I 

118TH CONGRESS 

2D SESSION H. R. 8390 

To amend the Public Health Service Act, the Employee Retirement Income 

Security Act of 1974, and the Internal Revenue Code of 1986 to require 

that group health plans and health insurance issuers offering group 

or individual health insurance that provide coverage for mental health 

services and substance use disorder services provide such services without 

the imposition of cost-sharing from the diagnosis of pregnancy through 

the 1-year period following such pregnancy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2024 

Ms. MOORE of Wisconsin (for herself, Ms. KUSTER, Mrs. MCBATH, Ms. 

TOKUDA, Ms. NORTON, Mr. GOTTHEIMER, Mrs. HAYES, Ms. JACKSON

LEE, Ms. MCCOLLUM, Mrs. WATSON COLEMAN, Ms. DELBENE, Mr. 

MFUME, Ms. TITUS, Mr. POCAN, Mr. TORRES of New York, Ms. TLAIB, 

Ms. CRAIG, Ms. PORTER, Mrs. DINGELL, Ms. BUSH, and Mr. 

THANEDAR) 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, Ways and Means, and Oversight and Accountability, 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 require that group health plans 

and health insurance issuers offering group or individual 

health insurance that provide coverage for mental health 

services and substance use disorder services provide such 

services without the imposition of cost-sharing from the 


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diagnosis of pregnancy through the 1-year period following such pregnancy, and for other purposes. 

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 ‘‘Mental Health and 

5 Making Access More Affordable Act of 2024’’ or the 

6 ‘‘Mental Health and MAMA Act of 2024’’. 

7 SEC. 2. COST SHARING WITH RESPECT TO MENTAL HEALTH 

8 SERVICES AND SUBSTANCE USE DISORDER 

9 SERVICES FOR PREGNANT AND POSTPARTUM 

10 INDIVIDUALS. 

11 (a) PHSA.— 

12 (1) IN GENERAL.—Part D of title XXVII of the 

13 Public Health Service Act (42 U.S.C. 300gg–111 et 

14 seq.) is amended by adding at the end the following 

15 new section: 

16 ‘‘SEC. 2799A–11. COST SHARING REQUIREMENTS WITH RE17 SPECT TO MENTAL HEALTH SERVICES AND 

18 SUBSTANCE USE DISORDER SERVICES FOR 

19 PREGNANT AND POSTPARTUM INDIVIDUALS. 

20 ‘‘(a) IN GENERAL.—In the case of a group health 

21 plan or a health insurance issuer offering group or indi22 vidual health insurance coverage that provides a benefit 

23 for mental health services or substance use disorder serv24 ices (including such services which are telehealth services 


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1 and are provided under such plan or coverage) with re2 spect to plan years beginning on or after the date that 

3 is 2 years after the date of enactment of this section, the 

4 plan or coverage shall not impose any cost sharing require5 ment for such services that are furnished by an in-network 

6 provider to a participant, beneficiary, or enrollee under the 

7 plan or coverage from the diagnosis of pregnancy (as de8 fined by the Secretary) through the 1-year period begin9 ning on the day after the last day of such pregnancy of 

10 such participant, beneficiary, or enrollee (or, in the case 

11 of an individual enrolled in such plan or coverage for a 

12 portion of such period, during such portion). 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) The terms ‘mental health services’ and 

15 ‘substance use disorder services’ have the meaning 

16 given such terms for purposes of section 2726. 

17 ‘‘(2) The term ‘telehealth service’ means a serv18 ice that is furnished through telehealth technologies 

19 (as defined in section 330I(a)).’’. 

