual and who sub9 mits to such plan or coverage (as applicable) a request 

10 described in subsection (b) with respect to such qualifying 

11 individual, such plan or coverage shall enroll such quali12 fying individual under such plan or coverage and provide 

13 benefits under such plan or coverage in accordance with 

14 subsection (c). 

15 ‘‘(b) REQUEST.—For purposes of subsection (a), a 

16 request described in this subsection is a request submitted 

17 to a group health plan or group or individual health insur18 ance coverage by an individual who is enrolled in such plan 

19 or coverage who intends to adopt (or has already adopted) 

20 a biological child of a qualifying individual that— 

21 ‘‘(1) requests that such qualifying individual re22 ceive benefits under such plan or coverage in accord23 ance with subsection (c); 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8465 IH

1 ‘‘(2) contains an attestation that such indi2 vidual intends to adopt (or already has adopted) 

3 such child; 

4 ‘‘(3) in the case such child has not been so 

5 adopted at the time of the submission of such re6 quest, contains an attestation from such qualifying 

7 individual that such qualifying individual intends to 

8 have such individual adopt such child; and 

9 ‘‘(4) is signed by such individual and such 

10 qualifying individual. 

11 ‘‘(c) COVERAGE.— 

12 ‘‘(1) SCOPE.—Notwithstanding any other provi13 sions of law, benefits provided under a group health 

14 plan or group or individual health insurance cov15 erage to a qualifying individual enrolled pursuant to 

16 a request described in subsection (b) shall consist 

17 only of— 

18 ‘‘(A) pregnancy-related and postpartum 

19 care; and 

20 ‘‘(B) mental health and substance use dis21 order services. 

22 ‘‘(2) COVERAGE PERIOD.—Coverage provided 

23 under a group health plan or group or individual 

24 health insurance coverage to a qualifying individual 

25 pursuant to a request described in subsection (b) 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 8465 IH

1 shall begin on the first day of the first month begin2 ning after the date such plan or coverage receives 

3 such request and shall end on the earliest of the fol4 lowing: 

5 ‘‘(A) The date the individual who sub6 mitted such request notifies such plan or cov7 erage of such individual’s intent to terminate 

8 such coverage. 

9 ‘‘(B) The date on which coverage of such 

10 individual under such plan or group or indi11 vidual health insurance coverage is terminated. 

12 ‘‘(C) The date such qualifying individual 

13 notifies such plan or coverage of such qualifying 

14 individual’s intent to terminate such coverage. 

15 ‘‘(D) The date that is 1 year after the date 

16 of the birth of the child that is the subject of 

17 the adoption described in subsection (a). 

18 ‘‘(d) CLARIFICATION ON SCOPE OF REQUIREMENT.— 

19 The requirement on a group health plan or group or indi20 vidual health insurance coverage under subsection (a) to 

21 provide benefits to a qualifying individual pursuant to a 

22 request described in subsection (b) shall apply only with 

23 respect to benefits described in subsection (c)(1) furnished 

24 with respect to the pregnancy that is the subject of the 

25 adoption described in subsection (b). 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 8465 IH

1 ‘‘(e) QUALIFYING INDIVIDUAL DEFINED.—In this 

2 section, the term ‘qualifying individual’ means an indi3 vidual who— 

4 ‘‘(1) is pregnant or who has given birth in the 

5 last 6 months; and 

6 ‘‘(2) is a citizen or national of the United 

7 States or an alien lawfully present in the United 

8 States. 

9 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to— 

11 ‘‘(1) require a qualifying individual who enrolls 

12 in a group health plan or group or individual health 

13 insurance coverage pursuant to this section, or an 

14 individual who requests enrollment of such quali15 fying individual in such plan or coverage, to effec16 tuate any adoption; or 

17 ‘‘(2) allow for the imposition of any penalty on 

18 such a qualifying individual or individual requesting 

19 such enrollment if such an adoption is not effec20 tuated.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply with respect to plan years begin23 ning on or after January 1, 2025. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS