Black Maternal Health Momnibus Act

I 118TH CONGRESS 1ST SESSION H. R. 3305 To end preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Ms. UNDERWOOD (for herself, Ms. ADAMS, Mr. AGUILAR, Mr. ALLRED, Mr. AUCHINCLOSS, Ms. BALINT, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BERA, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, Ms. BROWN, Ms. BROWNLEY, Ms. BUDZINSKI, Ms. BUSH, Ms. CARAVEO, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CARSON, Mr. CARTER of Louisiana, Mr. CASTEN, Ms. CASTOR of Florida, Mrs. CHERFILUS-MCCORMICK, Ms. CHU, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr. COHEN, Mr. CONNOLLY, Mr. COURTNEY, Ms. CRAIG, Ms. CROCKETT, Mr. CROW, Ms. DAVIDS of Kansas, Mr. DAVIS of Illinois, Mr. DAVIS of North Carolina, Ms. DEAN of Pennsylvania, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. DELUZIO, Mr. DESAULNIER, Mrs. DIN- GELL, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. FOSTER, Mrs. FOUSHEE, Ms. LOIS FRANKEL of Florida, Mr. FROST, Mr. GALLEGO, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. ROBERT GARCIA of California, Mr. GARCI´A of Illinois, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. HIGGINS of New York, Mr. HORSFORD, Ms. HOULAHAN, Mr. HOYER, Mr. HUFFMAN, Mr. IVEY, Mr. JACKSON of North Carolina, Mr. JACKSON of Illinois, Ms. JACOBS, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Ms. KAPTUR, Mr. KEATING, Mr. KHANNA, Mr. KIL- DEE, Mr. KILMER, Mr. KIM of New Jersey, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mr. LANDSMAN, Mr. LARSEN of Washington, Ms. LEE of Penn- sylvania, Ms. LEE of California, Ms. JACKSON LEE, Ms. LEGER FERNANDEZ, Mr. LEVIN, Mr. LIEU, Ms. LOFGREN, Mr. LYNCH, Mr. MAGAZINER, Ms. MANNING, Ms. MATSUI, Mrs. MCBATH, Mrs. MCCLEL- LAN, Ms. MCCOLLUM, Mr. MCGARVEY, Mr. MCGOVERN, Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, Mr. MFUME, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOSKOWITZ, Mr. MOULTON, Mr. MRVAN, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PANETTA, Mr. PAPPAS, Mr. PASCRELL, Mr. PAYNE, Ms. PELOSI, Mrs. PELTOLA, Ms. PETTERSEN, Mr. PHILLIPS, Ms. PINGREE, Ms. PLASKETT, Mr. POCAN, VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3305 IH Ms. PORTER, Ms. PRESSLEY, Mr. QUIGLEY, Mrs. RAMIREZ, Mr. RASKIN, Ms. ROSS, Mr. RUIZ, Mr. RUPPERSBERGER, Ms. SALINAS, Mr. SAR- BANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Ms. SCHRIER, Mr. SCOTT of Virginia, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Ms. SLOTKIN, Mr. SMITH of Washington, Mr. SORENSEN, Mr. SOTO, Ms. SPANBERGER, Ms. STANSBURY, Mr. STAN- TON, Ms. STEVENS, Ms. STRICKLAND, Mr. SWALWELL, Mrs. SYKES, Mr. TAKANO, Mr. THANEDAR, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Commit- tees on Education and the Workforce, Veterans’ Affairs, Natural Re- sources, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Sense of Congress. TITLE I—SOCIAL DETERMINANTS FOR MOMS VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3305 IH 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. 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 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. VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3305 IH 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 (1) CULTURALLY AND LINGUISTICALLY CON- 3 GRUENT.—The term ‘‘culturally and linguistically 4 congruent’’, with respect to care or maternity care, 5 means care that is in agreement with the preferred 6 cultural values, beliefs, worldview, language, and 7 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3305 IH practices of the health care consumer and other 1 stakeholders. 2 (2) MATERNAL MORTALITY.—The term ‘‘mater- 3 nal mortality’’ means a death occurring during or 4 within a 1-year period after pregnancy, caused by 5 pregnancy-related or childbirth complications, in- 6 cluding a suicide, overdose, or other death resulting 7 from a mental health or substance use disorder at- 8 tributed to or aggravated by pregnancy-related or 9 childbirth complications. 10 (3) MATERNITY CARE PROVIDER.—The term 11 ‘‘maternity care provider’’ means a health care pro- 12 vider who— 13 (A) is a physician, a physician assistant, a 14 midwife who meets, at a minimum, the inter- 15 national definition of a midwife and global 16 standards for midwifery education as estab- 17 lished by the International Confederation of 18 Midwives, an advanced practice registered 19 nurse, or a lactation consultant certified by the 20 International Board of Lactation Consultant 21 Examiners; and 22 (B) has a focus on maternal or perinatal 23 health. 24 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3305 IH (4) PERINATAL HEALTH WORKER.