Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act
A BILL
To amend titles XIX and XXI of the Social Security Act to improve Medicaid and the Children's Health Insurance Program for low-income mothers.
2. Enhancing Medicaid and CHIP benefits for low-income pregnant women
“(5) Any woman who is eligible for medical assistance under the State plan or a waiver of such plan and who is, or who while so eligible becomes, pregnant, shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the 365-day period (beginning on the last day of her pregnancy) ends, regardless of the basis for the woman's eligibility for medical assistance, including if the woman's eligibility for medical assistance is on the basis of being pregnant.”
“(H) Section 1902(e)(5) (requiring 365-day continuous coverage for pregnant and postpartum women).”
“(ff) Oral health services for pregnant and postpartum women
“(1) In general—For purposes of this title, the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to a woman during pregnancy (or during the 365-day period beginning on the last day of the pregnancy).
“(2) Coverage requirements—To satisfy the requirement to provide oral health services for pregnant and postpartum women, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists.”
“(qq) Maintenance of effort related to low-Income pregnant women—For calendar quarters beginning on or after the date of enactment of this subsection, and before January 1, 2023, no Federal payment shall be made to a State under section 1903(a) for amounts expended under a State plan under this title or a waiver of such plan if the State—
“(1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for individuals described in subsection (l)(1) who are eligible for medical assistance under the State plan or waiver under subsection (a)(10)(A)(ii)(IX) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, for such individuals under such plan or waiver that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act; or
“(2) provides medical assistance to individuals described in subsection (l)(1) who are eligible for medical assistance under such plan or waiver under subsection (a)(10)(A)(ii)(IX) at a level that is less than the level at which the State provides such assistance to such individuals under such plan or waiver on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.”
“(g) Maintenance of effort—For calendar quarters beginning on or after January 1, 2020, and before January 1, 2023, no payment may be made under section 2105(a) with respect to a State child health plan if the State—
“(1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for targeted low-income pregnant women that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act; or
“(2) provides pregnancy-related assistance to targeted low-income pregnant women under such plan at a level that is less than the level at which the State provides such assistance to such women under such plan on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.”
“(gg) Increased FMAP for additional expenditures for low-Income pregnant women—For calendar quarters beginning on or after January 1, 2020, notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to the additional amounts expended by such State for medical assistance under the State plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act (as determined by the Secretary), shall be equal to 100 percent.”
3. Maternity care home demonstration project
“1947. Maternity care home demonstration project
“(a) In general—Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a demonstration project (in this section referred to as the demonstration project) under which the Secretary shall provide grants to States to enter into arrangements with eligible entities to implement or expand a maternity care home model for eligible individuals.
“(b) Definitions—In this section:
“(1) Eligible entity—The term eligible entity means an entity or organization that provides medically accurate, comprehensive maternity services to individuals who are eligible for medical assistance under a State plan under this title or a waiver of such a plan, and may include:
“(A) A freestanding birth center.
“(B) An entity or organization receiving assistance under section 330 of the Public Health Service Act.
“(C) A federally qualified health center.
“(D) A rural health clinic.
“(E) A health facility operated by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act).
“(2) Eligible individual—The term eligible individual means a pregnant woman or a formerly pregnant woman during the 365-day period beginning on the last day of her pregnancy who is—
“(A) enrolled in a State plan under this title, a waiver of such a plan, or a State child health plan under title XXI; and
“(B) a patient of an eligible entity which has entered into an arrangement with a State under subsection (g).
“(c) Goals of demonstration project—The goals of the demonstration project are the following:
“(1) To improve—
“(A) maternity and infant care outcomes;
“(B) health equity;
“(C) communication by maternity, infant care, and social services providers;
“(D) integration of perinatal support services, including community health workers, doulas, social workers, public health nurses, peer lactation counselors, childbirth educators, and others, into health care entities and organizations;
“(E) care coordination between maternity, infant care, oral health care, and social services providers within the community;
“(F) the quality and safety of maternity and infant care;
“(G) the experience of women receiving maternity care, including by increasing the ability of a woman to develop and follow her own birthing plan; and
“(H) access to adequate prenatal and postpartum care, including—
“(i) prenatal care that is initiated in a timely manner;
“(ii) not fewer than 2 post-pregnancy visits to a maternity care provider; and
“(iii) interpregnancy care.
“(2) To provide coordinated, evidence-based maternity care management.
