S. 3698 — Mental Health and MAMA Act of 2026

This section prohibits group health plans and health insurance issuers from imposing cost-sharing requirements—including deductibles, copayments, or coinsurance—for in-network mental health services or substance use disorder services (including telehealth) furnished from pregnancy diagnosis (as defined by the Secretary) through the one-year period beginning the day after pregnancy ends, for plan years beginning two years after enactment. (Adds new sections 2799A–11 to PHSA, 726 to ERISA, and 9826 to IRC.) The section also revises continuity of care requirements under PHSA (sec. 2799A–3) and ERISA (sec. 718) by (1) expanding the definition of continuing care patient to include individuals who (a) are pregnant and undergoing treatment for the pregnancy from the provider or facility or (b) require postpartum mental health or substance use disorder services from a provider or facility after receiving such services while pregnant, with the pregnancy ending within the prior year; and (2) extending the transitional coverage period for postpartum patients described in the new category until the individual is no longer a continuing care patient with respect to such provider or facility (from the prior fixed period, previously the earlier of 90 days or treatment completion). (As background, continuity of care provisions require plans and issuers to notify affected continuing care patients of network terminations or changes and permit election of continued in-network benefits for the ongoing course of treatment.)