[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8465 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8465
To amend title XXVII of the Public Health Service Act to increase
health insurance access for individuals placing their newborns for
adoption.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2024
Ms. Van Duyne introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act to increase
health insurance access for individuals placing their newborns for
adoption.
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 ``Caring for Mothers Act of 2024''.
SEC. 2. INCREASING HEALTH INSURANCE ACCESS FOR INDIVIDUALS PLACING
THEIR NEWBORNS FOR ADOPTION.
(a) In General.--Subpart II of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at
the end the following new section:
``SEC. 2730. AVAILABILITY OF COVERAGE FOR INDIVIDUALS PLACING THEIR
NEWBORNS FOR ADOPTION.
``(a) In General.--In the case of an individual enrolled in a group
health plan or group or individual health insurance coverage who
intends to adopt (or has already adopted) a child of a qualifying
individual and who submits to such plan or coverage (as applicable) a
request described in subsection (b) with respect to such qualifying
individual, such plan or coverage shall enroll such qualifying
individual under such plan or coverage and provide benefits under such
plan or coverage in accordance with subsection (c).
``(b) Request.--For purposes of subsection (a), a request described
in this subsection is a request submitted to a group health plan or
group or individual health insurance coverage by an individual who is
enrolled in such plan or coverage who intends to adopt (or has already
adopted) a biological child of a qualifying individual that--
``(1) requests that such qualifying individual receive
benefits under such plan or coverage in accordance with
subsection (c);
``(2) contains an attestation that such individual intends
to adopt (or already has adopted) such child;
``(3) in the case such child has not been so adopted at the
time of the submission of such request, contains an attestation
from such qualifying individual that such qualifying individual
intends to have such individual adopt such child; and
``(4) is signed by such individual and such qualifying
individual.
``(c) Coverage.--
``(1) Scope.--Notwithstanding any other provisions of law,
benefits provided under a group health plan or group or
individual health insurance coverage to a qualifying individual
enrolled pursuant to a request described in subsection (b)
shall consist only of--
``(A) pregnancy-related and postpartum care; and
``(B) mental health and substance use disorder
services.
``(2) Coverage period.--Coverage provided under a group
health plan or group or individual health insurance coverage to
a qualifying individual pursuant to a request described in
subsection (b) shall begin on the first day of the first month
beginning after the date such plan or coverage receives such
request and shall end on the earliest of the following:
``(A) The date the individual who submitted such
request notifies such plan or coverage of such
individual's intent to terminate such coverage.
``(B) The date on which coverage of such individual
under such plan or group or individual health insurance
coverage is terminated.
``(C) The date such qualifying individual notifies
such plan or coverage of such qualifying individual's
intent to terminate such coverage.
``(D) The date that is 1 year after the date of the
birth of the child that is the subject of the adoption
described in subsection (a).
``(d) Clarification on Scope of Requirement.--The requirement on a
group health plan or group or individual health insurance coverage
under subsection (a) to provide benefits to a qualifying individual
pursuant to a request described in subsection (b) shall apply only with
respect to benefits described in subsection (c)(1) furnished with
respect to the pregnancy that is the subject of the adoption described
in subsection (b).
``(e) Qualifying Individual Defined.--In this section, the term
`qualifying individual' means an individual who--
``(1) is pregnant or who has given birth in the last 6
months; and
``(2) is a citizen or national of the United States or an
alien lawfully present in the United States.
``(f) Rule of Construction.--Nothing in this section may be
construed to--
``(1) require a qualifying individual who enrolls in a
group health plan or group or individual health insurance
coverage pursuant to this section, or an individual who
requests enrollment of such qualifying individual in such plan
or coverage, to effectuate any adoption; or
``(2) allow for the imposition of any penalty on such a
qualifying individual or individual requesting such enrollment
if such an adoption is not effectuated.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to plan years beginning on or after January 1, 2025.
<all>