119-s1834

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1834 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1834

 To prevent cost-sharing requirements for prenatal, childbirth, 
 neonatal, perinatal, or postpartum health care.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 21, 2025

 Mrs. Hyde-Smith (for herself, Mr. Kaine, Mr. Hawley, and Mrs. 
 Gillibrand) introduced the following bill; which was read twice and 
 referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To prevent cost-sharing requirements for prenatal, childbirth, 
 neonatal, perinatal, or postpartum health care.

 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 ``Supporting Healthy Moms and Babies 
Act''.

SEC. 2. ESSENTIAL HEALTH BENEFITS TO INCLUDE PRENATAL, CHILDBIRTH, 
 NEONATAL, PERINATAL, AND POSTPARTUM HEALTH CARE.

    (a) In General.--

Section 1302

    (b) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18022

    (b) ) is amended--

    (1) by redesignating paragraph

    (5) as paragraph

    (6) ; and

    (2) by inserting after paragraph

    (4) the following:
 ``

    (5) Maternity and newborn care requirements.--
 ``
        (A) In general.--The benefits referred to in 
 paragraph

    (1)
            (D) shall include comprehensive prenatal, 
 labor and delivery, neonatal, perinatal, and postpartum 
 care and screenings.
 ``
        (B) Requirement.--At a minimum, the care and 
 screenings described in subparagraph
        (A) shall 
 include--
 ``
            (i) ultrasounds by a licensed provider;
 ``
            (ii) services caring for the individual 
 relating to spontaneous pregnancy loss or 
 spontaneous miscarriage;
 ``
            (iii) delivery services, including 
 services rendered during delivery, such as 
 anesthesiology, fetal monitoring, consultations 
 with specialists, and services relating to 
 postpartum health;
 ``
            (iv) the services required to be covered 
 under 

section 2725 of the Public Health Service 
 Act, 

section 711 of the Employee Retirement 
 Income Security Act of 1974, and 

section 9811 
 of the Internal Revenue Code of 1986;
 ``
            (v) postpartum care services that are not 
 preventive, including behavioral health 
 services, for conditions that may have been 
 exacerbated by pregnancy or conditions as a 
 result of pregnancy, such as diabetes, 
 hypertension, and obesity; and
 ``
            (vi) for legal parents of a new child who 
 do not physically give birth to the child, 
 behavioral health services relating to new 
 parenthood for the 1-year period beginning on 
 the day of the birth of the child.
 ``
            (C) Definition of postpartum.--In this paragraph, 
 the term `postpartum' means the 1-year period beginning 
 immediately after the pregnancy ends.''.

    (b) Application.--The amendment made by subsection

    (a) shall be 
considered as if included in the enactment of the Patient Protection 
and Affordable Care Act (Public Law 111-148).
            (c) Plan Years.--The amendment made by subsection

    (a) shall apply 
with respect to plan years beginning on or after the date of enactment 
of this Act.

SEC. 3. NO COST-SHARING FOR PRENATAL, CHILDBIRTH, NEONATAL, PERINATAL, 
 OR POSTPARTUM HEALTH CARE.

    (a) In General.--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:

``

SEC. 2799A-11. NO COST-SHARING FOR PRENATAL, CHILDBIRTH, NEONATAL, 
 PERINATAL, OR POSTPARTUM HEALTH CARE.

 ``

    (a) In General.--For plan years beginning on or after the date of 
enactment of the Supporting Healthy Moms and Babies Act, a group health 
plan and a health insurance issuer offering group or individual health 
insurance coverage shall provide coverage for the benefits described in 

section 1302

    (b)

    (1)
            (D) of the Patient Protection and Affordable Care 
Act, to the same extent that qualified health plans (as defined in 

section 1301 of such Act) are required to provide coverage for such 
benefits, and shall not impose any cost-sharing requirements for such 
benefits.
 ``

    (b) Definition of Cost-Sharing.--In this section, the term `cost-
sharing' has the meaning given the term in 

section 1302
            (c) (3) of the 
Patient Protection and Affordable Care Act.''.

    (b) ERISA.--

    (1) In general.--Subpart B of part 7 of subtitle B of title 
 I of the Employee Retirement Income Security Act of 1974 (29 
 U.S.C. 1185 et seq.) is amended by adding at the end the 
 following:

``

SEC. 726. NO COST-SHARING FOR PRENATAL, CHILDBIRTH, NEONATAL, 
 PERINATAL, OR POSTPARTUM HEALTH CARE.

 ``

    (a) In General.--For plan years beginning on or after the date of 
enactment of the Supporting Healthy Moms and Babies Act, a group health 
plan and a health insurance issuer offering group health insurance 
coverage shall provide coverage for the benefits described in 

section 1302

    (b)

    (1)
            (D) of the Patient Protection and Affordable Care Act, to the 
same extent that qualified health plans (as defined in 

section 1301 of 
such Act) are required to provide coverage for such benefits, and shall 
not impose any cost-sharing requirements for such benefits.
 ``

    (b) Definition of Cost-Sharing.--In this section, the term `cost-
sharing' has the meaning given the term in 

section 1302
            (c) (3) of the 
Patient Protection and Affordable Care Act.''.

    (2) Clerical amendment.--The table of contents in 

section 1 
 of the Employee Retirement Income Security Act of 1974 (29 
 U.S.C. 1001 et seq.) is amended by inserting after the item 
 relating to 

section 725 the following:

``

Sec. 726. No cost-sharing for prenatal, childbirth, neonatal, 
 perinatal, or postpartum health care.''.
            (c) Internal Revenue Code of 1986.--

    (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. NO COST-SHARING FOR PRENATAL, CHILDBIRTH, NEONATAL, 
 PERINATAL, OR POSTPARTUM HEALTH CARE.

 ``

    (a) In General.--For plan years beginning on or after the date of 
enactment of the Supporting Healthy Moms and Babies Act, a group health 
plan shall provide coverage for the benefits described in 

section 1302

    (b)

    (1)
            (D) of the Patient Protection and Affordable Care Act, to the 
same extent that qualified health plans (as defined in 

section 1301 of 
such Act) are required to provide coverage for such benefits, and shall 
not impose any cost-sharing requirements for such benefits.
 ``

    (b) Definition of Cost-Sharing.--In this section, the term `cost-
sharing' has the meaning given the term in 

section 1302
            (c) (3) of the 
Patient Protection and Affordable Care Act.''.

    (2) Clerical amendment.--The table of sections for 
 subchapter B of chapter 100 of the Internal Revenue Code of 
 1986 is amended by adding at the end the following new item:

``

Sec. 9826. No cost-sharing for prenatal, childbirth, neonatal, 
 perinatal, or postpartum health care.''.
            (d) Application.--This section shall be considered as if included 
in the enactment of the Patient Protection and Affordable Care Act 
(Public Law 111-148).
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