Prior to the Affordable Care Act, if you were pregnant and without insurance, you faced an uphill battle to get medical coverage — resulting in massive bills and possible debt.
Due to the nature of what insurance companies previously defined as “pre-existing conditions,” such essential benefits like maternity and prenatal care were left uncovered. Or worse, plans had such long waiting periods for coverage that a child would be birthed by the time coverage went into effect.
For women and intended parents entering surrogacy, the legal waters were even murkier for insurance coverage. Many times surrogates who had insurance held the assumption that their pregnancy was covered; however, many insurance policies explicitly excluded coverage for women carrying a child for another family. Intended parents also faced challenges in using their coverage to support maternity and prenatal care, leaving both the surrogate and intended parents at risk for substantial hospital bills.
The “Obamacare” effect
As intended parents and surrogates embark on a journey toward child delivery, it’s important to understand the health care coverage landscape in the age of what many call, “Obamacare.”
With the enactment of the Affordable Care Act (ACA) in 2013, the U.S. government defined 10 essential health benefits (EHB) that are mandated to be covered for all Americans enrolling in a health care plan. Within this list of 10, maternity and prenatal care is now considered essential coverage.
Steven Snyder, executive director at the International Assisted Reproduction Center (IARC®), said of the law’s enactment and its impact on surrogacy coverage, “By defining essential benefits and taking away pre-existing conditions and other exclusions that could impair maternity and prenatal care, the ACA may improve the ability of women who are acting as surrogates to have their maternity expense covered by insurance.”