PRIOR PRINTER'S NO. 2823 PRINTER'S NO. 3230
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2137
Session of
2024
INTRODUCED BY MAYES, CURRY, ISAACSON, GIRAL, KINSEY, T. DAVIS,
ABNEY, ROZZI, BOYD, VENKAT, BULLOCK, O'MARA, SCHLOSSBERG,
PROBST, HANBIDGE, BOROWSKI, GUENST, PARKER, CEPHAS, DONAHUE,
SANCHEZ, HOHENSTEIN, CEPEDA-FREYTIZ, D. WILLIAMS, POWELL,
STEELE, OTTEN, CERRATO, DALEY, SHUSTERMAN, SALISBURY, YOUNG,
FLEMING, PIELLI, GREEN, MALAGARI AND KHAN, MARCH 27, 2024
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 4, 2024
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania <--
2 Consolidated Statutes, providing for maternal and newborn
3 supply kit; and establishing the Maternal and Newborn Supply
4 Kit Fund.
5 AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA <--
6 CONSOLIDATED STATUTES, ESTABLISHING THE MATERNAL AND NEWBORN
7 SUPPLY KIT PROGRAM; AND IMPOSING POWERS AND DUTIES ON THE
8 DEPARTMENT OF HEALTH.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Title 35 of the Pennsylvania Consolidated <--
12 Statutes is amended by adding a chapter to read:
13 CHAPTER 82
14 MATERNAL AND NEWBORN SUPPLY KIT
15 Sec.
16 8201. Scope of chapter.
17 8202. Purpose.
18 8203. Definitions.
 1 8204. Program.
2 § 8201. Scope of chapter.
3 This chapter relates to the Maternal and Newborn Supply Kit
4 Program.
5 § 8202. Purpose.
6 The purpose of the Maternal and Newborn Supply Kit Program is
7 to reduce maternal and infant mortality, improve maternal and
8 infant health outcomes and improve postpartum health outcomes
9 through the distribution of a maternal and newborn supply kit to
10 the parents and guardians of infants in this Commonwealth.
11 § 8203. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Community-based organization." Any group affiliated with or
16 organized for the benefit of one or more communities or
17 neighborhoods, or any group organized to benefit the quality of
18 life in a residential area.
19 "Department." The Department of Health of the Commonwealth.
20 "Fund." The Maternal and Newborn Supply Kit Fund established
21 in section 8204(e) (relating to program).
22 "Maternal and newborn supply kit." A package containing
23 maternal and infant educational information and other maternal
24 and infant products as determined by the department.
25 "Program." The Maternal and Newborn Supply Kit Program
26 established under section 8204.
27 § 8204. Program.
28 (a) Establishment.--The Maternal and Newborn Supply Kit
29 Program is established in the department to provide educational
30 information and other maternal and infant products to parents
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 1 and guardians who reside in this Commonwealth.
2 (b) Procedure.--The department may form a public-private
3 partnership with an organization to provide a maternal and
4 newborn supply kit to parents or guardians of newborns residing
5 in this Commonwealth who complete the parent education syllabus
6 under subsection (c)(1) or who are referred by a community-based
7 organization to the department or the organization with which
8 the department established a public-private partnership after
9 the effective date of this subsection.
10 (c) Online parent education.--
11 (1) A parent or guardian who resides in this
12 Commonwealth who wishes to obtain a maternal and newborn
13 supply kit and who has not been referred by a community-based
14 organization to the department or the organization with which
15 the department establishes a public-private partnership must
16 complete a parent education syllabus prior to obtaining a
17 newborn supply kit to ensure proper use of the postpartum
18 care and infant care products and educate parents on the
19 generally accepted practices to reduce maternal and infant
20 mortality.
21 (2) The department shall create an online portal on the
22 department's publicly accessible Internet website containing
23 the parent education syllabus.
24 (3) The parent education syllabus shall be developed by
25 the department and shall include, but not be limited to,
26 postpartum care and infant care practices.
27 (4) The department shall design and implement a
28 sufficient certification process to ensure that a parent or
29 guardian has completed the parent education syllabus prior to
30 receiving a maternal and newborn supply kit.
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 1 (d) Maternal and newborn supply kit contents.--A supply kit
2 must contain the following items:
3 (1) For postpartum care:
4 (i) Postpartum maternity pads.
5 (ii) Perineal ice packs.
6 (iii) Witch hazel pads/medicated hemorrhoid wipes.