“(3) To decrease—
“(A) severe maternal morbidity and maternal mortality;
“(B) overall health care spending;
“(C) unnecessary emergency department visits;
“(D) disparities in maternal and infant care outcomes, including racial, economic, and geographical disparities;
“(E) racial bias among health care professionals;
“(F) the rate of cesarean deliveries for low-risk pregnancies;
“(G) the rate of preterm births and infants born with low birth weight; and
“(H) the rate of avoidable maternal and newborn hospitalizations and admissions to intensive care units.
“(d) Consultation—In designing and implementing the demonstration project the Secretary shall consult with stakeholders, including—
“(1) States;
“(2) organizations representing relevant health care professionals, including oral health care professionals;
“(3) organizations representing consumers, including consumers that are disproportionately impacted by poor maternal health outcomes;
“(4) representatives with experience implementing other maternity care home models, including representatives from the Center for Medicare and Medicaid Innovation;
“(5) community-based health care professionals, including doulas, and other stakeholders; and
“(6) experts in promoting health equity and combating racial bias in health care settings.
“(e) Application and selection of States
“(1) In general—A State seeking to participate in the demonstration project shall submit an application to the Secretary at such time and in such manner as the Secretary shall require.
“(2) Selection of States
“(A) In general—The Secretary may select 15 States to participate in the demonstration project.
“(B) Selection requirements—In selecting States to participate in the demonstration project, the Secretary shall—
“(i) ensure that there is geographic diversity in the areas in which activities will be carried out under the project; and
“(ii) ensure that States with significant disparities in maternal and infant health outcomes, including severe maternal morbidity, and other disparities based on race, income, or access to maternity care, are included.
“(f) Grants
“(1) In general—From amounts appropriated under subsection (l), the Secretary shall award 1 grant for each year of the demonstration project to each State that is selected to participate in the demonstration project.
“(2) Use of grant funds—A State may use funds received under this section to—
“(A) award grants or make payments to eligible entities as part of an arrangement described in subsection (g)(2);
“(B) provide financial incentives to health care professionals, including community health workers and community-based doulas, who participate in the State's maternity care home model;
“(C) provide adequate training for health care professionals, including community health workers, doulas, and care coordinators, who participate in the State's maternity care home model, which may include training for cultural competency, racial bias, health equity, reproductive and birth justice, home visiting skills, and respectful communication and listening skills, particularly in regards to maternal health;
“(D) pay for personnel and administrative expenses associated with designing, implementing, and operating the State's maternity care home model;
“(E) pay for items and services that are furnished under the State's maternity care home model and for which payment is otherwise unavailable under this title; and
“(F) pay for other costs related to the State's maternity care home model, as determined by the Secretary.
“(3) Grant for national independent evaluator
“(A) In general—From the amounts appropriated under subsection (l), prior to awarding any grants under paragraph (1), the Secretary shall enter into a contract with a national external entity to create a single, uniform process to—
“(i) ensure that States that receive grants under paragraph (1) comply with the requirements of this section; and
“(ii) evaluate the outcomes of the demonstration project in each participating State.
“(B) Annual report—The contract described in subparagraph (A) shall require the national external entity to submit to the Secretary—
“(i) a yearly evaluation report for each year of the demonstration project; and
“(ii) a final impact report after the demonstration project has concluded.
“(C) Secretary's authority—Nothing in this paragraph shall prevent the Secretary from making a determination that a State is not in compliance with the requirements of this section without the national external entity making such a determination.
“(g) Partnership with eligible entities
“(1) In general—As a condition of receiving a grant under this section, a State shall enter into an arrangement with one or more eligible entities that meets the requirements of paragraph (2).