20 (2) CONTINUITY OF CARE.—Section 2799A–3 

21 of the Public Health Service Act (42 U.S.C. 300gg– 

22 113) is amended— 

23 (A) in subsection (a)(2)(C), by inserting ‘‘, 

24 in the case of a continuing care patient de25 scribed in subsection (b)(1)(D)(ii), the date on 


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1 which such individual is no longer such a con2 tinuing care patient with respect to such pro3 vider or facility, or in the case of a continuing 

4 care patient described in subsection (b)(1) other 

5 than in subparagraph (D)(ii) of such sub6 section,’’ after ‘‘is provided and ending on’’; 

7 and 

8 (B) by amending subsection (b)(1)(D) to 

9 read as follows: 

10 ‘‘(D)(i) is pregnant and undergoing a 

11 course of treatment for the pregnancy from the 

12 provider or facility; or 

13 ‘‘(ii)(I) requires mental health services 

14 or substance use disorder services from a 

15 provider or facility following a pregnancy; 

16 ‘‘(II) received a course of treat17 ment from such provider or facility 

18 while pregnant; and 

19 ‘‘(III) the last day of such preg20 nancy occurred during the previous 1- 

21 year period; or’’. 

22 (b) ERISA.— 

23 (1) IN GENERAL.—Subpart B of part 7 of sub24 title B of title I of the Employee Retirement Income 


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1 Security Act of 1974 is amended by adding at the 

2 end the following new section: 

3 ‘‘SEC. 726. COST SHARING REQUIREMENTS WITH RESPECT 

4 TO MENTAL HEALTH SERVICES AND SUB5 STANCE USE DISORDER SERVICES FOR PREG6 NANT AND POSTPARTUM INDIVIDUALS. 

7 ‘‘(a) IN GENERAL.—In the case of a group health 

8 plan or a health insurance issuer offering group health in9 surance coverage that provides a benefit for mental health 

10 services or substance use disorder services (including such 

11 services which are telehealth services and are provided 

12 under such plan or coverage) with respect to plan years 

13 beginning on or after the date that is 2 years after the 

14 date of enactment of this section, the plan or coverage 

15 shall not impose any cost sharing requirement for such 

16 services that are furnished by an in-network provider to 

17 a participant or beneficiary under the plan or coverage 

18 from the diagnosis of pregnancy (as defined by the Sec19 retary) through the 1-year period beginning on the day 

20 after the last day of such pregnancy of such participant 

21 or beneficiary (or, in the case of an individual enrolled in 

22 such plan or coverage for a portion of such period, during 

23 such portion). 

24 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) The terms ‘mental health services’ and 

2 ‘substance use disorder services’ have the meaning 

3 given such terms for purposes of section 712. 

4 ‘‘(2) The term ‘telehealth service’ means a serv5 ice that is furnished through telehealth technologies 

6 (as defined in section 330I(a) of the Public Health 

7 Service Act).’’. 

8 (2) CONTINUITY OF CARE.—Section 718 of the 

9 Employee Retirement Income Security Act of 1974 

10 (29 U.S.C. 1185g) is amended— 

11 (A) in subsection (a)(2)(C), by inserting ‘‘, 

12 in the case of a continuing care patient de13 scribed in subsection (b)(1)(D)(ii), the date on 

14 which such individual is no longer such a con15 tinuing care patient with respect to such pro16 vider or facility, or in the case of a continuing 

17 care patient described in subsection (b)(1) other 

18 than in subparagraph (D)(ii) of such sub19 section,’’ after ‘‘is provided and ending on’’; 

20 and 

21 (B) by amending subsection (b)(1)(D) to 

22 read as follows: 

23 ‘‘(D)(i) is pregnant and undergoing a 

24 course of treatment for the pregnancy from the 

25 provider or facility; or 


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1 ‘‘(ii)(I) requires mental health services 

2 or substance use disorder services from a 

3 provider or facility following a pregnancy; 

4 ‘‘(II) received a course of treat5 ment from such provider or facility 

6 while pregnant; and 

7 ‘‘(III) the last day of such preg8 nancy occurred during the previous 1- 

9 year period; or’’. 

10 (3) CLERICAL AMENDMENT.—The table of con11 tents in section 1 of the Employee Retirement In12 come Security Act of 1974 (29 U.S.C. 1001 et seq.) 

