House Passes Comprehensive Maternal Health Bill
June 20, 2024The Massachusetts House of Representatives today passed a comprehensive maternal health bill which creates a state licensure pathway for midwives and lactation consultants, encourages the creation of more freestanding birth centers, and mandates that certain health care professionals perform, and that health insurers provide, coverage for postpartum depression screenings.
“This legislation, which is the fourth significant health care bill that the House has passed this session, is the latest example of our ironclad commitment to increasing access to quality, affordable health care for all residents of Massachusetts,” said House Speaker Ronald J. Mariano (D-Quincy). “While the Commonwealth’s health care system is amongst the best in the world, inequities in maternal health remain prevalent, and certain aspects of care are woefully insufficient. That’s why the reforms included in this legislation are so important, as they will help to close racial inequities and improve maternal health care statewide. I want to thank Chair Marjorie Decker for her tireless work on this legislation, as well as the bill sponsors, and all my colleagues in the House, for recognizing the need for action on this critical issue.”
“This bill represents a commitment to strengthening and expanding access to maternal health care. This legislation responds to recommendations from the Special Commission on Racial Inequities in Maternal Health, helping to improve maternal health outcomes for all birthing families, particularly for families of color,” said Representative Marjorie C. Decker (D-Cambridge), House Chair of the Joint Committee on Public Health. “I continue to be grateful for Speaker Mariano's ongoing commitment to patient care and interest in developing a comprehensive maternal health bill. This bill will reduce racial disparities, close the gap in health inequities, save lives, and bring more joy and support to families across the Commonwealth.”
The legislation passed today creates a state license that midwives must receive in order to practice midwifery, and requires certain insurance providers, such as MassHealth, to cover midwifery services including prenatal care, childbirth, and postpartum care. The bill creates the Board of Registration in Midwifery within the Department of Public Health (DPH) to license and provide oversight of licensed midwives. Licensed midwives would be required to coordinate emergency care if needed and would also be able to issue prescriptions for certain drugs, under regulations to be promulgated by the Board and DPH.
“Today, I feel proud to stand with my colleagues in recognition of the autonomy of all birthing people to make important decisions about where they give birth – whether in a hospital, at home, or in a birthing center – and ensure that all parents feel strong, empowered, and in charge of their health at such a formative time in their lives,” said Representative Kay Khan (D-Newton), a sponsor of the bill. “In passing this historic maternal health package, we have further elevated the midwifery model of care and moved mountains toward addressing the needs of all birthing people in the Commonwealth, regardless of their race, ethnicity, or socioeconomic status. I am deeply grateful to the unwavering commitment of the Speaker, Chair Aaron Michlewitz, Chair Marjorie Decker, Chair John Lawn, as well as my determined co-lead: Rep. Brandy Fluker Oakley. Uplifting the midwifery care model in the Commonwealth has been an uphill battle spanning several decades and could not have been achieved without the voices of countless community advocates, self-advocates, and midwifery experts.”
"This is a monumental moment for birthing equity and justice in our Commonwealth,” said Representative Brandy Fluker Oakley (D-Mattapan), a sponsor of the bill. “This legislation would allow midwife professionals to obtain licensure, expanding their practice and giving Massachusetts families greater autonomy in childbirth. Importantly, it addresses equity by improving outcomes for Black and Latina women, who face higher rates of maternal morbidity and mortality. Given recent closures of birth centers and hospital delivery wards, more licensed midwives will ensure every family has access to high-quality, culturally congruent care close to home."
The bill passed today encourages the creation of more freestanding birth centers, which operate independent from hospital systems, by requiring DPH to promulgate updated regulations governing the licensure of freestanding birth centers to ensure safe, equitable, and accessible birth options.
"I want to express my gratitude to Speaker Mariano for putting forward a comprehensive maternal health package that will significantly improve health care for patients and providers across Massachusetts. By expanding access to midwifery care, birthing centers, and other maternal health options for families, the House, is tackling the systematic inequities that disproportionately negatively impact low income, and BIPOC communities,” said Representative Manny Cruz (D-Salem), a sponsor of the bill. "Both of my children, and our family had the privilege of being cared for by midwives at the North Shore Birthing Center and at Salem Hospital. This legislation includes critical protections for birthing centers that will ensure they can both remain open and scale up, and this becomes an option for all families and patients.”
