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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1916 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 1916

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2022

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT

 
To provide health insurance benefits for outpatient and inpatient items 
  and services related to the diagnosis and treatment of a congenital 
                        anomaly or birth defect.

    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 ``Ensuring Lasting Smiles Act''.

SEC. 2. COVERAGE OF CONGENITAL ANOMALY OR BIRTH DEFECT.

    (a) Public Health Service Act Amendments.--Part D of title XXVII of 
the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) is amended 
by adding at the end the following new section:

``SEC. 2799A-11. STANDARDS RELATING TO BENEFITS FOR CONGENITAL ANOMALY 
              OR BIRTH DEFECT.

    ``(a) Requirements for Care and Reconstructive Treatment.--
            ``(1) In general.--A group health plan, and a health 
        insurance issuer offering group or individual health insurance 
        coverage, shall provide coverage for outpatient and inpatient 
        items and services related to the diagnosis and treatment of a 
        congenital anomaly or birth defect.
            ``(2) Requirements.--
                    ``(A) In general.--Coverage provided under 
                paragraph (1) shall include any medically necessary 
                item or service to functionally improve, repair, or 
                restore any body part to achieve normal body 
                functioning or appearance, as determined by the 
                treating physician (as defined in section 1861(r) of 
                the Social Security Act), due to congenital anomaly or 
                birth defect.
                    ``(B) Financial requirements and treatment 
                requirements.--Any coverage provided under paragraph 
                (1) under a group health plan or individual or group 
                health insurance coverage offered by a health insurance 
                issuer may be subject to coverage limits (such as 
                medical necessity, pre-authorization, or pre-
                certification) and cost-sharing requirements (such as 
                coinsurance, copayments, and deductibles), as required 
                by the plan or issuer, that are no more restrictive 
                than the predominant coverage limits and cost-sharing 
                requirements, respectively, applied to substantially 
                all medical and surgical benefits covered by the plan 
                (or coverage).
            ``(3) Treatment defined.--In this section:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `treatment' includes, with 
                respect to a group health plan or group or individual 
                health insurance coverage offered by a health insurance 
                issuer, inpatient and outpatient items and services 
                performed to improve, repair, or restore bodily 
                function (or performed to approximate a normal 
                appearance), due to a congenital anomaly or birth 
                defect, and includes treatment to any and all missing 
                or abnormal body parts (including teeth, the oral 
                cavity, and their associated structures) that would 
                otherwise be provided under the plan or coverage for 
                any other injury or sickness, including--
                            ``(i) any items or services, including 
                        inpatient and outpatient care, reconstructive 
                        services and procedures, and complications 
                        thereof;
                            ``(ii) adjunctive dental, orthodontic, or 
                        prosthodontic support from birth until the 
                        medical or surgical treatment of the defect or 
                        anomaly has been completed, including ongoing 
                        or subsequent treatment required to maintain 
                        function or approximate a normal appearance;
                            ``(iii) procedures that materially improve, 
                        repair, or restore bodily function; and
                            ``(iv) procedures for secondary conditions 
                        and follow-up treatment associated with the 
                        underlying congenital anomaly or birth defect.
                    ``(B) Exception.--The term `treatment' shall not 
                include cosmetic surgery performed to reshape normal 
                structures of the body to improve appearance or self-
                esteem.
    ``(b) Notice.--Not later than one year after the date of the 
enactment of this section and annually thereafter, a group health plan, 
and a health insurance issuer offering group or individual health 
insurance coverage, shall, in accordance with regulations or guidance 
issued by the Secretary, provide to each enrollee under such plan or 
coverage a written description of the terms of this section. Such 
description shall be in language which is understandable to the typical 
enrollee.''.
    (b) ERISA Amendments.--
            (1) In general.--Subpart B of part 7 of subtitle B of title 
        I of the Employee Retirement Income Security Act of 1974 is 
        amended by adding at the end the following:

``SEC. 726. STANDARDS RELATING TO BENEFITS FOR CONGENITAL ANOMALY OR 
              BIRTH DEFECT.

