In short
Act 101-2023 orders the Secretary of Health to develop and implement a preventive protocol for detecting postpartum depression symptoms or disorder, so that mothers who suffer it, are at risk of suffering it, or show associated indicators are timely referred to a professional or institution offering emotional health services. The Department of Health establishes by regulation that every mother showing symptoms after screening or observation by duly authorized personnel shall be referred to a mental health professional so that, voluntarily, the corresponding evaluations are performed and appropriate treatment provided if so recommended; and it sets the screening instrument or uniform examination, which may be self-administered or administered by a duly authorized health professional during gestation, starting the first month of pregnancy and repeated at the end of each trimester. Without prejudice to reasonable and lawful deductibles, every insurer and health service organization organized under the Puerto Rico Insurance Code, insurance plans providing services in Puerto Rico, any other entity contracted to offer health benefits in Puerto Rico, as well as the Government Health Plan, shall expressly cover, in all their products, plans or premiums, the screening and the physical and emotional treatment of mothers showing symptoms of prepartum or postpartum depression, or who are identified or referred as patients at risk of suffering it. Non-compliance may carry administrative fines under Act 72-1993 and the Insurance Code.
What is it?
It is the law that turns postpartum depression screening into something the system must offer and the plan must cover, instead of depending on someone happening to ask. It has two useful parts: a detection protocol the Department of Health must implement, and a coverage mandate that reaches even the Government Health Plan.
Who can do it?
Mothers who suffer postpartum depression, are at risk of suffering it, or show associated indicators. For coverage, the text reaches mothers showing symptoms of prepartum or postpartum depression, or who are identified or referred to emotional health professionals or institutions as patients at risk of suffering it.
Requirements
- Showing symptoms of prepartum or postpartum depression, or being identified or referred to an emotional health professional or institution as a patient at risk of suffering it.Verified against the official source
Documents you need
Information pending verification.
Cost
Step by step
Step 1: The coverage is not only “postpartum”
Worth reading slowly because it changes what you can ask for: plans shall expressly cover the screening and the physical and emotional treatment of mothers showing symptoms of “prepartum or postpartum” depression. The mandate starts before birth, not after.
Step 2: Which plans it reaches
The list is long on purpose: every insurer and health service organization organized under the Puerto Rico Insurance Code, insurance plans providing services in Puerto Rico, any other entity contracted to offer health benefits in Puerto Rico, “as well as the Government Health Plan.” And the duty covers all their products, plans or premiums. The provision also applies to entities excluded under Article 1.070 of the Insurance Code, which are overseen by the Department of Health.
Step 3: Screening starts in the first month of pregnancy
The Department of Health regulation must set a screening instrument or uniform examination routinely serving as a mechanism for early detection of depression symptoms in prenatal stages. That instrument “may be self-administered or may be administered to every mother by a health professional duly authorized by their respective Examining Boards, during gestation, starting the first month of pregnancy, and repeated at the end of each trimester.”
Step 4: Where the screening can happen
The law leaves the timing to the regulation, and names the settings: the hospital environment, in interaction with nursing, social work, counseling or lactation consulting professionals; mothers’ postpartum visits to their primary physicians; babies’ postnatal pediatric visits; or any other suitable moment. The baby’s pediatric appointment is one of the places the law expressly names.
Step 5: The referral leads to voluntary evaluation
The word is in the text and worth knowing: every mother showing symptoms after screening or observation shall be referred to a mental health professional so that, “voluntarily,” the corresponding evaluations are performed and appropriate treatment provided if so recommended. The referral does not bind you; the coverage is what is bound to be there.
Step 6: If the plan denies it
The law provides a consequence: non-compliance with the coverage article’s requirements may carry administrative fines under Act 72-1993, known as the Puerto Rico Health Insurance Administration Act, as well as under the Puerto Rico Insurance Code, or any other special law with competence. The claim route is that of a denied benefit, which we cover in the health insurance guides and in the Patient Advocate Office guide.
