I 

117TH CONGRESS 

1ST SESSION H. R. 2054 

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 

MARCH 18, 2021 

Ms. PORTER (for herself, Ms. HERRERA BEUTLER, Mr. NADLER, Mr. KATKO, 

Mr. TRONE, Mr. COLE, Mr. MORELLE, Mr. FITZPATRICK, Mr. LAWSON

of Florida, Mr. TAYLOR, Mrs. KIRKPATRICK, Miss GONZA ́LEZ-COLO ́N, 

Ms. BARRAGA ́N, Mrs. HINSON, Ms. SCANLON, Mr. HASTINGS, Mr. 

DEUTCH, Mr. GRIJALVA, Ms. JACKSON LEE, Ms. ROYBAL-ALLARD, Ms. 

UNDERWOOD, Mr. COHEN, Mr. RYAN, and Ms. STRICKLAND) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committees on Ways and Means, and 

Education and Labor, 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘No Surprise Bills for 

3 New Moms Act’’. 

4 SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF 

5 NEWBORNS. 

6 (a) PHSA AMENDMENTS.—Section 2725 of the Pub7 lic Health Service Act (42 U.S.C. 300gg–25) is amend8 ed— 

9 (1) by redesignating subsections (d) through (f) 

10 as subsections (e) through (g), respectively; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by inserting ‘‘(or, in 

13 the case of subsection (d), the parent or new14 born child of such parent)’’ after ‘‘mother or 

15 her newborn child’’; and 

16 (B) in paragraph (2), by inserting ‘‘(or, in 

17 the case of subsection (d), parents)’’ after each 

18 occurrence of ‘‘mothers’’; 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) NEWBORN COVERAGE.—A group health plan, 

22 and a health insurance issuer offering group or individual 

23 health insurance coverage, shall, in the case of a parent 

24 who is a participant or beneficiary in the plan or cov25 erage— 


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1 ‘‘(1) provide coverage to a newborn of such par2 ent for a 30-day period after the date of the birth 

3 of such newborn for any service for which coverage 

4 is otherwise provided under such plan or coverage; 

5 ‘‘(2) provide for a special enrollment period to 

6 enroll such newborn in the plan or coverage during 

7 at least the 60-day period following the period speci8 fied in paragraph (1); and 

9 ‘‘(3) in the case that such plan or coverage re10 ceives a claim for items and services furnished to 

11 such newborn of such participant or beneficiary and 

12 such newborn is not enrolled under such plan or cov13 erage, provide immediate notification to the partici14 pant or beneficiary that such newborn is not so en15 rolled.’’; and 

16 (4) in subsection (g)(1), as redesignated by 

17 paragraph (1), by inserting ‘‘(other than subsection 

18 (d))’’ after ‘‘this section’’. 

19 (b) ERISA AMENDMENTS.—Section 711 of the Em20 ployee Retirement Income Security Act of 1974 (29 

21 U.S.C. 1185) is amended— 

22 (1) by redesignating subsections (d) through (f) 

23 as subsections (e) through (g), respectively; and 

24 (2) in subsection (b)— 


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1 (A) in paragraph (1), by inserting ‘‘(or, in 

2 the case of subsection (d), the parent or new3 born child of such parent)’’ after ‘‘mother or 

4 her newborn child’’; and 

5 (B) in paragraph (2), by inserting ‘‘(or, in 

6 the case of subsection (d), parents)’’ after each 

7 occurrence of ‘‘mothers’’; 

8 (3) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) NEWBORN COVERAGE.—A group health plan, 

11 and a health insurance issuer offering group health insur12 ance coverage, shall, in the case of a parent who is a par13 ticipant or beneficiary in the plan or coverage— 

14 ‘‘(1) provide coverage to a newborn of such par15 ent for a 30-day period after the date of the birth 

16 of such newborn for any service for which coverage 

17 is otherwise provided under such plan or coverage; 

18 ‘‘(2) provide for a special enrollment period to 

19 enroll such newborn in the plan or coverage during 

20 at least the 60-day period following the period speci21 fied in paragraph (1); and 

22 ‘‘(3) in the case that such plan or coverage re23 ceives a claim for items and services furnished to 

24 such newborn of such participant or beneficiary and 

25 such newborn is not enrolled under such plan or covVerDate Sep 11 2014 01:55 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054

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1 erage, provide immediate notification to the partici2 pant or beneficiary that such newborn is not so en3 rolled.’’; and 

4 (4) in subsection (g)(1), as redesignated by 

5 paragraph (1), by inserting ‘‘(other than subsection 

6 (d))’’ after ‘‘this section’’. 

7 (c) IRC AMENDMENTS.—Section 9811 of the Inter8 nal Revenue Code of 1986 is amended— 

9 (1) by redesignating subsections (d) and (e) as 

10 subsections (e) and (f), respectively; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by inserting ‘‘(or, in 

13 the case of subsection (d), the parent or new14 born child of such parent)’’ after ‘‘mother or 

15 her newborn child’’; and 

16 (B) in paragraph (2), by inserting ‘‘(or, in 

17 the case of subsection (d), parents)’’ after each 

18 occurrence of ‘‘mothers’’; 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) NEWBORN COVERAGE.—A group health plan 

22 shall, in the case of a parent who is a participant or bene23 ficiary in the plan— 

24 ‘‘(1) provide coverage to a newborn of such par25 ent for a 30-day period after the date of the birth 


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1 of such newborn for any service for which coverage 

2 is otherwise provided under such plan; 

3 ‘‘(2) provide for a special enrollment period to 

4 enroll such newborn in the plan during at least the 

5 60-day period following the period specified in para6 graph (1); and 

7 ‘‘(3) in the case that such plan receives a claim 

8 for items and services furnished to such newborn of 

9 such participant or beneficiary and such newborn is 

10 not enrolled under such plan, provide immediate no11 tification to the participant or beneficiary that such 

12 newborn is not so enrolled.’’; and 

13 (4) in subsection (f)(1), as redesignated by 

14 paragraph (1), by inserting ‘‘(other than subsection 

15 (d))’’ after ‘‘this section’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply with respect to plan years begin18 ning on or after the date of the enactment of this Act. 

Æ 


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