Data to Save Moms Act

I 118TH CONGRESS 1ST SESSION H. R. 3320 To amend the Public Health Service Act to improve maternal health data collection processes and quality measures, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Ms. DAVIDS of Kansas (for herself, Ms. UNDERWOOD, Mr. AGUILAR, Mr. ALLRED, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BROWNLEY, Ms. BUDZINSKI, Ms. BUSH, Ms. CARAVEO, Mr. CARBAJAL, Mr. CARSON, Mr. CARTER of Louisiana, Mrs. CHERFILUS-MCCORMICK, Ms. CLARKE of New York, Mr. CLEAVER, Mr. COHEN, Ms. CRAIG, Ms. CROCKETT, Mr. DAVIS of Illinois, Ms. DEAN of Pennsylvania, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Mrs. FOUSHEE, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. GREEN of Texas, Mrs. HAYES, Mr. HORSFORD, Mr. HUFFMAN, Mr. IVEY, Mr. JACKSON of Illinois, Ms. JACKSON LEE, Ms. JACOBS, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Mr. KRISHNAMOORTHI, Ms. KUSTER, Ms. LEE of Cali- fornia, Mr. LIEU, Ms. LOFGREN, Mrs. MCBATH, Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MEEKS, Ms. MENG, Mr. MFUME, Mr. MORELLE, Mr. MOULTON, Ms. MOORE of Wisconsin, Mr. MRVAN, Mr. MULLIN, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. OCASIO-CORTEZ, Mr. PAPPAS, Mr. PAYNE, Mr. PHILLIPS, Ms. PORTER, Ms. PRESSLEY, Mr. RUPPERSBERGER, Ms. SALINAS, Ms. SCANLON, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. STANSBURY, Ms. STRICKLAND, Mrs. SYKES, Mr. TAKANO, Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILLIAMS of Georgia, Mr. PASCRELL, Ms. DELBENE, and Mr. LYNCH) introduced the following bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Natural Resources, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3320 IH A BILL To amend the Public Health Service Act to improve maternal health data collection processes and quality measures, 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 ‘‘Data to Save Moms 4 Act’’. 5 SEC. 2. FUNDING FOR MATERNAL MORTALITY REVIEW 6 COMMITTEES TO PROMOTE REPRESENTA- 7 TIVE COMMUNITY ENGAGEMENT. 8 (a) IN GENERAL.—Section 317K(d) of the Public 9 Health Service Act (42 U.S.C. 247b–12(d)) is amended 10 by adding at the end the following: 11 ‘‘(9) GRANTS TO PROMOTE REPRESENTATIVE 12 COMMUNITY ENGAGEMENT IN MATERNAL MOR- 13 TALITY REVIEW COMMITTEES.— 14 ‘‘(A) IN GENERAL.—The Secretary may, 15 using funds made available pursuant to sub- 16 paragraph (C), provide assistance to an applica- 17 ble maternal mortality review committee of a 18 State, Indian Tribe, Tribal organization, or 19 Urban Indian organization (as such terms are 20 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3320 IH defined in section 4 of the Indian Health Care 1 Improvement Act)— 2 ‘‘(i) to select for inclusion in the mem- 3 bership of such a committee community 4 members from the State, Indian Tribe, 5 Tribal organization, or Urban Indian orga- 6 nization by— 7 ‘‘(I) prioritizing community mem- 8 bers who can increase the diversity of 9 the committee’s membership with re- 10 spect to race and ethnicity, location, 11 personal or family experiences of ma- 12 ternal mortality or severe maternal 13 morbidity, and professional back- 14 ground, including members with non- 15 clinical experiences; and 16 ‘‘(II) to the extent applicable, 17 using funds reserved under subsection 18 (f), to address barriers to maternal 19 mortality review committee participa- 20 tion for community members, includ- 21 ing required training, transportation 22 barriers, compensation, and other sup- 23 ports as may be necessary; 24 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3320 IH ‘‘(ii) to establish initiatives to conduct 1 outreach and community engagement ef- 2 forts within communities throughout the 3 State or Tribe to seek input from commu- 4 nity members on the work of such mater- 5 nal mortality review committee, with a par- 6 ticular focus on outreach to women from 7 racial and ethnic minority groups (as such 8 term is defined in section 1707(g)(1)); and 9 ‘‘(iii) to release public reports assess- 10 ing— 11 ‘‘(I) the pregnancy-related death 12 and pregnancy-associated death review 13 processes of the maternal mortality 14 review committee, with a particular 15 focus on the maternal mortality re- 16 view committee’s sensitivity to the 17 unique circumstances of pregnant and 18 postpartum individuals from racial 19 and ethnic minority groups (as such 20 term is defined in section 1707(g)(1)) 21 who have suffered pregnancy-related 22 deaths; and 23 ‘‘(II) the impact of the use of 24 funds made available pursuant to sub- 25 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3320 IH paragraph (C) on increasing the diver- 1 sity of the maternal mortality review 2 committee membership and promoting 3 community engagement efforts 4 throughout the State or Tribe. 