A bill for an act
relating to health; requiring health plans to develop a maternal mental health
program; defining terms related to maternal mental health; requiring certain health
care professionals to ensure that mothers are offered screenings for maternal mental
health conditions; amending Minnesota Statutes 2022, sections 62A.0411; 62Q.521;
147.091, subdivision 1; 147A.13, subdivision 1; 256B.69, by adding a subdivision;
256L.12, by adding a subdivision; Minnesota Statutes 2023 Supplement, section
148.261, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 145.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 62A.0411, is amended to read:
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Contracting obstetric provider" means a licensed health care professional who is
contracted to provide services relating to pregnancy, postpartum care, or postpartum
depression under the enrollee's health plan.
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(c) "Enrollee" means a natural person covered by a health plan and includes an insured,
policyholder, subscriber, contract holder, member, covered person, or certificate holder.
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(d) "Health plan" means a health plan as defined in section 62Q.01, subdivision 3, and
a county-based purchasing plan.
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(e) "Health plan company" means a health plan company as defined in section 62Q.01,
subdivision 4, and a county that elects to purchase medical assistance under section 256B.692.
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(f) "Maternal mental health" means a mental health condition that occurs during
pregnancy or during the postpartum period and includes but is not limited to postpartum
depression.
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new text begin (a) new text end Every health plan deleted text begin as defined in section
62Q.01, subdivision 3,deleted text end that provides maternity benefits must, consistent with other
coinsurance, co-payment, deductible, and related contract terms, provide coverage of a
minimum of 48 hours of inpatient care following a vaginal delivery and a minimum of 96
hours of inpatient care following a caesarean section for a mother and her newborn. The
health plan shall not provide any compensation or other nonmedical remuneration to
encourage a mother and newborn to leave inpatient care before the duration minimums
specified in this section.
new text begin (b) new text end The health plan must also provide coverage for postdelivery care to a mother and
her newborn if the duration of inpatient care is less than the minimums provided in this
section.
new text begin (c) new text end Postdelivery care consists of a minimum of one home visit by a registered nurse.
Services provided by the registered nurse include, but are not limited to, parent education,
assistance and training in breast and bottle feeding, and conducting any necessary and
appropriate clinical tests. The home visit must be conducted within four days following the
discharge of the mother and her child.
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(a) By July 1, 2025, every health
plan company that provides maternity benefits must develop a maternal mental health
program designed to promote quality and cost-effective outcomes.
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(b) The maternal mental health program must be developed consistent with sound clinical
principles and processes and must include quality measures to encourage screening, diagnosis,
treatment, and referral.
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(c) The maternal mental health program must be designed to improve screening, treatment,
and referral to maternal mental health services; include coverage for doulas; incentivize
training opportunities for contracting obstetric providers; and educate enrollees about the
program.
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(d) The health plan company must provide the maternal mental health program guidelines
and criteria to relevant medical providers, including all contracting obstetric providers.
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Minnesota Statutes 2022, section 62Q.521, is amended to read:
(a) For purposes of this section, "comprehensive postnatal visit" means a visit with a
health care provider that includes a full assessment of the mother's and infant's physical,
social, and psychological well-being, including but not limited to: mood and emotional
well-being; infant care and feeding; sexuality, contraception, and birth spacing; sleep and
fatigue; physical recovery from birth; chronic disease management; and health maintenance.
(b) A health plan must provide coverage for the following:
(1) a comprehensive postnatal visit with a health care provider not more than three weeks
from the date of delivery;
(2) any postnatal visits recommended by a health care provider between three and 11
weeks from the date of delivery; and
(3) a comprehensive postnatal visit with a health care provider 12 weeks from the date
of delivery.
(c) The requirements of this section are separate from and cannot be met by a visit made
pursuant to section 62A.0411new text begin , subdivision 2new text end .
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Maternal mental health condition" means a mental health condition that occurs
during pregnancy or during the postpartum period and includes but is not limited to
postpartum depression.
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(c) "Health care professional" means any of the following individuals acting within the
individual's scope of practice:
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(1) physician or surgeon licensed under chapter 147;
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(2) registered naturopathic doctor registered under chapter 147E;
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(3) nurse practitioner or nurse-midwife licensed under chapter 148;
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(4) physician assistant licensed under chapter 147A; or
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(5) traditional midwife licensed under chapter 147D.
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(a) A health care professional
who provides prenatal or postpartum care for a patient must ensure that the mother is offered
screening or is appropriately screened for maternal mental health conditions.
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(b) This section does not apply to a health care professional when providing emergency
care.
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(c) This section does not preclude any licensed or certified provider acting within the
provider's scope of practice from screening for maternal mental health conditions.
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Minnesota Statutes 2022, section 147.091, subdivision 1, is amended to read:
The board may refuse to grant a license, may refuse to
grant registration to perform interstate telehealth services, or may impose disciplinary action
as described in section 147.141 against any physician. The following conduct is prohibited
and is grounds for disciplinary action:
(a) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in this chapter or rules of the board. The burden of proof shall be upon the applicant
to demonstrate such qualifications or satisfaction of such requirements.
(b) Obtaining a license by fraud or cheating, or attempting to subvert the licensing
examination process. Conduct which subverts or attempts to subvert the licensing examination
process includes, but is not limited to: (1) conduct which violates the security of the
examination materials, such as removing examination materials from the examination room
or having unauthorized possession of any portion of a future, current, or previously
administered licensing examination; (2) conduct which violates the standard of test
administration, such as communicating with another examinee during administration of the
examination, copying another examinee's answers, permitting another examinee to copy
one's answers, or possessing unauthorized materials; or (3) impersonating an examinee or
permitting an impersonator to take the examination on one's own behalf.
(c) Conviction, during the previous five years, of a felony reasonably related to the
practice of medicine or osteopathic medicine. Conviction as used in this subdivision shall
include a conviction of an offense which if committed in this state would be deemed a felony
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilt is made or returned but the adjudication of guilt is either withheld or not
entered thereon.