    ``(a) Requirements for Care and Reconstructive Treatment.--
            ``(1) In general.--A group health plan, and a health 
        insurance issuer offering group health insurance coverage, 
        shall provide coverage for outpatient and inpatient items and 
        services related to the diagnosis and treatment of a congenital 
        anomaly or birth defect.
            ``(2) Requirements.--
                    ``(A) In general.--Coverage provided under 
                paragraph (1) shall include any medically necessary 
                item or service to functionally improve, repair, or 
                restore any body part to achieve normal body 
                functioning or appearance, as determined by the 
                treating physician (as defined in section 1861(r) of 
                the Social Security Act), due to congenital anomaly or 
                birth defect.
                    ``(B) Financial requirements and treatment 
                requirements.--Any coverage provided under paragraph 
                (1) under a group health plan or group health insurance 
                coverage offered by a health insurance issuer may be 
                subject to coverage limits (such as medical necessity, 
                pre-authorization, or pre-certification) and cost-
                sharing requirements (such as coinsurance, copayments, 
                and deductibles), as required by the plan or issuer, 
                that are no more restrictive than the predominant 
                coverage limits and cost-sharing requirements, 
                respectively, applied to substantially all medical and 
                surgical benefits covered by the plan (or coverage).
            ``(3) Treatment defined.--In this section:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `treatment' includes, with 
                respect to a group health plan or group health 
                insurance coverage offered by a health insurance 
                issuer, inpatient and outpatient items and services 
                performed to improve, repair, or restore bodily 
                function (or performed to approximate a normal 
                appearance), due to a congenital anomaly or birth 
                defect, and includes treatment to any and all missing 
                or abnormal body parts (including teeth, the oral 
                cavity, and their associated structures) that would 
                otherwise be provided under the plan or coverage for 
                any other injury or sickness, including--
                            ``(i) any items or services, including 
                        inpatient and outpatient care, reconstructive 
                        services and procedures, and complications 
                        thereof;
                            ``(ii) adjunctive dental, orthodontic, or 
                        prosthodontic support from birth until the 
                        medical or surgical treatment of the defect or 
                        anomaly has been completed, including ongoing 
                        or subsequent treatment required to maintain 
                        function or approximate a normal appearance;
                            ``(iii) procedures that materially improve, 
                        repair, or restore bodily function; and
                            ``(iv) procedures for secondary conditions 
                        and follow-up treatment associated with the 
                        underlying congenital anomaly or birth defect.
                    ``(B) Exception.--The term `treatment' shall not 
                include cosmetic surgery performed to reshape normal 
                structures of the body to improve appearance or self-
                esteem.
    ``(b) Notice.--Not later than one year after the date of the 
enactment of this section and annually thereafter, a group health plan, 
and a health insurance issuer offering group health insurance coverage, 
shall, in accordance with regulations or guidance issued by the 
Secretary, provide to each participant or beneficiary under such plan 
or coverage a written description of the terms of this section. Such 
description shall be in language which is understandable to the typical 
participant or beneficiary.''.
            (2) Technical amendment.--The table of contents in section 
        1 of such Act is amended by inserting after the item relating 
        to section 725 the following new item:

``Sec. 726. Standards relating to benefits for congential anomaly or 
                            birth defect.''.
    (c) Internal Revenue Code Amendments.--
            (1) In general.--Subchapter B of chapter 100 of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following:

``SEC. 9826. STANDARDS RELATING TO BENEFITS FOR CONGENITAL ANOMALY OR 
              BIRTH DEFECT.

    ``(a) Requirements for Care and Reconstructive Treatment.--
            ``(1) In general.--A group health plan shall provide 
        coverage for outpatient and inpatient items and services 
        related to the diagnosis and treatment of a congenital anomaly 
        or birth defect.
            ``(2) Requirements.--
                    ``(A) In general.--Coverage provided under 
                paragraph (1) shall include any medically necessary 
                item or service to functionally improve, repair, or 
                restore any body part to achieve normal body 
                functioning or appearance, as determined by the 
                treating physician (as defined in section 1861(r) of 
                the Social Security Act), due to congenital anomaly or 
                birth defect.
                    ``(B) Financial requirements and treatment 
                requirements.--Any coverage provided under paragraph 
                (1) under a group health plan may be subject to 
                coverage limits (such as medical necessity, pre-
                authorization, or pre-certification) and cost-sharing 
                requirements (such as coinsurance, copayments, and 
                deductibles), as required by the plan, that are no more 
                restrictive than the predominant coverage limits and 
                cost-sharing requirements, respectively, applied to 
                substantially all medical and surgical benefits covered 
                by the plan.
            ``(3) Treatment defined.--In this section:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `treatment' includes, with 
                respect to a group health plan, inpatient and 
                outpatient items and services performed to improve, 
                repair, or restore bodily function (or performed to 
                approximate a normal appearance), due to a congenital 
                anomaly or birth defect, and includes treatment to any 
                and all missing or abnormal body parts (including 
                teeth, the oral cavity, and their associated 
                structures) that would otherwise be provided under the 
                plan for any other injury or sickness, including--
                            ``(i) any items or services, including 
                        inpatient and outpatient care, reconstructive 
                        services and procedures, and complications 
                        thereof;
                            ``(ii) adjunctive dental, orthodontic, or 
                        prosthodontic support from birth until the 
                        medical or surgical treatment of the defect or 
                        anomaly has been completed, including ongoing 
                        or subsequent treatment required to maintain 
                        function or approximate a normal appearance;
                            ``(iii) procedures that materially improve, 
                        repair, or restore bodily function; and
                            ``(iv) procedures for secondary conditions 
                        and follow-up treatment associated with the 
                        underlying congenital anomaly or birth defect.
                    ``(B) Exception.--The term `treatment' shall not 
                include cosmetic surgery performed to reshape normal 
                structures of the body to improve appearance or self-
                esteem.
    ``(b) Notice.--Not later than one year after the date of the 
enactment of this section and annually thereafter, a group health plan 
shall, in accordance with regulations or guidance issued by the 
Secretary, provide to each enrollee under such plan a written 
description of the terms of this section. Such description shall be in 
language which is understandable to the typical enrollee.''.
            (2) Clerical amendment.--The table of sections for such 
        subchapter is amended by adding at the end the following new 
        item:

``Sec. 9826. Standards relating to benefits for congenital anomaly or 
                            birth defect.''.
    (d) Rule of Construction.--A group health plan or health insurance 
issuer shall provide the benefits described in section 2799A-11 of the 
Public Health Service Act (as added by subsection (a)), section 726 of 
the Employee Retirement Income Security Act of 1974 (as added by 
subsection (b)), and section 9826 of the Internal Revenue Code of 1986 
(as added by subsection (c)) under the terms of such plan or health 
insurance coverage offered by such issuer.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 2024.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives April 4, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```