13 is amended by inserting after the item relating to 

14 section 725 the following new item: 

‘‘Sec. 726. Cost sharing requirements with respect to mental health services 

and substance use disorder services for pregnant and 

postpartum individuals.’’. 

15 (c) IRC.— 

16 (1) IN GENERAL.—Subchapter B of chapter 

17 100 of the Internal Revenue Code of 1986 is amend18 ed by adding at the end the following new section: 

19 ‘‘SEC. 9826. COST SHARING REQUIREMENTS WITH RESPECT 

20 TO MENTAL HEALTH SERVICES AND SUB21 STANCE USE DISORDER SERVICES FOR PREG22 NANT AND POSTPARTUM INDIVIDUALS. 

23 ‘‘(a) IN GENERAL.—In the case of a group health 

24 plan that provides a benefit for mental health services or 


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1 substance use disorder services (including such services 

2 which are telehealth services and are provided under such 

3 plan) with respect to plan years beginning on or after the 

4 date that is 2 years after the date of enactment of this 

5 section, the plan shall not impose any cost sharing require6 ment for such services that are furnished by an in-network 

7 provider to a participant or beneficiary under the plan 

8 from the diagnosis of pregnancy (as defined by the Sec9 retary) through the 1-year period beginning on the day 

10 after the last day of such pregnancy of such participant 

11 or beneficiary (or, in the case of an individual enrolled in 

12 such plan for a portion of such period, during such por13 tion). 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) The terms ‘mental health services’ and 

16 ‘substance use disorder services’ have the meaning 

17 given such terms for purposes of section 9812. 

18 ‘‘(2) The term ‘telehealth service’ means a serv19 ice that is furnished through telehealth technologies 

20 (as defined in section 330I(a) of the Public Health 

21 Service Act).’’. 

22 (2) CONTINUITY OF CARE.—Section 9818 of 

23 the Internal Revenue Code of 1986 is amended— 

24 (A) in subsection (a)(2)(C), by inserting ‘‘, 

25 in the case of a continuing care patient deVerDate Sep 11 2014 06:53 Jun 14, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8390.IH H8390

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1 scribed in subsection (b)(1)(D)(ii), the date on 

2 which such individual is no longer such a con3 tinuing care patient with respect to such pro4 vider or facility, or in the case of a continuing 

5 care patient described in subsection (b)(1) other 

6 than in subparagraph (D)(ii) of such sub7 section,’’ after ‘‘is provided and ending on’’; 

8 and 

9 (B) by amending subsection (b)(1)(D) to 

10 read as follows: 

11 ‘‘(D)(i) is pregnant and undergoing a 

12 course of treatment for the pregnancy from the 

13 provider or facility; or 

14 ‘‘(ii)(I) requires mental health services 

15 or substance use disorder services from a 

16 provider or facility following a pregnancy; 

17 ‘‘(II) received a course of treat18 ment from such provider or facility 

19 while pregnant; and 

20 ‘‘(III) the last day of such preg21 nancy occurred during the previous 1- 

22 year period; or’’. 

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions for subchapter B of chapter 100 of the InterVerDate Sep 11 2014 06:53 Jun 14, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8390.IH H8390

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1 nal Revenue Code of 1986 is amended by adding at 

2 the end the following new item: 

‘‘Sec. 9826. Cost sharing requirements with respect to mental health services 

and substance use disorder services for pregnant and 

postpartum individuals.’’. 

3 (d) FEHBP.— 

4 (1) IN GENERAL.—Section 8902(p) of title 5, 

5 United States Code, is amended— 

6 (A) by striking ‘‘and 2799A–7’’ and insert7 ing ‘‘2799A–7, and 2799A–11’’; 

8 (B) by striking ‘‘and 722’’ and inserting 

9 ‘‘722, and 726’’; and 

10 (C) by striking ‘‘and 9822’’ and inserting 

11 ‘‘9822, and 9826’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by paragraph (1) shall apply with respect to con14 tracts entered into or renewed for contract years be15 ginning on or after the date that is 2 years after the 

16 date of enactment of this section. 

Æ 


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