I 

116TH CONGRESS 

2D SESSION H. R. 8330 

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 

SEPTEMBER 21, 2020 

Ms. PORTER (for herself, Ms. HERRERA BEUTLER, Mr. WELCH, Mr. COLE, 

Mr. TRONE, Mr. VAN DREW, Mr. CISNEROS, 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 

Labor, 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. 

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 ‘‘No Surprise Bills for 

5 New Moms Act’’. 


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1 SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF 

2 NEWBORNS. 

3 (a) PHSA AMENDMENTS.—Section 2725 of the Pub4 lic Health Service Act (42 U.S.C. 300gg–25) is amend5 ed— 

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

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

8 (2) in subsection (b)— 

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

10 the case of subsection (d), the parent or new11 born child of such parent)’’ after ‘‘mother or 

12 her newborn child’’ and 

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

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

15 occurrence of ‘‘mothers’’; 

16 (3) by inserting after subsection (c) the fol17 lowing: 

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

19 and a health insurance issuer offering group or individual 

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

21 who is a participant or beneficiary in the plan or cov22 erage— 

23 ‘‘(1) provide coverage to a newborn of such par24 ent for a 30-day period after the date of the birth 

25 of such newborn for any service for which coverage 

26 is otherwise provided under such plan or coverage; 


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

2 enroll such newborn in the plan or coverage during 

3 at least the 60-day period following the period speci4 fied in paragraph (1); and 

5 ‘‘(3) in the case that such plan or coverage re6 ceives a claim for items and services furnished to 

7 such newborn of such participant or beneficiary and 

8 such newborn is not enrolled under such plan or cov9 erage, provide immediate notification to the partici10 pant or beneficiary that such newborn is not so en11 rolled.’’; and 

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

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

14 (d))’’ after ‘‘this section’’. 

15 (b) ERISA AMENDMENTS.—Section 711 of the Em16 ployee Retirement Income Security Act of 1974 (29 

17 U.S.C. 1185) is amended— 

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

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

20 (2) in subsection (b)— 

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

22 the case of subsection (d), the parent or new23 born child of such parent)’’ after ‘‘mother or 

24 her newborn child’’ and 


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

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

3 occurrence of ‘‘mothers’’; 

4 (3) by inserting after subsection (c) the fol5 lowing: 

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

7 and a health insurance issuer offering group health insur8 ance coverage, shall, in the case of a parent who is a par9 ticipant or beneficiary in the plan or coverage— 

10 ‘‘(1) provide coverage to a newborn of such par11 ent for a 30-day period after the date of the birth 

12 of such newborn for any service for which coverage 

13 is otherwise provided under such plan or coverage; 

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

15 enroll such newborn in the plan or coverage during 

16 at least the 60-day period following the period speci17 fied in paragraph (1); and 

18 ‘‘(3) in the case that such plan or coverage re19 ceives a claim for items and services furnished to 

20 such newborn of such participant or beneficiary and 

21 such newborn is not enrolled under such plan or cov22 erage, provide immediate notification to the partici23 pant or beneficiary that such newborn is not so en24 rolled.’’; and 


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

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

3 (d))’’ after ‘‘this section’’. 

4 (c) IRC AMENDMENTS.—Section 9811 of the Inter5 nal Revenue Code of 1986 is amended— 

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

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

8 (2) in subsection (b)— 

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

10 the case of subsection (d), the parent or new11 born child of such parent)’’ after ‘‘mother or 

12 her newborn child’’ and 

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

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

15 occurrence of ‘‘mothers’’; 

16 (3) by inserting after subsection (c) the fol17 lowing: 

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

19 shall, in the case of a parent who is a participant or bene20 ficiary in the plan— 

21 ‘‘(1) provide coverage to a newborn of such par22 ent for a 30-day period after the date of the birth 

23 of such newborn for any service for which coverage 

24 is otherwise provided under such plan; 


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

2 enroll such newborn in the plan during at least the 

3 60-day period following the period specified in para4 graph (1); and 

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

6 for items and services furnished to such newborn of 

7 such participant or beneficiary and such newborn is 

8 not enrolled under such plan, provide immediate no9 tification to the participant or beneficiary that such 

10 newborn is not so enrolled.’’; and 

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

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

13 (d))’’ after ‘‘this section’’. 

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

15 this section shall apply with respect to plan years begin16 ning on or after the date of the enactment of this Act. 

Æ 


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