5 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec- 6 retary shall provide (either directly through the 7 Department of Health and Human Services or 8 by contract) technical assistance to any mater- 9 nal mortality review committee receiving a 10 grant under this paragraph on best practices 11 for increasing the diversity of the maternal 12 mortality review committee’s membership and 13 for conducting effective community engagement 14 throughout the State or Tribe. 15 ‘‘(C) AUTHORIZATION OF APPROPRIA- 16 TIONS.—In addition to any funds made avail- 17 able under subsection (f), there is authorized to 18 be appropriated to carry out this paragraph 19 $10,000,000 for each of fiscal years 2024 20 through 2028.’’. 21 (b) RESERVATION OF FUNDS.—Section 317K(f) of 22 the Public Health Service Act (42 U.S.C. 247b–12(f)) is 23 amended by adding at the end the following: ‘‘Of the 24 amount made available under the preceding sentence for 25 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3320 IH a fiscal year, not less than $1,500,000 shall be reserved 1 for grants to Indian Tribes, Tribal organizations, or 2 Urban Indian organizations (as those terms are defined 3 in section 4 of the Indian Health Care Improvement 4 Act)’’. 5 SEC. 3. DATA COLLECTION AND REVIEW. 6 Section 317K(d)(3)(A)(i) of the Public Health Serv- 7 ice Act (42 U.S.C. 247b–12(d)(3)(A)(i)) is amended— 8 (1) by redesignating subclauses (II) and (III) 9 as subclauses (V) and (VI), respectively; and 10 (2) by inserting after subclause (I) the fol- 11 lowing: 12 ‘‘(II) to the extent practicable, 13 reviewing cases of severe maternal 14 morbidity, according to the most up- 15 to-date indicators; 16 ‘‘(III) to the extent practicable, 17 reviewing deaths during pregnancy or 18 up to 1 year after the end of a preg- 19 nancy from suicide, overdose, or other 20 death from a mental health condition 21 or substance use disorder attributed 22 to or aggravated by pregnancy or 23 childbirth complications; 24 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3320 IH ‘‘(IV) to the extent practicable, 1 consulting with local community-based 2 organizations representing pregnant 3 and postpartum individuals from de- 4 mographic groups with elevated rates 5 of maternal mortality, severe maternal 6 morbidity, maternal health disparities, 7 or other adverse perinatal or child- 8 birth outcomes to ensure that, in ad- 9 dition to clinical factors, nonclinical 10 factors that might have contributed to 11 a pregnancy-related death are appro- 12 priately considered;’’. 13 SEC. 4. REVIEW OF MATERNAL HEALTH DATA COLLECTION 14 PROCESSES AND QUALITY MEASURES. 15 (a) IN GENERAL.—The Secretary of Health and 16 Human Services, acting through the Administrator of the 17 Centers for Medicare & Medicaid Services and the Direc- 18 tor of the Agency for Healthcare Research and Quality, 19 shall consult with relevant stakeholders— 20 (1) to review existing maternal health data col- 21 lection processes and quality measures; and 22 (2) to make recommendations to improve such 23 processes and measures, including topics described 24 under subsection (c). 25 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3320 IH (b) COLLABORATION.—In carrying out this section, 1 the Secretary shall consult with a diverse group of mater- 2 nal health stakeholders, which may include— 3 (1) pregnant and postpartum individuals and 4 their family members, and nonprofit organizations 5 representing such individuals, with a particular focus 6 on patients from racial and ethnic minority groups; 7 (2) community-based organizations that provide 8 support for pregnant and postpartum individuals, 9 with a particular focus on patients from demo- 10 graphic groups with elevated rates of maternal mor- 11 tality, severe maternal morbidity, maternal health 12 disparities, or other adverse perinatal or childbirth 13 outcomes; 14 (3) membership organizations for maternity 15 care providers; 16 (4) organizations representing perinatal health 