Step 7: This law prevails over any that do not harmonize
It has a supremacy clause: this law’s provisions shall prevail over any other legal provision, regulation or rule not in harmony with them. That is useful when someone answers you with an internal plan rule.
Where to do it
The Department of Health develops the preventive protocol and the regulation, and oversees the entities excluded from the Insurance Code. If the plan denies you screening or treatment, the claim goes through the denied-benefit route: the Office of the Insurance Commissioner and the Office of the Patient Advocate. If you need help now, ASSMCA’s PAS line has its own guide and is the correct destination.
How long it takes
What to do if something goes wrong
What this law does not publish. It names no particular screening instrument and no score: the Department of Health regulation is what sets which one is used, among those accepted by the American Psychiatric Association, the American Psychological Association, the American College of Obstetricians and Gynecologists, the American Pediatric Association or other recognized professional associations. We did not read that regulation, so we publish no instrument, no exact administration timing and no staff training details. Nor did we read the Puerto Rico Insurance Code or Act 72-1993 beyond this law’s references, so we publish no fine amounts or administrative procedure. And we publish no costs: the law expressly preserves “reasonable and lawful deductibles,” so mandatory coverage does not necessarily mean zero out of pocket. This guide is about a coverage right and a screening duty; it is not clinical guidance and describes no treatments.
Common mistakes
- Asking for coverage only after birth: the text says “prepartum or postpartum” depression.
- Assuming the Government Health Plan is outside: the law names it expressly.
- Believing screening is a one-time thing: the instrument is repeated at the end of each trimester of pregnancy.
- Not asking for it at the baby’s pediatric appointment: it is one of the settings the law names.
- Reading the referral as mandatory: evaluation and treatment are done voluntarily.
- Expecting zero out of pocket: the law preserves reasonable and lawful deductibles.
Frequently asked questions
Must the plan cover therapy?
The law requires expressly covering, in all their products, plans or premiums, the screening and the physical and emotional treatment of mothers showing symptoms of prepartum or postpartum depression, or who are identified or referred as patients at risk of suffering it, without prejudice to reasonable and lawful deductibles.
From when can I be screened?
The instrument may be self-administered or administered by a duly authorized health professional during gestation, starting the first month of pregnancy, and repeated at the end of each trimester.
Does it apply to the Government Health Plan?
Yes. The coverage article names it expressly alongside insurers, Insurance Code health service organizations, plans providing services in Puerto Rico and any other entity contracted to offer health benefits.
Am I forced into treatment if I screen positive?
No. The text provides that the mother shall be referred to a mental health professional so that, voluntarily, the evaluations are performed and appropriate treatment provided if so recommended.
Official sources
These are the government pages this guide is based on.
- Departamento de Salud de Puerto Rico
Salud
bvirtualogp.pr.gov
- Department of Health
Departamento de Salud
www.salud.pr.gov
Last verified
August 24, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.
Was this guide helpful?
Did you find out-of-date information?
After childbirth: 48 hours of hospital, 96 if it was a C-section
Act 248-1999 requires the plan to cover a minimum 48 hospital hours after an uncomplicated vaginal birth and 96 hours if there was a C-section.
Psychology services: your health plan must include them in its coverage
Act 239-2012 orders insurers to include in their coverage services by psychology professionals trained at master’s or doctoral level.
Mental health: 15 days to receive services and other rights
Act 408-2000 prohibits waiting lists longer than 15 working days, requires informed consent with seven elements, and gives 30 days to resolve a complaint.
Línea PAS: mental health crisis help, 24 hours
1-800-981-0023, 988, sign-language video at 787-615-4112, and chat, 24 hours. They also coordinate psychiatric evaluation, an ambulance and treatment.
Insurance: 15 days to acknowledge, 90 to resolve, 30 to reconsider
Article 1.120 of the Insurance Code puts dates on your claim and bars treating an unaccepted cheque as a waiver of your claims.
Maternity leave in the private sector: 8 weeks at full pay
What Act 3 of 1942 provides: 4 weeks before and 4 after childbirth at full pay, options to shift them, adoption leave, and protection against dismissal.