“(2) Arrangements with eligible entities—Under an arrangement between a State and an eligible entity under this subsection, the eligible entity shall perform the following functions, with respect to eligible individuals enrolled with the entity under the State's maternity care home model—
“(A) provide culturally competent care, which may include prenatal care, family planning services, medical care, mental and behavioral care, postpartum care, and oral health care to such eligible individuals through a team of health care professionals, which may include obstetrician-gynecologists, maternal-fetal medicine specialists, family physicians, primary care providers, oral health providers, physician assistants, advanced practice registered nurses such as nurse practitioners and certified nurse midwives, certified midwives, certified professional midwives, social workers, traditional and community-based doulas, lactation consultants, childbirth educators, community health workers, and other health care professionals;
“(B) conduct a risk assessment of each such eligible individual to determine if her pregnancy is high or low risk, and establish a tailored pregnancy care plan, which takes into consideration the individual's own preferences and pregnancy care and birthing plans and determines the appropriate support services to reduce the individual's medical, social, and environmental risk factors, for each such eligible individual based on the results of such risk assessment;
“(C) assign each such eligible individual to a care coordinator, which may be a nurse, social worker, traditional or community-based doula, community health worker, midwife, or other health care provider, who is responsible for ensuring that such eligible individual receives the necessary medical care and connections to essential support services;
“(D) provide, or arrange for the provision of, essential support services, such as services that address—
“(i) nutrition and exercise;
“(ii) smoking cessation;
“(iii) substance use disorder and addiction treatment;
“(iv) anxiety, depression, and other mental and behavioral health issues;
“(v) breast feeding initiation, continuation, and duration;
“(vi) housing;
“(vii) transportation;
“(viii) intimate partner violence;
“(ix) home visiting services;
“(x) childbirth education;
“(xi) oral health education;
“(xii) continuous labor support; and
“(xiii) group prenatal care;
“(E) as appropriate, facilitate connections to a usual primary care provider, which may be a women's health provider;
“(F) refer to guidelines and opinions of medical associations when determining whether an elective delivery should be performed on an eligible individual before 39 weeks of gestation;
“(G) provide such eligible individuals with evidence-based education and resources to identify potential warning signs of pregnancy and postpartum complications and when and how to obtain medical attention;
“(H) provide, or arrange for the provision of, pregnancy and postpartum health services, including family planning counseling and services, to eligible individuals;
“(I) track and report birth outcomes of such eligible individuals and their children;
“(J) ensure that care is patient-led, including by engaging eligible individuals in their own care, including through communication and education; and
“(K) ensure adequate training for appropriately serving the population of individuals eligible for medical assistance under the State plan or waiver of such plan, including through reproductive and birth justice frameworks, race equity awareness, home visiting skills, and knowledge of social services.
“(h) Term of demonstration project—The Secretary shall conduct the demonstration project for a period of 5 years.
“(i) Waiver authority—To the extent that the Secretary determines necessary in order to carry out the demonstration project, the Secretary may waive section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability).
“(j) Technical assistance—The Secretary shall establish a process to provide technical assistance to States that are awarded grants under this section and to eligible entities and other providers participating in a State maternity care home model funded by such a grant.
“(k) Report
“(1) In general—Not later than 18 months after the date of the enactment of this section and annually thereafter for each year of the demonstration project term, the Secretary shall submit a report to Congress on the results of the demonstration project.
“(2) Final report—As part of the final report required under paragraph (1), the Secretary shall include—
“(A) the results of the final report of the national external entity required under subsection (f)(3)(B)(ii); and
“(B) recommendations on whether the model studied in the demonstration project should be continued or more widely adopted, including by private health plans.
“(l) Authorization of appropriations—There are authorized to be appropriated to the Secretary, for each of fiscal years 2019 through 2026, such sums as may be necessary to carry out this section.”
4. Reapplication of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers
“(D) payment for primary care services (as defined in subsection (jj)(1)) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act by a provider described in subsection (jj)(2)—
“(i) at a rate that is not less than 100 percent of the payment rate that applies to such services and the provider of such services under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year were the conversion factor under such section for 2009);
“(ii) in the case of items and services that are not items and services provided under such part, at a rate to be established by the Secretary; and
“(iii) in the case of items and services that are furnished in rural areas (as defined in section 1886(d)(2)(D)), health professional shortage areas (as defined in section 332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 254e(a)(1)(A))), or medically underserved areas (according to a designation under section 330(b)(3)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(3)(A))), at the rate otherwise applicable to such items or services under clause (i) or (ii) increased, at the Secretary's discretion, by not more than 25 percent;”
“(1) In general—Notwithstanding”
“(2) Additional periods—For purposes of paragraph (1), the following are additional periods:
“(A) The period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.”
“(1) In general
“(A) Definition—For purposes of subparagraphs (C) and (D) of subsection (a)(13)”
“(B) Exclusions—Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.
“(2) Additional providers—For purposes of subparagraph (D) of subsection (a)(13), a provider described in this paragraph is any of the following:
“(A) A physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, or obstetrics and gynecology.
“(B) An advanced practice clinician, as defined by the Secretary, that works under the supervision of—
“(i) a physician that satisfies the criteria specified in subparagraph (A);
“(ii) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law; or
“(iii) or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law.
“(C) A rural health clinic, federally qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician.
“(D) An advanced practice clinician supervised by a physician described in subparagraph (A), another advanced practice clinician, or a certified nurse-midwife.”
“(xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(D) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(D) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I).”