Black Maternal Health Momnibus Act of 2020

II 116TH CONGRESS 2D SESSION S. 3424 To end preventable maternal mortality and severe maternal morbidity in the United States and close disparities in maternal health outcomes, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 10, 2020 Ms. HARRIS (for herself, Mr. BOOKER, Mr. PETERS, Mrs. GILLIBRAND, Ms. BALDWIN, Ms. WARREN, Mr. SANDERS, Ms. DUCKWORTH, Mr. BLUMENTHAL, Mr. BENNET, Ms. KLOBUCHAR, Mr. MENENDEZ, and Mr. MERKLEY) introduced the following bill; which was read twice and re- ferred to the Committee on Health, Education, Labor, and Pensions A BILL To end preventable maternal mortality and severe maternal morbidity in the United States and close disparities in maternal health outcomes, 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 ‘‘Black Maternal Health 4 Momnibus Act of 2020’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3424 IS Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—SOCIAL DETERMINANTS FOR MOMS Sec. 101. Task force to coordinate efforts to address social determinants of health for women in the prenatal and postpartum periods. Sec. 102. Requirements for guidance relating to social determinants of health for pregnant women. Sec. 103. Department of Housing and Urban Development. Sec. 104. Department of Transportation. Sec. 105. Department of Agriculture. Sec. 106. Environmental study through National Academies. Sec. 107. Child care access. Sec. 108. Grants to State, local, and Tribal public health departments address- ing social determinants of health for pregnant and postpartum women. TITLE II—HONORING KIRA JOHNSON Sec. 201. Investments in community-based organizations to improve Black ma- ternal health outcomes. Sec. 202. Training for all employees in maternity care settings. Sec. 203. Study on reducing and preventing bias, racism, and discrimination in maternity care settings. Sec. 204. Respectful maternity care compliance program. Sec. 205. GAO report. TITLE III—PROTECTING MOMS WHO SERVED Sec. 301. Support for maternity care coordination. Sec. 302. Sense of Congress on veteran status requirements. Sec. 303. Report on maternal mortality and severe maternal morbidity among women veterans. TITLE IV—PERINATAL WORKFORCE Sec. 401. HHS agency directives. Sec. 402. Grants to grow and diversify the perinatal workforce. Sec. 403. Grants to grow and diversify the nursing workforce in maternal and perinatal health. Sec. 404. GAO report on barriers to maternity care. TITLE V—DATA TO SAVE MOMS Sec. 501. Funding for maternal mortality review committees to promote rep- resentative community engagement. Sec. 502. Data collection and review. Sec. 503. Task force on maternal health data and quality measures. Sec. 504. Indian Health Service study on maternal mortality. Sec. 505. Grants to minority-serving institutions to study maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. TITLE VI—MOMS MATTER Sec. 601. Innovative models to reduce maternal mortality. VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3424 IS TITLE VII—JUSTICE FOR INCARCERATED MOMS Sec. 701. Sense of Congress. Sec. 702. Ending the shackling of pregnant individuals. Sec. 703. Creating model programs for the care of incarcerated individuals in the prenatal and postpartum periods. Sec. 704. Grant program to improve maternal health outcomes for individuals in State and local prisons and jails. Sec. 705. GAO report. Sec. 706. MACPAC report. TITLE VIII—TECH TO SAVE MOMS Sec. 801. CMI modeling of integrated telehealth models in maternity care serv- ices. Sec. 802. Grants to expand the use of technology-enabled collaborative learning and capacity models that provide care to pregnant and postpartum women. Sec. 803. Grants to promote equity in maternal health outcomes by increasing access to digital tools. Sec. 804. Report on the use of technology to reduce maternal mortality and se- vere maternal morbidity and to close racial and ethnic dispari- ties in outcomes. TITLE IX—IMPACT TO SAVE MOMS Sec. 901. Perinatal Care Alternative Payment Model Demonstration Project. Sec. 902. MACPAC report. SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) CULTURALLY CONGRUENT.—The term ‘‘cul- 3 turally congruent’’, with respect to care or maternity 4 care, means care that is in agreement with the pre- 5 ferred cultural values, beliefs, worldview, and prac- 6 tices of the health care consumer and other stake- 7 holders. 8 (2) MATERNAL MORTALITY.—The term ‘‘mater- 9 nal mortality’’ means a death occurring during or 10 within a 1-year period after pregnancy that is 11 caused by pregnancy or childbirth complications. 