Black Maternal Health Momnibus Act

II 118TH CONGRESS 1ST SESSION S. 1606 To end preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 15, 2023 Mr. BOOKER (for himself, Ms. WARREN, Mr. WARNOCK, Mr. MERKLEY, Mr. SCHATZ, Mr. CASEY, Mr. SANDERS, Mr. VAN HOLLEN, Mr. PADILLA, Mr. MENENDEZ, Mrs. GILLIBRAND, Mr. CARDIN, Mr. HEINRICH, Ms. KLOBUCHAR, Mr. WELCH, Mr. BENNET, Ms. BALDWIN, Ms. SMITH, Mr. MARKEY, Ms. STABENOW, Mr. DURBIN, Ms. DUCKWORTH, Mr. FETTERMAN, Ms. HIRONO, Mr. KAINE, Mr. BLUMENTHAL, Mr. BROWN, and Ms. CORTEZ MASTO) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To end preventable maternal mortality, severe maternal mor- bidity, and maternal health disparities in the United States, 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’’. 5 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1606 IS SEC. 2. TABLE OF CONTENTS. 1 The table of contents for this Act is as follows: 2 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Sense of Congress. TITLE I—SOCIAL DETERMINANTS FOR MOMS Sec. 101. Task force to address the United States maternal health crisis. Sec. 102. Sustained funding to address social determinants of maternal health. TITLE II—EXTENDING WIC FOR NEW MOMS Sec. 201. Extending WIC eligibility for new moms. TITLE III—HONORING KIRA JOHNSON Sec. 301. Sustained funding for community-based organizations to advance ma- ternal health equity. Sec. 302. Respectful maternity care training for all employees in maternity care settings. Sec. 303. Study on reducing and preventing bias, racism, and discrimination in maternity care settings. Sec. 304. Respectful maternity care compliance program. Sec. 305. GAO report. TITLE IV—MATERNAL HEALTH FOR VETERANS Sec. 401. Support for maternity health care and coordination programs of the Department of Veterans Affairs. TITLE V—PERINATAL WORKFORCE Sec. 501. HHS agency directives. Sec. 502. Grants to grow and diversify the perinatal workforce. Sec. 503. Grants to grow and diversify the nursing workforce in maternal and perinatal health. Sec. 504. GAO report. Sec. 505. Definitions. TITLE VI—DATA TO SAVE MOMS Sec. 601. Funding for maternal mortality review committees to promote rep- resentative community engagement. Sec. 602. Data collection and review. Sec. 603. Review of maternal health data collection processes and quality meas- ures. Sec. 604. Study on maternal health among American Indian and Alaska Native individuals. Sec. 605. Grants to minority-serving institutions to study maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. TITLE VII—MOMS MATTER VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1606 IS Sec. 701. Maternal mental health equity grant program. Sec. 702. Grants to grow and diversify the maternal mental and behavioral health care workforce. TITLE VIII—JUSTICE FOR INCARCERATED MOMS Sec. 801. Ending the shackling of pregnant individuals. Sec. 802. Creating model programs for the care of incarcerated individuals in the prenatal and postpartum periods. Sec. 803. Grant program to improve maternal health outcomes for individuals in State and local prisons and jails. Sec. 804. GAO report. TITLE IX—TECH TO SAVE MOMS Sec. 901. Integrated telehealth models in maternity care services. Sec. 902. Grants to expand the use of technology-enabled collaborative learning and capacity models for pregnant and postpartum individuals. Sec. 903. Grants to promote equity in maternal health outcomes through digital tools. Sec. 904. Report on the use of technology in maternity care. TITLE X—IMPACT TO SAVE MOMS Sec. 1001. Perinatal Care Alternative Payment Model Demonstration Project. TITLE XI—MATERNAL HEALTH PANDEMIC RESPONSE Sec. 1101. Definitions. Sec. 1102. Funding for data collection, surveillance, and research on maternal health outcomes during public health emergencies. Sec. 1103. Public health emergency maternal health data collection and disclo- sure. Sec. 1104. Public health communication regarding maternal care during public health emergencies. Sec. 1105. Task force on birthing experience and safe, respectful, responsive, and empowering maternity care during public health emer- gencies. TITLE XII—PROTECTING MOMS AND BABIES AGAINST CLIMATE CHANGE Sec. 1201. Definitions. Sec. 1202. Grant program to protect vulnerable mothers and babies from cli- mate change risks. Sec. 1203. Grant program for education and training at health profession schools. Sec. 1204. NIH Consortium on Birth and Climate Change Research. Sec. 1205. Strategy for identifying climate change risk zones for vulnerable mothers and babies. TITLE XIII—MATERNAL VACCINATIONS Sec. 1301. Maternal vaccination awareness and equity campaign. SEC. 3. DEFINITIONS. 