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