12 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3424 IS (3) POSTPARTUM.—The term ‘‘postpartum’’ 1 means the 1-year period beginning on the last day 2 of a woman’s pregnancy. 3 (4) SEVERE MATERNAL MORBIDITY.—The term 4 ‘‘severe maternal morbidity’’ means an unexpected 5 outcome caused by labor and delivery of a woman 6 that results in significant short-term or long-term 7 consequences to the health of the woman. 8 TITLE I—SOCIAL 9 DETERMINANTS FOR MOMS 10 SEC. 101. TASK FORCE TO COORDINATE EFFORTS TO AD- 11 DRESS SOCIAL DETERMINANTS OF HEALTH 12 FOR WOMEN IN THE PRENATAL AND 13 POSTPARTUM PERIODS. 14 (a) IN GENERAL.—The Secretary of Health and 15 Human Services shall convene a task force (in this section 16 referred to as the ‘‘Task Force’’) to develop strategies to 17 coordinate efforts across the Federal Government to ad- 18 dress social determinants of health for women in the pre- 19 natal and postpartum periods. 20 (b) MEMBERS.—The members of the Task Force 21 shall consist of the following: 22 (1) The Secretary of Health and Human Serv- 23 ices (or the Secretary’s designee). 24 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3424 IS (2) The Secretary of Housing and Urban Devel- 1 opment (or the Secretary’s designee). 2 (3) The Secretary of Transportation (or the 3 Secretary’s designee). 4 (4) The Secretary of Agriculture (or the Sec- 5 retary’s designee). 6 (5) The Administrator of the Environmental 7 Protection Agency (or the Administrator’s designee). 8 (6) The Assistant Secretary for the Administra- 9 tion for Children and Families (or the Assistant Sec- 10 retary’s designee). 11 (7) The Administrator of the Centers for Medi- 12 care & Medicaid Services (or the Administrator’s 13 designee). 14 (8) The Director of the Indian Health Service 15 (or the Director’s designee). 16 (9) The Director of the National Institutes of 17 Health (or the Director’s designee). 18 (10) The Administrator of the Health Re- 19 sources and Services Administration (or the Admin- 20 istrator’s designee). 21 (11) The Deputy Assistant Secretary for Minor- 22 ity Health of the Department of Health and Human 23 Services (or the Deputy Assistant Secretary’s des- 24 ignee). 25 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3424 IS (12) The Deputy Assistant Secretary for Wom- 1 en’s Health of the Department of Health and 2 Human Services (or the Deputy Assistant Sec- 3 retary’s designee). 4 (13) The Director of the Centers for Disease 5 Control and Prevention (or the Director’s designee). 6 (14) A woman who has experienced severe ma- 7 ternal morbidity or a family member of a woman 8 who has suffered a pregnancy-related death. 9 (15) A leader of a community-based organiza- 10 tion that addresses maternal mortality and severe 11 maternal morbidity with a specific focus on racial 12 and ethnic disparities. 13 (16) A maternal health care provider. 14 (c) CHAIR.—The Secretary of Health and Human 15 Services shall select the Chair of the Task Force from 16 among the members of the Task Force. 17 (d) REPORT.—Not later than 2 years after the date 18 of enactment of this Act, the Task Force shall— 19 (1) finalize strategies to coordinate efforts 20 across the Federal Government to address social de- 21 terminants of health for women in the prenatal and 22 postpartum periods; and 23 (2) submit a report on such strategies to the 24 Congress, including— 25 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 3424 IS (A) plans for implementing such strategies; 1 and 2 (B) recommendations on the funding 3 amounts needed by each Federal department 4 and agency to implement such strategies. 5 (e) TERMINATION.—The termination provisions 6 under section 14 of the Federal Advisory Committee Act 7 (5 U.S.C. App.) shall not apply to the Task Force. 8 SEC. 102. REQUIREMENTS FOR GUIDANCE RELATING TO 9 SOCIAL DETERMINANTS OF HEALTH FOR 10 PREGNANT WOMEN. 11 (a) IN GENERAL.—Not later than 1 year after the 12 date of the enactment of this Act, the Secretary of Health 13 and Human Services shall issue guidance with respect to 14 how medicaid managed care organizations and State Med- 15 icaid programs can use payments made pursuant to sec- 16 tion 1903 of the Social Security Act (42 U.S.C. 1396b) 17 to address the following issues related to social deter- 18 minants of health for high-risk mothers during the pre- 19 sumptive eligibility period for pregnant women: 20 (1) Housing. 21 (2) Transportation. 22 (3) Nutrition. 