1 In this Act: 2 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1606 IS (1) CULTURALLY AND LINGUISTICALLY CON- 1 GRUENT.—The term ‘‘culturally and linguistically 2 congruent’’, with respect to care or maternity care, 3 means care that is in agreement with the preferred 4 cultural values, beliefs, worldview, language, and 5 practices of the health care consumer and other 6 stakeholders. 7 (2) MATERNAL MORTALITY.—The term ‘‘mater- 8 nal mortality’’ means a death occurring during or 9 within a 1-year period after pregnancy, caused by 10 pregnancy-related or childbirth complications, in- 11 cluding a suicide, overdose, or other death resulting 12 from a mental health or substance use disorder at- 13 tributed to or aggravated by pregnancy-related or 14 childbirth complications. 15 (3) MATERNITY CARE PROVIDER.—The term 16 ‘‘maternity care provider’’ means a health care pro- 17 vider who— 18 (A) is a physician, a physician assistant, a 19 midwife who meets, at a minimum, the inter- 20 national definition of a midwife and global 21 standards for midwifery education as estab- 22 lished by the International Confederation of 23 Midwives, an advanced practice registered 24 nurse, or a lactation consultant certified by the 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1606 IS International Board of Lactation Consultant 1 Examiners; and 2 (B) has a focus on maternal or perinatal 3 health. 4 (4) PERINATAL HEALTH WORKER.—The term 5 ‘‘perinatal health worker’’ means a nonclinical health 6 worker focused on maternal or perinatal health, such 7 as a doula, community health worker, peer sup- 8 porter, lactation educator or counselor, nutritionist 9 or dietitian, childbirth educator, social worker, home 10 visitor, patient navigator or coordinator, or language 11 interpreter. 12 (5) POSTPARTUM AND POSTPARTUM PERIOD.— 13 The terms ‘‘postpartum’’ and ‘‘postpartum period’’ 14 refer to the 1-year period beginning on the last day 15 of the pregnancy of an individual. 16 (6) PREGNANCY-ASSOCIATED DEATH.—The 17 term ‘‘pregnancy-associated death’’ means a death of 18 a pregnant or postpartum individual, by any cause, 19 that occurs during, or within 1 year following, the 20 individual’s pregnancy, regardless of the outcome, 21 duration, or site of the pregnancy. 22 (7) PREGNANCY-RELATED DEATH.—The term 23 ‘‘pregnancy-related death’’ means a death of a preg- 24 nant or postpartum individual that occurs during, or 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1606 IS within 1 year following, the individual’s pregnancy, 1 from a pregnancy complication, a chain of events 2 initiated by pregnancy, or the aggravation of an un- 3 related condition by the physiologic effects of preg- 4 nancy. 5 (8) RACIAL AND ETHNIC MINORITY GROUP.— 6 The term ‘‘racial and ethnic minority group’’ has the 7 meaning given such term in section 1707(g)(1) of 8 the Public Health Service Act (42 U.S.C. 300u– 9 6(g)(1)). 10 (9) SEVERE MATERNAL MORBIDITY.—The term 11 ‘‘severe maternal morbidity’’ means a health condi- 12 tion, including mental health conditions and sub- 13 stance use disorders, attributed to or aggravated by 14 pregnancy or childbirth that results in significant 15 short-term or long-term consequences to the health 16 of the individual who was pregnant. 17 (10) SOCIAL DETERMINANTS OF MATERNAL 18 HEALTH DEFINED.—The term ‘‘social determinants 19 of maternal health’’ means nonclinical factors that 20 impact maternal health outcomes. 21 SEC. 4. SENSE OF CONGRESS. 22 It is the sense of Congress that— 23 (1) the respect and proper care that birthing 24 people deserve is inclusive; and 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1606 IS (2) regardless of race, ethnicity, gender iden- 1 tity, sexual orientation, religion, marital status, pri- 2 mary language, familial status, socioeconomic status, 3 immigration status, incarceration status, or dis- 4 ability, all deserve dignity. 5 TITLE I—SOCIAL 6 DETERMINANTS FOR MOMS 7 SEC. 101. TASK FORCE TO ADDRESS THE UNITED STATES 8 MATERNAL HEALTH CRISIS. 9 (a) IN GENERAL.