“It is an honor to be able to work with the Speaker and our leadership team to uplift more opportunities for individuals and families to have birthing experiences that are unique to what’s best for their health,” said Representative Chynah Tyler (D-Boston), a sponsor of the bill. “We do our best to provide the best possible health care as leaders of this Commonwealth and this bill is a great example of how we can do that for birthing people.”
The bill passed today also requires that MassHealth cover noninvasive prenatal screenings to detect whether a pregnancy is at increased risk for chromosomal abnormalities for all pregnant patients regardless of age, baseline risk, or family history. To better support new mothers in their feeding journeys, the bill also authorizes the Board of Allied Health Professionals to license lactation consultants to ensure their services are eligible for reimbursement through the patient’s insurance.
The bill passed today requires DPH to conduct a public awareness campaign about perinatal mood and anxiety disorders, and to develop and maintain a digital resource center that will be available to the public. It also requires that new mothers be offered a screening for postpartum depression, and that those services be covered by health insurance plans.
"H4773 is a significant legislative step in addressing perinatal mood disorders in Massachusetts. This bill provides crucial support for new parents by improving access to comprehensive mental health care during the perinatal period,” said Representative Jim O'Day (D-West Boylston), Fourth Division Chair and a sponsor of the bill. “By focusing on early detection and intervention, we can ensure better health outcomes for both parents and their babies. This legislation is vital for fostering healthier families and communities, particularly for those most vulnerable to perinatal mood disorders."
“Today marks a monumental step to ensure that postpartum depression can be identified before this treatable condition leads to a devastating outcome,” said Representative Carole A. Fiola (D-Fall River), a sponsor of the bill. “We've heard from mothers who have suffered alone but will now have medical professionals who will not only identify this very prevalent mental health concern, but also provide support and resources for them. Postpartum depression is vastly underdiagnosed, but this expanded screening coverage will significantly improve treatment access and improve maternal health outcomes. I would like to thank Speaker Mariano, Chair Michlewitz, Chair Lawn and Chair Decker for their incredible work in improving health care for women. I would also like to thank the Women’s Caucus and the Ellen Story Commission on Postpartum Depression for advocating on these issues and prioritizing the health and wellness of mothers.”
Additionally, the bill requires DPH to develop and disseminate public information about pregnancy loss to the public and perinatal health care workers to prioritize the physical and mental health care of patients affected. It also requires DPH to establish a program to conduct fetal and infant mortality reviews (FIMR) to identify social, economic, and systems level factors associated with fetal and infant deaths and inform public health policy programs. The bill also includes, via an amendment sponsored by Representative Sabadosa, a provision that will allow Massachusetts residents to use earned paid sick time in the event of a pregnancy loss.
“Pregnancy loss is extremely common and affects one in four pregnancies. It can be both physically and emotionally challenging, and, currently, there are insufficient resources for those who need assistance,” said Representative Lindsay N. Sabadosa (D-Northampton), a sponsor of the bill. “This provision of the legislation would direct the Department of Public Health Commissioner to ensure all providers are up-to-date on the scope of both the mental and physical implications that can come with pregnancy loss as well as the best treatments. It also requires the Department to collect data to improve available treatments. I want to express my deepest thanks to Speaker Mariano, to Chairman Michlewitz, and to Chairs Decker and Lawn for recognizing the importance of this issue and for their continued leadership.”
“Today we are making a commitment to ensuring that every mother receives the care and support they need before, during and after childbirth,” said Representative Patricia A. Haddad (D-Somerset), a sponsor of the bill. “We are taking steps to eliminate the causes of infant mortality and improving maternal health outcomes of pregnancies for all birthing persons. This legislation tackles the root causes of maternal deaths and delivery complications. Losing an infant is devastating for parents, families and communities and can result in extreme and persistent sadness that does not get better with time. I am proud of my colleagues in the House and thank them for supporting this legislation and prioritizing the well-being of mothers and their infants.”
The bill passed today establishes a nine-member task force to study the current availability of, and access to, maternal health services and care, as well as essential service closures of inpatient maternity units and acute-level birthing centers. The task force will identify methods of increasing financial investment in, and patient access to, maternal health care in the Commonwealth.
Having passed the House of Representatives 153-0, the bill now goes to the Senate for its consideration.