,,ii #aagth ,,congress #ast ,session ,s4 #cbci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjba,mr4 ,brown 7for himself1 ,mr4 ,king1 ,ms4 ,baldwin1 ,mr4 ,casey1 ,ms4 ,smith1 ,mr4 ,blumenthal1 ,mr4 ,van ,hollen1 ,mr4 ,merkley1 ,mr4 ,whitehouse1 ,ms4 ,cortez ,masto1 ,mr4 ,markey1 ,mr4 ,kaine1 ,ms4 ,klobuchar1 ,mr4 ,booker1 and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,xxvii of the ,public ,health ,service ,act to provide for a special enrollment period for pregnant persons1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,healthy ,maternity and ,obstetric ,medicine ,act or the ,healthy ,,mom ,act4 #b4 ,providing for a special enrollment period for pregnant individuals 7a7 ,public ,health ,service ,act ,section #bgjb7;b77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#a7;b77#b77 is amended by inserting including a special enrollment period for pregnant individuals1 beginning on the date on which the pregnancy is reported to the health insurance issuer before the period at the end4 7b7 ,patient protection and affordable care act ,section #acaa7;c77#f7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;c77#f77 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7#c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 a special enrollment period for pregnant individuals1 beginning on the date on which the pregnancy is reported to the ,exchange2 and 4 7c7 ,special enrollment periods 7#a7 ,internal ,revenue ,code ,section #ihja7;f7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ihja7;f77 is amended by adding at the end the following new paragraph3 7#d7 ,for pregnant individuals 7,a7 ,in general ,a group health plan shall permit an employee who is eligible1 but not enrolled1 for coverage under the terms of the plan 7or a dependent of such an employee if the dependent is eligible1 but not enrolled1 for coverage under such terms7 to enroll for coverage under the terms of the plan upon pregnancy1 with the special 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 provider4 7,b7 ,regulations ,the ,secretary shall promulgate regulations with respect to the special enrollment period under subparagraph 7,a71 including establishing a time period for pregnant individuals to enroll in coverage and effective date of such coverage4 4 7#b7 ,,erisa ,section #gja7;f7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaha7;f77 is amended by adding at the end the following3 7#d7 ,for pregnant individuals 7,a7 ,in general ,a group health plan or health insurance issuer in connection with a group health plan shall permit an employee who is eligible1 but not enrolled1 for coverage under the terms of the plan 7or a dependent of such an employee if the dependent is eligible1 but not enrolled1 for coverage under such terms7 to enroll for coverage under the terms of the plan upon pregnancy1 with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan or health insurance issuer or the pregnancy is confirmed by a health care provider4 7,b7 ,regulations ,the ,secretary shall promulgate regulations with respect to the special enrollment period under subparagraph 7,a71 including establishing a time period for pregnant individuals to enroll in coverage and effective date of such coverage4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to plan years beginning after the #bjba plan year4 #c4 ,coverage of maternity care for dependent children ,section #bgai;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ai;a7 is amended-- 7#a7 in subsection 7e71 by inserting 7other than subsection 7f77 after this section2 and 7#b7 by adding at the end the following3 7f7 ,coverage of maternity care ,a group health plan1 or health insurance issuer offering group or individual health insurance coverage1 that provides coverage for dependents shall ensure that such plan or coverage includes coverage for maternity care associated with pregnancy1 childbirth1 and postpartum care for all participants1 beneficiaries1 or enrollees1 including dependents1 including coverage of labor and delivery4 ,such coverage shall be provided to all pregnant dependents regardless of age4 4 #d4 ,federal employee health benefit plans 7a7 ,coverage of pregnancy ,the ,director of the ,office of ,personnel ,management shall issue such regulations as are necessary to ensure that pregnancy is considered a change in family status and a qualifying life event for an individual who is eligible to enroll1 but is not enrolled1 in a health benefit plan under chapter #hi of title #e1 ,united ,states ,code4 7b7 ,effective date ,the requirement in subsection 7a7 shall apply with respect to any contract entered into under section #hijb of such title beginning #ab months after the date of enactment of this ,act4 #e4 ,continuation of ,medicaid income eligibility standard for pregnant individuals and infants ,section #aijb7l77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7l77#b77;,a77 is amended-- 7#a7 in clause 7i71 by striking and not more than #ahe percent2 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i71 by striking and after the comma2 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting 1 and2 and 7,c7 by adding at the end the following3 7,,iii7 ,january #a1 #bjbb1 is the percentage provided