—The Secretary of Health and 10 Human Services shall convene a task force (in this section 11 referred to as the ‘‘Task Force’’) to develop strategies and 12 coordinate efforts between Federal agencies and other 13 stakeholders to eliminate preventable maternal mortality, 14 severe maternal morbidity, and maternal health disparities 15 in the United States, including actions to address clinical 16 and nonclinical causes of maternal mortality, severe ma- 17 ternal morbidity, and maternal health disparities. 18 (b) EX OFFICIO MEMBERS.—The ex officio members 19 of the Task Force shall consist of the following: 20 (1) The Secretary of Health and Human Serv- 21 ices (or a designee thereof). 22 (2) The Secretary of Housing and Urban Devel- 23 opment (or a designee thereof). 24 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1606 IS (3) The Secretary of Transportation (or a des- 1 ignee thereof). 2 (4) The Secretary of Agriculture (or a designee 3 thereof). 4 (5) The Secretary of Labor (or a designee 5 thereof). 6 (6) The Administrator of the Environmental 7 Protection Agency (or a designee thereof). 8 (7) The Assistant Secretary for the Administra- 9 tion for Children and Families (or a designee there- 10 of). 11 (8) The Administrator of the Centers for Medi- 12 care & Medicaid Services (or a designee thereof). 13 (9) The Director of the Indian Health Service 14 (or a designee thereof). 15 (10) The Director of the National Institutes of 16 Health (or a designee thereof). 17 (11) The Director of the Eunice Kennedy 18 Shriver National Institute of Child Health and 19 Human Development (or a designee thereof). 20 (12) The Administrator of the Health Re- 21 sources and Services Administration (or a designee 22 thereof). 23 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1606 IS (13) The Deputy Assistant Secretary for Minor- 1 ity Health of the Department of Health and Human 2 Services (or a designee thereof). 3 (14) The Deputy Assistant Secretary for Wom- 4 en’s Health of the Department of Health and 5 Human Services (or a designee thereof). 6 (15) The Director of the Centers for Disease 7 Control and Prevention (or a designee thereof). 8 (16) The Director of the Office on Violence 9 Against Women at the Department of Justice (or a 10 designee thereof). 11 (c) APPOINTED MEMBERS.—In addition to the ex 12 officio members of the Task Force, the Secretary of 13 Health and Human Services may appoint the following 14 members of the Task Force: 15 (1) Representatives of patients, to include— 16 (A) a representative of patients who have 17 suffered from severe maternal morbidity; or 18 (B) a representative of patients who is a 19 family member of an individual who suffered a 20 pregnancy-related death. 21 (2) Leaders of community-based organizations 22 that address maternal mortality, severe maternal 23 morbidity, and maternal health with a specific focus 24 on racial and ethnic disparities. In appointing such 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1606 IS leaders under this paragraph, the Secretary of 1 Health and Human Services shall give priority to in- 2 dividuals who are leaders of organizations led by in- 3 dividuals from demographic groups with elevated 4 rates of maternal mortality, severe maternal mor- 5 bidity, maternal health disparities, or other adverse 6 perinatal or childbirth outcomes. 7 (3) Perinatal health workers. 8 (4) A professionally and geographically diverse 9 panel of maternity care providers. 10 (5) Other maternal health stakeholders outside 11 of the Federal Government with expertise in mater- 12 nal health, including social determinants of maternal 13 health. 14 (d) 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 (e) TOPICS.—In developing strategies coordinating 18 efforts between Federal agencies and other stakeholders 19 to eliminate preventable maternal mortality, severe mater- 20 nal morbidity, and maternal health disparities in the 21 United States under this section, the Task Force may ad- 22 dress topics such as— 23 (1) addressing barriers that prevent individuals 24 from attending prenatal and postpartum appoint- 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1606 IS ments, accessing maternal health care services, or 1 accessing services and resources related to social de- 2 terminants of maternal health; 3 (2) increasing access to safe, stable, affordable, 4 and adequate housing for pregnant and postpartum 5 individuals and their famili [Text truncated for display. 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