Moms MATTER Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6143 To amend the Public Health Service Act to improve maternal mental and behavioral health outcomes with a particular focus on outcomes for minority women, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 9, 2020 Mr. KENNEDY (for himself, Ms. UNDERWOOD, Mr. KATKO, Ms. ADAMS, Ms. SCANLON, Mr. LONG, and Mr. MOULTON) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to improve maternal mental and behavioral health outcomes with a particular focus on outcomes for minority women, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Moms Maternal and 4 Behavioral Health Screening Access, Treatment, and Task 5 Force to Expand Innovative Models to Reduce Maternal 6 Mortality and Severe Maternal Morbidity Act of 2020’’ or 7 the ‘‘Moms MATTER Act of 2020’’. 8 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 2 •HR 6143 IH SEC. 2. INNOVATIVE MODELS TO REDUCE MATERNAL MOR- 1 TALITY. 2 Title III of the Public Health Service Act (42 U.S.C. 3 241 et seq.) is amended by adding at the end the following 4 new part: 5 ‘‘PART W—INNOVATIVE MODELS TO REDUCE MA- 6 TERNAL MORTALITY AND SEVERE MATER- 7 NAL MORBIDITY 8 ‘‘SEC. 399OO. DEFINITIONS. 9 ‘‘In this part: 10 ‘‘(1) The terms ‘postpartum’ and ‘postpartum 11 period’ refer to the 1-year period beginning on the 12 last day of the pregnancy. 13 ‘‘(2) The term ‘Secretary’ means the Secretary 14 of Health and Human Services. 15 ‘‘(3) The term ‘Task Force’ means the Mater- 16 nal Mental and Behavioral Health Task Force estab- 17 lished pursuant to section 399OO–1. 18 ‘‘(4) The term ‘behavioral health’ includes sub- 19 stance use disorder and other behavioral health con- 20 ditions. 21 ‘‘SEC. 399OO–1. MATERNAL MENTAL AND BEHAVIORAL 22 HEALTH TASK FORCE. 23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 24 lish a task force, to be known as the Maternal Mental and 25 Behavioral Health Task Force, to improve maternal men- 26 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 3 •HR 6143 IH tal and behavioral health outcomes with a particular focus 1 on outcomes for minority women. 2 ‘‘(b) MEMBERSHIP.— 3 ‘‘(1) COMPOSITION.—The Task Force shall be 4 composed of no fewer than 20 members, to be ap- 5 pointed by the Secretary. 6 ‘‘(2) CO-CHAIRS.—The Secretary shall des- 7 ignate 2 members of the Task Force to serve as the 8 Co-chairs of the Task Force. 9 ‘‘(3) MEMBERS.— The Task Force shall include 10 the following: 11 ‘‘(A) Maternal mental and behavioral 12 health care specialists; maternity care providers; 13 and researchers, government officials, and pol- 14 icy experts who specialize in women’s health, 15 maternal mental and behavioral health, mater- 16 nal substance use disorder, or maternal mor- 17 tality and severe maternal morbidity. In select- 18 ing such members of the Task Force, the Sec- 19 retary shall give special consideration to individ- 20 uals from diverse racial and ethnic backgrounds 21 or individuals with experience providing cul- 22 turally congruent maternity care in diverse 23 communities. 24 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 4 •HR 6143 IH ‘‘(B) One or more patients who have suf- 1 fered from a diagnosed mental or behavioral 2 health condition during the prenatal or 3 postpartum period, or a spouse or family mem- 4 ber of such patient. 5 ‘‘(C) One or more representatives of a 6 community-based organization that addresses 7 adverse maternal health outcomes with a spe- 8 cific focus on racial and ethnic disparities in 9 maternal health outcomes. In selecting such 10 representatives, the Secretary shall give special 11 consideration to organizations from commu- 12 nities with significant minority populations. 13 ‘‘(D) One or more perinatal health workers 14 who provide non-clinical support to pregnant 15 and postpartum women, such as a doula, com- 16 munity health worker, peer supporter, certified 17 lactation consultant, nutritionist or dietitian, 18 social worker, home visitor, or navigator. In se- 19 lecting such perinatal health workers, the Sec- 20 retary shall give special consideration to individ- 21 uals with experience working in communities 22 with significant minority populations. 23 ‘‘(E) One or more representatives of rel- 24 evant patient advocacy organizations, with a 25 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 5 •HR 6143 IH particular focus on organizations that address 1 racial and ethnic disparities in maternal health 2 outcomes. 