I 
118TH CONGRESS 
1ST SESSION H. R. 3387 
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 
MAY 16, 2023 
Ms. PORTER (for herself, Mrs. HINSON, Mr. NADLER, Mrs. GONZA´LEZ- 
COLO´N, Ms. BARRAGA´N, 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 the Workforce, 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 Re-
tirement Income Security Act of 1974, and the Internal 
Revenue Code of 1986 to provide for certain health cov-
erage of newborns. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Surprise Bills for 
New Moms Act’’. 
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SEC. 2. PROVIDING FOR CERTAIN HEALTH COVERAGE OF 
NEWBORNS. 
(a) PHSA AMENDMENTS.—Section 2725 of the Pub-
lic Health Service Act (42 U.S.C. 300gg–25) is amend-
ed— 
(1) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘(or, in 
the case of subsection (d), the parent or new-
born child of such parent)’’ after ‘‘mother or 
her newborn child’’; and 
(B) in paragraph (2), by inserting ‘‘(or, in 
the case of subsection (d), parents)’’ after each 
occurrence of ‘‘mothers’’; 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) NEWBORN COVERAGE.—A group health plan, 
and a health insurance issuer offering group or individual 
health insurance coverage, shall, in the case of a parent 
who is a participant or beneficiary in the plan or cov-
erage— 
‘‘(1) provide coverage to a newborn of such par-
ent for a 30-day period after the date of the birth 
of such newborn for any service for which coverage 
is otherwise provided under such plan or coverage; 
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‘‘(2) provide for a special enrollment period to 
enroll such newborn in the plan or coverage during 
at least the 60-day period following the period speci-
fied in paragraph (1); and 
‘‘(3) in the case that such plan or coverage re-
ceives a claim for items and services furnished to 
such newborn of such participant or beneficiary and 
such newborn is not enrolled under such plan or cov-
erage, provide immediate notification to the partici-
pant or beneficiary that such newborn is not so en-
rolled.’’; and 
(4) in subsection (g)(1), as redesignated by 
paragraph (1), by inserting ‘‘(other than subsection 
(d))’’ after ‘‘this section’’. 
(b) ERISA AMENDMENTS.—Section 711 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1185) is amended— 
(1) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘(or, in 
the case of subsection (d), the parent or new-
born child of such parent)’’ after ‘‘mother or 
her newborn child’’; and 
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(B) in paragraph (2), by inserting ‘‘(or, in 
the case of subsection (d), parents)’’ after each 
occurrence of ‘‘mothers’’; 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) NEWBORN COVERAGE.—A group health plan, 
and a health insurance issuer offering group health insur-
ance coverage, shall, in the case of a parent who is a par-
ticipant or beneficiary in the plan or coverage— 
‘‘(1) provide coverage to a newborn of such par-
ent for a 30-day period after the date of the birth 
of such newborn for any service for which coverage 
is otherwise provided under such plan or coverage; 
‘‘(2) provide for a special enrollment period to 
enroll such newborn in the plan or coverage during 
at least the 60-day period following the period speci-
fied in paragraph (1); and 
‘‘(3) in the case that such plan or coverage re-
ceives a claim for items and services furnished to 
such newborn of such participant or beneficiary and 
such newborn is not enrolled under such plan or cov-
erage, provide immediate notification to the partici-
pant or beneficiary that such newborn is not so en-
rolled.’’; and 
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‘‘(2) provide for a special enrollment period to 
enroll such newborn in the plan during at least the 
60-day period following the period specified in para-
graph (1); and 
‘‘(3) in the case that such plan receives a claim 
for items and services furnished to such newborn of 
such participant or beneficiary and such newborn is 
not enrolled under such plan, provide immediate no-
tification to the participant or beneficiary that such 
newborn is not so enrolled.’’; and 
(4) in the matter preceding paragraph (1) of 
subsection (f), as redesignated by paragraph (1), by 
inserting ‘‘(other than subsection (d))’’ after ‘‘this 
section’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to plan years begin-
ning on or after the date of the enactment of this Act. 
Æ 
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