and babies through passage of the Preventing Ma-
ternal Deaths Act of 2018 (Public Law 115–344). 
(5) Access to comprehensive maternity coverage 
allows women to access important pregnancy-related 
care, which is demonstrated to improve health out-
comes for women and newborns and reduce financial 
costs for both consumers and insurers. 
(6) Uninsured women, women with grand-
fathered and transitional health plans, self-funded 
student health plans, and catastrophic and high-de-
ductible health plans may lack access to comprehen-
sive and affordable maternity coverage. 
(7) Employer health plans that exclude depend-
ent daughters from maternity coverage leave young 
women without coverage for their pregnancy, even 
though Federal law has long held that treating preg-
nancy differently than other conditions is sex-based 
discrimination. 
(8) A special enrollment period is especially im-
portant for young adults, who are at high risk for 
unintended pregnancies, yet young adults are fre-
quently enrolled in catastrophic coverage, which 
often has fewer benefits, more restrictions, and high-
er deductibles. 
VerDate Sep 11 2014 
05:57 Jun 29, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3126.IH
H3126
pbinns on DSKJLVW7X2PROD with BILLS
(9) This coverage would be an equalizer for 
communities of color. The maternal mortality rate 
varies drastically by race and ethnicity, and where a 
woman lives. The rising maternal mortality rate in 
the United States is driven predominantly by the 
disproportionately high African-American maternal 
mortality rate, which is four times more than the 
rate for White women. 
(10) According to the Centers for Disease Con-
trol and Prevention, about 700 women die each year 
in the United States from pregnancy-related com-
plications. Black and American Indian/Alaska Native 
women are about three times more likely to die from 
a pregnancy-related cause than White women. 
(11) Data demonstrates that 3 in 5 pregnancy 
related deaths could be prevented. Improving access 
to care is one way to help prevent deaths, regardless 
of race or ethnicity. 
(12) Timely maternity care improves the health 
of pregnant women, as well as birth outcomes and 
the health of babies throughout their lifetimes. Preg-
nancy-related maternal mortality is three to four 
times higher among women who receive no maternity 
care compared to women who do. Regular maternity 
care can detect or mitigate serious pregnancy-related 
VerDate Sep 11 2014 
05:57 Jun 29, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3126.IH
H3126
pbinns on DSKJLVW7X2PROD with BILLS
health complications, including preeclampsia, pla-
cental abruption, complications from diabetes, com-
plications from heart disease, and Graves’ disease, 
all of which can result in morbidity or mortality for 
the mother or newborn. 
(13) The Centers for Disease Control and Pre-
vention reports that more than half of all maternal 
deaths occur at delivery or in the first postpartum 
year, whereas just more than one-third of preg-
nancy-related or pregnancy-associated deaths occur 
while a person is still pregnant. Yet, for women eligi-
ble for the Medicaid program on the basis of preg-
nancy, such Medicaid coverage lapses at the end of 
the month on which the 60th postpartum day lands. 
(14) Timely maternity care and adequate 
postpartum care can reduce short- and long-term 
health care costs. If a woman does not have access 
to affordable maternity care during her pregnancy, 
and she or her newborn experiences pregnancy com-
plications that result in health problems after birth, 
their insurer may end up paying much higher costs 
than if the insurer had covered the woman’s mater-
nity care during her pregnancy. Intensive maternity 
care can reduce hospital and neonatal intensive care 
unit admissions among infants, resulting in cost sav-
VerDate Sep 11 2014 
05:57 Jun 29, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3126.IH
H3126
pbinns on DSKJLVW7X2PROD with BILLS
ings of $1,768 to $5,560 per birth. For women with 
high-risk pregnancies, intensive maternity care saves 
$1.37 for every $1 invested in maternity care. 
(b) PURPOSE.—The purpose of this Act is to protect 
the health of women and newborns by ensuring that all 
women eligible for coverage through the Exchanges estab-
lished under title I of the Patient Protection and Afford-
able Care Act (Public Law 111–148) and women eligible 
for other individual or group health plan coverage can ac-
cess affordable health coverage during their pregnancy. 
SEC. 3. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD 
FOR PREGNANT INDIVIDUALS. 
(a) 
PUBLIC
HEALTH
SERVICE
ACT.—Section 
2702(b)(2) of the Public Health Service Act (42 U.S.C. 
300gg–1(b)(2)) is amended by inserting ‘‘including a spe-
cial enrollment period for pregnant individuals, beginning 
on the date on which the pregnancy is reported to the 
health insurance issuer’’ before the period at the end. 
(b) PATIENT PROTECTION AND AFFORDABLE CARE 
ACT.—Section 1311(c)(6) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18031(c)(6)) is amend-
ed— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
VerDate Sep 11 2014 
05:57 Jun 29, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3126.IH
H3126
pbinns on DSKJLVW7X2PROD with BILLS
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) a special enrollment period for preg-
nant individuals, beginning on the date on 
which the pregnancy is reported to the Ex-
change; and’’. 
(c) SPECIAL ENROLLMENT PERIODS.— 
(1) 
INTERNAL
REVENUE
CODE.—Section 
9801(f) of the Internal Revenue Code of 1986 (26 
U.S.C. 9801(f)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) FOR PREGNANT INDIVIDUALS.— 
‘‘(A) A group health plan shall permit an 
employee who is eligible, but not enrolled, for 
coverage under the terms of the plan (or a de-
pendent of such an employee if the dependent 
is eligible, but not enrolled, for coverage under 
such terms) to enroll for coverage under the 
terms of the plan upon pregnancy, with the spe-
cial enrollment period beginning on the date on 
which the pregnancy is reported to the group 
health plan or the pregnancy is confirmed by a 
health care provider. 
VerDate Sep 11 2014 
05:57 Jun 29, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3126.IH
H3126
pbinns on DSKJLVW7X2PROD with BILLS