under clause 7v74 2 and 7#c7 by adding at the end the following new clause3 7v7 ,the percentage provided under clause 7ii7 for medical assistance provided on or after ,january #a1 #bjbb1 with respect to individuals described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 shall not be less than-- 7,i7 the percentage specified for such individuals by the ,state in an amendment to its ,state plan 7whether approved or not7 as of ,january #a1 #bjad2 or 7,,ii7 if no such percentage is specified as of ,january #a1 #bjad1 the percentage established for such individuals under the ,state's authorizing legislation or provided for under the ,state's appropriations as of that date4 4 #f4 ,requiring and making permanent #ab-month continuous coverage for pregnant and postpartum individuals under ,medicaid and ,,chip 7a7 ,medicaid ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#hf71 by striking and at the end2 7,b7 in paragraph 7#hg71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#hg7 the following new paragraph3 7#hh7 provide that the ,state plan is in compliance with subsection 7e77#af74 2 and 7#b7 in subsection 7e77#af71 as added by section #ihab of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7-- 7,a7 in subparagraph 7,a71 by striking ,at the option of the ,state1 the ,state plan 7or waiver of such ,state plan7 may provide and inserting ,a ,state plan 7or waiver of such ,state plan7 shall provide2 7,b7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking by a ,state making an election under this paragraph and inserting under a ,state plan 7or a waiver of such ,state plan72 and 7,c7 by striking subparagraph 7,c74 7b7 ,,chip 7#a7 ,in general ,section #bajg7;e77#a77;,j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7e77#a77;,j771 as inserted by section #ihbb of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b71 is amended to read as follows3 7,j7 ,paragraphs 7#e7 and 7#af7 of section #aijb7;e7 7relating to the requirement to provide medical assistance under the ,state plan or waiver consisting of full benefits during pregnancy and throughout the #ab-month postpartum period under title ,,xix7 such that the provision of assistance under the ,state child health plan or waiver for targeted low-income children or targeted low-income pregnant individuals during pregnancy and the #ab-month postpartum period shall be required and shall include coverage of all items or services provided to a targeted low-income child or targeted low-income pregnant individual 7as applicable7 under the ,state child health plan or waiver74 4 7#b7 ,conforming ,section #baab7;d77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll7d77#b77;,a771 as inserted by section #ihbb of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b71 is amended by striking the month in which the #fj-;day period and all that follows through pursuant to section #bajg7;e77#a714 7c7 ,conforming amendments 7#a7 ,section #ihab7;b7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended to read as follows3 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 the amendment made by subsection 7a7 shall apply with respect to services furnished on or after the #ast day of the #ast fiscal year quarter that begins one year after the date of the enactment of this ,act4 7#b7 ,exception for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act that the ,secretary of ,health and ,human ,services determines requires ,state legislation in order for the respective plan to meet any requirement imposed by amendments made by this section1 the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first fiscal year quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 4 7#b7 ,section #ihbb7;b7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended to read as follows3 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 the amendments made by subsection 7a71 shall apply with respect to services furnished on or after the #ast day of the #ast fiscal year quarter that begins one year after the date of the enactment of this ,act4 7#b7 ,exception for ,state legislation ,in the case of a ,state child health plan under title ,,xxi of the ,social ,security ,act that the ,secretary of ,health and ,human ,services determines requires ,state legislation in order for the plan to meet any requirement imposed by amendments made by this section1 the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first fiscal year quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 4 7d7 ,effective date ,the amendments made by subsections 7a7 and 7c77#a7 shall take effect as if included in the enactment of section #ihab of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b74 ,the amendments made by subsections 7b7 and 7c77#b7 shall take effect as if included in the enactment of section #ihbb of such ,act4 #g4 ,relationship to other laws ,nothing in this ,act 7or an amendment made by this ,act7 shall be construed to invalidate or limit the remedies1 rights1 and procedures of any ,federal law or the law of any ,state or political subdivision of any ,state or jurisdiction that provides greater or equal protection for enrollees in a group health plan or group or individual health insurance offered by a health insurance issuer4