23 (4) Lactation and other infant feeding options 24 support. 25 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 3424 IS (5) Lead testing and abatement. 1 (6) Air and water quality. 2 (7) Car seat installation. 3 (8) Child care access. 4 (9) Wellness and stress management programs. 5 (10) Other social determinants of health (as de- 6 termined by the Secretary). 7 (b) DEFINITIONS.—In this section: 8 (1) MEDICAID MANAGED CARE ORGANIZA- 9 TIONS.—The term ‘‘medicaid managed care organi- 10 zation’’ has the meaning given such term in section 11 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 12 1396b(m)(1)(A)). 13 (2) PRESUMPTIVE ELIGIBILITY PERIOD.—The 14 term ‘‘presumptive eligibility period’’ has the mean- 15 ing given such term in section 1920(b)(1) of the So- 16 cial Security Act (42 U.S.C. 1396r–1(b)(1)). 17 SEC. 103. DEPARTMENT OF HOUSING AND URBAN DEVEL- 18 OPMENT. 19 (a) DEFINITIONS.—In this section— 20 (1) the term ‘‘Department’’ means the Depart- 21 ment of Housing and Urban Development; 22 (2) the term ‘‘Secretary’’ means the Secretary 23 of Housing and Urban Development; and 24 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 3424 IS (3) the term ‘‘task force’’ means the Housing 1 for Moms Task Force established under subsection 2 (b). 3 (b) TASK FORCE.— 4 (1) ESTABLISHMENT.—The Secretary shall es- 5 tablish within the Department a Housing for Moms 6 Task Force that shall be responsible for ensuring 7 that women in the prenatal and postpartum periods 8 have safe, stable, affordable, and adequate housing 9 for themselves and their other children. 10 (2) RESPONSIBILITIES.—The task force shall— 11 (A) study how the Department can support 12 women in the prenatal and postpartum periods 13 and make recommendations to the Secretary; 14 (B) provide guidance to regional offices of 15 the Department on measures to ensure that 16 local housing infrastructure is supportive to 17 women in the prenatal and postpartum periods, 18 including providing information on— 19 (i) health-promoting housing codes; 20 (ii) enforcement of housing codes; 21 (iii) proactive rental inspection pro- 22 grams; 23 (iv) code enforcement officer training; 24 and 25 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 3424 IS (v) partnerships between regional of- 1 fices of the Department and community or- 2 ganizations to ensure housing laws are un- 3 derstood and violations are discovered; and 4 (C) not later than 2 years after the date 5 of enactment of this Act, and annually there- 6 after, submit to Congress a report summarizing 7 the activities of the task force. 8 SEC. 104. DEPARTMENT OF TRANSPORTATION. 9 (a) REPORT.—Not later than 1 year after the date 10 of enactment of this Act, the Secretary of Transportation 11 shall submit to Congress a report containing— 12 (1) an assessment of transportation barriers 13 preventing individuals from attending prenatal and 14 postpartum appointments, accessing maternal health 15 care services, or accessing services and resources re- 16 lated to social determinants of health that affect ma- 17 ternal health outcomes, such as healthy foods; 18 (2) recommendations on how to overcome such 19 barriers; and 20 (3) an assessment of transportation safety risks 21 for pregnant individuals and recommendations on 22 how to mitigate such risks. 23 VerDate Sep 11 2014 05:17 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3424.IS S3424 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 3424 IS (b) CONSIDERATIONS.—In carrying out subsection 1 (a), the Secretary shall give special consideration to solu- 2 tions for— 3 (1) women living in a health professional short- 4 age area designated under section 332 of the Public 5 Health Service Act (42 U.S.C. 254e); and 6 (2) women living in areas with high maternal 7 mortality or severe maternal morbidity rates and 8 significant racial or ethnic disparities in maternal 9 health outcomes. 10 SEC. 105. DEPARTMENT OF AGRICULTURE. 11 (a) DEFINITIONS.—In this section: 12 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 13 ty’’ means— 14 (A) a public entity; 15 (B) a private community entity; 16 (C) a community-based organization; 17 (D) an Indian tribe or tribal organization 18 (as those terms are defined in section 4 of the 19 Indian Self-Determination and Education As- 20 sistance Act (25 U.S.C. 5304)); and 21 (E) an urban Indian organization (as de- 22 fined in section 4 of the Indian Health Care 23 Improvement Act (25 U.S.C. 1603)). 24 VerDat [Text truncated for display. Full text available on Congress.gov.]