17 workers; 18 (5) organizations that focus on maternal mental 19 or behavioral health; 20 (6) organizations that focus on intimate partner 21 violence; 22 (7) institutions of higher education, with a par- 23 ticular focus on minority-serving institutions; 24 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3320 IH (8) licensed and accredited hospitals, birth cen- 1 ters, midwifery practices, or other facilities that pro- 2 vide maternal health care services; 3 (9) relevant State and local public agencies, in- 4 cluding State maternal mortality review committees; 5 and 6 (10) the National Quality Forum, or such other 7 standard-setting organizations specified by the Sec- 8 retary. 9 (c) TOPICS.—The review of maternal health data col- 10 lection processes and recommendations to improve such 11 processes and measures required under subsection (a) 12 shall assess all available relevant information, including 13 information from State-level sources, and shall consider at 14 least the following: 15 (1) Current State and Tribal practices for ma- 16 ternal health, maternal mortality, and severe mater- 17 nal morbidity data collection and dissemination, in- 18 cluding consideration of— 19 (A) the timeliness of processes for amend- 20 ing a death certificate when new information 21 pertaining to the death becomes available to re- 22 flect whether the death was a pregnancy-related 23 death; 24 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3320 IH (B) relevant data collected with electronic 1 health records, including data on race, eth- 2 nicity, primary language, socioeconomic status, 3 geography, insurance type, and other relevant 4 demographic information; 5 (C) maternal health data collected and 6 publicly reported by hospitals, health systems, 7 midwifery practices, and birth centers; 8 (D) the barriers preventing States from 9 correlating maternal outcome data with data on 10 race, ethnicity, and other demographic charac- 11 teristics; 12 (E) processes for determining the cause of 13 a pregnancy-associated death in States that do 14 not have a maternal mortality review com- 15 mittee; 16 (F) whether maternal mortality review 17 committees include multidisciplinary and di- 18 verse membership (as described in section 19 317K(d)(1)(A) of the Public Health Service Act 20 (42 U.S.C. 247b–12(d)(1)(A))); 21 (G) whether members of maternal mor- 22 tality review committees participate in trainings 23 on bias, racism, or discrimination, and the qual- 24 ity of such trainings; 25 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3320 IH (H) the extent to which States have imple- 1 mented systematic processes of listening to the 2 stories of pregnant and postpartum individuals 3 and their family members, with a particular 4 focus on pregnant and postpartum individuals 5 from demographic groups with elevated rates of 6 maternal mortality, severe maternal morbidity, 7 maternal health disparities, or other adverse 8 perinatal or childbirth outcomes, and their fam- 9 ily members, to fully understand the causes of, 10 and inform potential solutions to, the maternal 11 mortality and severe maternal morbidity crisis 12 within their respective States; 13 (I) the extent to which maternal mortality 14 review committees are considering social deter- 15 minants of maternal health when examining the 16 causes of pregnancy-associated and pregnancy- 17 related deaths; 18 (J) the extent to which maternal mortality 19 review committees are making actionable rec- 20 ommendations based on their reviews of adverse 21 maternal health outcomes and the extent to 22 which such recommendations are being imple- 23 mented by appropriate stakeholders; 24 VerDate Sep 11 2014 00:53 May 30, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3320.IH H3320 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3320 IH (K) the legal and administrative barriers 1 preventing the collection, collation, and dissemi- 2 nation of State maternity care data; 3 (L) the effectiveness of data collection and 4 reporting processes in separating pregnancy-as- 5 sociated deaths from pregnancy-related deaths; 6 and 7 (M) the current Federal, State, local, and 8 Tribal funding support for the activities re- 9 ferred to in subparagraphs (A) through (L). 10 (2) Whether the funding support referred to in 11 p [Text truncated for display. Full text available on Congress.gov.]