—The term 1 ‘‘perinatal health worker’’ means a nonclinical health 2 worker focused on maternal or perinatal health, such 3 as a doula, community health worker, peer sup- 4 porter, lactation educator or counselor, nutritionist 5 or dietitian, childbirth educator, social worker, home 6 visitor, patient navigator or coordinator, or language 7 interpreter. 8 (5) POSTPARTUM AND POSTPARTUM PERIOD.— 9 The terms ‘‘postpartum’’ and ‘‘postpartum period’’ 10 refer to the 1-year period beginning on the last day 11 of the pregnancy of an individual. 12 (6) PREGNANCY-ASSOCIATED DEATH.—The 13 term ‘‘pregnancy-associated death’’ means a death of 14 a pregnant or postpartum individual, by any cause, 15 that occurs during, or within 1 year following, the 16 individual’s pregnancy, regardless of the outcome, 17 duration, or site of the pregnancy. 18 (7) PREGNANCY-RELATED DEATH.—The term 19 ‘‘pregnancy-related death’’ means a death of a preg- 20 nant or postpartum individual that occurs during, or 21 within 1 year following, the individual’s pregnancy, 22 from a pregnancy complication, a chain of events 23 initiated by pregnancy, or the aggravation of an un- 24 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3305 IH related condition by the physiologic effects of preg- 1 nancy. 2 (8) RACIAL AND ETHNIC MINORITY GROUP.— 3 The term ‘‘racial and ethnic minority group’’ has the 4 meaning given such term in section 1707(g)(1) of 5 the Public Health Service Act (42 U.S.C. 300u– 6 6(g)(1)). 7 (9) SEVERE MATERNAL MORBIDITY.—The term 8 ‘‘severe maternal morbidity’’ means a health condi- 9 tion, including mental health conditions and sub- 10 stance use disorders, attributed to or aggravated by 11 pregnancy or childbirth that results in significant 12 short-term or long-term consequences to the health 13 of the individual who was pregnant. 14 (10) SOCIAL DETERMINANTS OF MATERNAL 15 HEALTH.—The term ‘‘social determinants of mater- 16 nal health’’ means nonclinical factors that impact 17 maternal health outcomes. 18 SEC. 4. SENSE OF CONGRESS. 19 It is the sense of Congress that— 20 (1) the respect and proper care that birthing 21 people deserve is inclusive; and 22 (2) regardless of race, ethnicity, gender iden- 23 tity, sexual orientation, religion, marital status, pri- 24 mary language, familial status, socioeconomic status, 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3305 IH immigration status, incarceration status, or dis- 1 ability, all deserve dignity. 2 TITLE I—SOCIAL 3 DETERMINANTS FOR MOMS 4 SEC. 101. TASK FORCE TO ADDRESS THE UNITED STATES 5 MATERNAL HEALTH CRISIS. 6 (a) IN GENERAL.—The Secretary of Health and 7 Human Services shall convene a task force (in this section 8 referred to as the ‘‘Task Force’’) to develop strategies and 9 coordinate efforts between Federal agencies and other 10 stakeholders to eliminate preventable maternal mortality, 11 severe maternal morbidity, and maternal health disparities 12 in the United States, including actions to address clinical 13 and nonclinical causes of maternal mortality, severe ma- 14 ternal morbidity, and maternal health disparities. 15 (b) EX OFFICIO MEMBERS.—The ex officio members 16 of the Task Force shall consist of the following: 17 (1) The Secretary of Health and Human Serv- 18 ices (or a designee thereof). 19 (2) The Secretary of Housing and Urban Devel- 20 opment (or a designee thereof). 21 (3) The Secretary of Transportation (or a des- 22 ignee thereof). 23 (4) The Secretary of Agriculture (or a designee 24 thereof). 25 VerDate Sep 11 2014 03:07 May 26, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3305.IH H3305 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3305 IH (5) The Secretary of Labor (or a designee 1 thereof). 2 (6) The Administrator of the Environmental 3 Protection Agency (or a designee thereof). 4 (7) The Assistant Secretary for the Administra- 5 tion for Children and Families (or a designee there- 6 of). 7 (8) The Administrator of the Centers for Medi- 8 care & Medicaid Services (or a designee thereof). 9 (9) The Director of the Indian Health Service 10 (or a designee thereof). 11 (10) The Director of the National Institutes of 12 Health (or a designee thereof). 13 (11) The Director of the Eunice Kennedy 14 Shriver National Institute of Child Health and 15 Human Development (or a designee thereof). 16 (12) The Administrator of the Health Re- 17 sources and Services Administration (or a designee 18 thereof). 19 (13) The Deputy Assistant Secretary for Minor- 20 ity Health of the Department of Health and Human 21 Services (or a designee thereof). 22 (14) The Deputy Assistant Secretary for Wom- 23 en’s Health of the Department of Health and 24 Human Services (or a designee thereof). 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