3 ‘‘(F) One or more representatives of rel- 4 evant health care provider organizations, with a 5 particular focus on organizations that address 6 racial and ethnic disparities in maternal health 7 outcomes. 8 ‘‘(G) One or more leaders of a Federally 9 qualified health center or rural health clinic (as 10 such terms are defined in section 1861 of the 11 Social Security Act). 12 ‘‘(H) One or more representatives of health 13 insurers. 14 ‘‘(4) TIMING OF APPOINTMENTS.—Not later 15 than 180 days after the date of enactment of this 16 part, the Secretary shall appoint all members of the 17 Task Force. 18 ‘‘(5) PERIOD OF APPOINTMENT; VACANCIES.— 19 ‘‘(A) IN GENERAL.—Each member of the 20 Task Force shall be appointed for the life of the 21 Task Force. 22 ‘‘(B) VACANCIES.—Any vacancy in the 23 Task Force— 24 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 6 •HR 6143 IH ‘‘(i) shall not affect the powers of the 1 Task Force; and 2 ‘‘(ii) shall be filled in the same man- 3 ner as the original appointment. 4 ‘‘(6) NO PAY.—Members of the Task Force 5 (other than officers or employees of the United 6 States) shall serve without pay. Members of the 7 Task Force who are full-time officers or employees 8 of the United States may not receive additional pay, 9 allowances, or benefits by reason of their service on 10 the Task Force. 11 ‘‘(7) TRAVEL EXPENSES.—Members of the 12 Task Force may be allowed travel expenses, includ- 13 ing per diem in lieu of subsistence, at rates author- 14 ized for employees of agencies under subchapter I of 15 chapter 57 of title 5, United States Code, while 16 away from their homes or regular places of business 17 in the performance of services for the Task Force. 18 ‘‘(c) STAFF.—The Co-chairs of the Task Force may 19 appoint and fix the pay of staff to the Task Force. 20 ‘‘(d) DETAILEES.—Any Federal Government em- 21 ployee may be detailed to the Task Force without reim- 22 bursement from the Task Force, and the detailee shall re- 23 tain the rights, status, and privileges of his or her regular 24 employment without interruption. 25 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 7 •HR 6143 IH ‘‘(e) MEETINGS.— 1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 2 the Task Force shall meet at the call of the Co- 3 chairs of the Task Force. 4 ‘‘(2) INITIAL MEETING.—The Task Force shall 5 meet not later than 30 days after the date on which 6 all members of the Task Force have been appointed. 7 ‘‘(3) QUORUM.—A majority of the members of 8 the Task Force shall constitute a quorum. 9 ‘‘(f) INFORMATION FROM FEDERAL AGENCIES.— 10 ‘‘(1) IN GENERAL.—The Task Force may se- 11 cure directly from any Federal department or agency 12 such information as may be relevant to carrying out 13 this part. 14 ‘‘(2) FURNISHING INFORMATION.—On request 15 of the Co-chairs of the Task Force pursuant to 16 paragraph (1), the head of a Federal department or 17 agency shall, not later than 60 days after the date 18 of receiving such request, furnish to the Task Force 19 the information so requested. 20 ‘‘(g) TERMINATION.—Termination under section 14 21 of the Federal Advisory Committee Act (5 U.S.C. App.) 22 shall not apply to the Task Force. 23 ‘‘(h) DUTIES.— 24 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 8 •HR 6143 IH ‘‘(1) NATIONAL STRATEGY.—The Task Force 1 shall make recommendations for a national strategy 2 to improve maternal mental and behavioral health 3 outcomes with a particular focus on outcomes for 4 minority women. Such strategy shall— 5 ‘‘(A) define collaborative maternity care; 6 ‘‘(B) make recommendations to the Sec- 7 retary and the Assistant Secretary for Mental 8 Health and Substance Use on how to imple- 9 ment collaborative maternity care models to im- 10 prove maternal mental and behavioral health 11 with a particular focus on such outcomes for 12 minority women; 13 ‘‘(C) identify barriers to the implementa- 14 tion of collaborative maternity care models to 15 improve maternal mental and behavioral health 16 with a particular focus on such outcomes for 17 minority women, and make recommendations to 18 address such barriers; 19 ‘‘(D) take into consideration as models ex- 20 isting State and other programs that have dem- 21 onstrated effectiveness in improving maternal 22 mental and behavioral health during the pre- 23 natal and postpartum periods; 24 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 9 •HR 6143 IH ‘‘(E) promote treatment options and re- 1 duce stigma for pregnant and postpartum 2 women with a substance use disorder; 3 ‘‘(F) assess the extent to which insurers 4 are providing coverage for evidence-based men- 5 tal and behavioral health screenings and serv- 6 ices that adhere to existing prenatal and 7 postpartum guidelines; 8 ‘‘(G) assess the extent to which existing 9 guidelines and processes are culturally con- 10 gruent for minority women, specifically— 11 ‘‘(i) guidelines for identifying mater- 12 nal mental and behavioral health condi- 13 tions, including substance use disorders; 14 ‘‘(ii) guidelines for screening and, as 15 needed, follow-up referrals, evaluations, 16 and treatments after positive screens for— 17 ‘‘(I) depression; 18 ‘‘(II) anxiety; 19 ‘‘(III) trauma; 20 ‘‘(IV) substance use disorders; 21 and 22 ‘‘(V) other mental or behavioral 23 health conditions at the discretion of 24 the Task Force; 25 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 10 •HR 6143 IH ‘‘(iii) processes for incorporating men- 1 tal and behavioral health screenings into 2 the current timeline of standard screening 3 practices for pregnant and postpartum 4 women, with distinctions for postpartum 5 screening timelines for uncomplicated and 6 complicated births; and 7 ‘‘(iv) processes for referring women 8 with positive screens for substance use dis- 9 order to addiction treatment centers offer- 10 ing— 11 ‘‘(I) on-site wraparound treat- 12 ment or networks for referrals; 13 ‘‘(II) multidisciplinary staff; 14 ‘‘(III) psychotherapy; 15 ‘‘(IV) contingency management; 16 ‘‘(V) access to all evidence-based 17 medication-assisted treatment; and 18 ‘‘(VI) evidence-based recovery 19 supports; 20 ‘‘(H) propose to the Secretary a multi- 21 lingual public awareness campaign for maternal 22 mental health and substance use disorder, with 23 a particular focus on minority women, that in- 24 cludes information on— 25 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 11 •HR 6143 IH ‘‘(i) symptoms, triggers, risk factors, 1 and treatment options for maternal mental 2 and behavioral health conditions; 3 ‘‘(ii) using the website developed 4 under paragraph (3); 5 ‘‘(iii) the physiological process of re- 6 covery after birth; 7 ‘‘(iv) the frequency of occurrences for 8 common conditions such as postpartum 9 hemorrhage, preeclampsia and eclampsia, 10 infection, and thromboembolism; 11 ‘‘(v) best practices in patient report- 12 ing of health concerns to their maternity 13 care providers in the prenatal and 14 postpartum periods; 15 ‘‘(vi) addressing stigma around mater- 16 nal mental and behavioral health condi- 17 tions; 18 ‘‘(vii) how to seek treatment for sub- 19 stance use disorder during pregnancy and 20 in the postpartum period; and 21 ‘‘(viii) infant feeding options; and 22 ‘‘(I) disseminate to all State Medicaid pro- 23 grams under title XIX of the Social Security 24 Act and State child health plans under title 25 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 12 •HR 6143 IH XXI of the Social Security Act an assessment 1 of the extent to which States are providing cov- 2 erage of evidence-based prenatal and 3 postpartum mental and behavioral health 4 screenings through such programs and plans, 5 and an assessment of the benefits of such cov- 6 erage. 7 ‘‘(2) GRANT PROGRAMS.—The Task Force shall 8 evaluate and advise on the grant programs under 9 section 399OO–2. 10 ‘‘(3) CENTRALIZED WEBSITE.—The Task Force 11 shall facilitate a coordinated effort between the Sub- 12 stance Abuse and Mental Health Services Adminis- 13 tration and State departments of health to develop, 14 either directly or through a contract, a centralized 15 website with information on finding local mental and 16 behavioral health providers who treat prenatal and 17 postpartum mental and behavioral health conditions, 18 including substance use disorder. 19 ‘‘(4) REPORT.—Not later than 18 months after 20 the date of enactment of the Moms MATTER Act 21 of 2020, and every year thereafter, the Task Force 22 shall submit to the Congress, the Centers for Medi- 23 care & Medicaid, and the Center for Medicare and 24 VerDate Sep 11 2014 22:09 Mar 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 tkelley on DSKBCP9HB2PROD with BILLS 13 •HR 6143 IH Medicaid Innovation, and make publicly available, a 1 report that— 2 ‘‘(A) describes the activities of the Task 3 Force and the results of such activities, with 4 data in such results stratified racially, eth- 5 nically, and geographically; and 6 ‘‘(B) include [Text truncated for display. Full text available on Congress.gov.]