7 (iv) Perineal wash.
8 (v) Peri bottle.
9 (vi) Nipple cream.
10 (vii) Nursing pads.
11 (viii) Educational information on postpartum care as
12 determined by the department.
13 (2) For newborn care:
14 (i) A thermometer.
15 (ii) A nasal aspirator.
16 (iii) Vitamin D3.
17 (iv) Diaper rash cream or zinc oxide ointment.
18 (v) Receiving blankets.
19 (vi) Footed onesie pajamas.
20 (vii) Onesies.
21 (viii) Socks.
22 (ix) Diapers.
23 (x) Wipes.
24 (xi) Burp cloth.
25 (xii) Baby nail clippers.
26 (xiii) 2-in-1 shampoo/baby wash.
27 (xiv) Lotion.
28 (xv) Pacifiers.
29 (xvi) Petroleum jelly.
30 (xvii) Educational information on infant care and
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 1 best infant care practices as determined by the
2 department.
3 (e) Fund.--The Maternal and Newborn Supply Kit Fund is
4 established in the State Treasury and shall be administered by
5 the department. Money appropriated by the General Assembly,
6 interest earned by the fund, penalties and money received from
7 the Federal Government or private sources shall be deposited
8 into the fund.
9 (f) Regulations.--The department may promulgate rules and
10 regulations necessary to carry out the provisions of this
11 chapter.
12 (g) Report.--The department shall monitor the quality,
13 appropriateness and effectiveness of the program and issue a
14 report with findings and recommendations to the General Assembly
15 within one year of the effective date of this subsection and
16 annually thereafter.
17 (h) Program operation.--The program shall operate for two
18 years from the date of establishment under subsection (a).
19 Section 2. The Department of Health shall pursue available
20 funding options and make efforts to establish a public-private
21 partnership with organizations to assist in the establishment of
22 the Maternal and Newborn Supply Kit Program and seek and obtain
23 donations for deposit into the Maternal and Newborn Supply Kit
24 Fund established under 35 Pa.C.S. § 8204(e).
25 Section 3. This act shall take effect as follows:
26 (1) Section 2 of this act shall take effect in 60 days.
27 (2) This section shall take effect immediately.
28 (3) The remainder of this act shall take effect in one
29 year.
30 SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED <--
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 1 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
2 CHAPTER 82
3 MATERNAL AND NEWBORN SUPPLY KIT
4 SEC.
5 8201. SCOPE OF CHAPTER.
6 8202. PURPOSE.
7 8203. DEFINITIONS.
8 8204. PROGRAM.
9 § 8201. SCOPE OF CHAPTER.
10 THIS CHAPTER RELATES TO THE MATERNAL AND NEWBORN SUPPLY KIT
11 PROGRAM.
12 § 8202. PURPOSE.
13 THE PURPOSE OF THE MATERNAL AND NEWBORN SUPPLY KIT PROGRAM IS
14 TO REDUCE MATERNAL AND INFANT MORTALITY, IMPROVE MATERNAL AND
15 INFANT HEALTH OUTCOMES AND IMPROVE POSTPARTUM HEALTH OUTCOMES
16 THROUGH THE DISTRIBUTION OF A MATERNAL AND NEWBORN SUPPLY KIT TO
17 THE PARENTS AND GUARDIANS OF INFANTS IN THIS COMMONWEALTH.
18 § 8203. DEFINITIONS.
19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
20 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
21 CONTEXT CLEARLY INDICATES OTHERWISE:
22 "COMMUNITY-BASED ORGANIZATION." ANY GROUP AFFILIATED WITH OR
23 ORGANIZED FOR THE BENEFIT OF ONE OR MORE COMMUNITIES OR
24 NEIGHBORHOODS, OR ANY GROUP ORGANIZED TO BENEFIT THE QUALITY OF
25 LIFE IN A RESIDENTIAL AREA.
26 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
27 "MATERNAL AND NEWBORN SUPPLY KIT." A PACKAGE CONTAINING
28 MATERNAL AND INFANT EDUCATIONAL INFORMATION AND OTHER MATERNAL
29 AND INFANT PRODUCTS AS DETERMINED BY THE DEPARTMENT.
30 "NEWBORN CARE KIT." A MATERNAL AND NEWBORN SUPPLY KIT MADE
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 1 AVAILABLE TO COMMONWEALTH RESIDENTS WHO ARE THE PARENT OR
2 GUARDIAN OF A NEWBORN BABY FOR UP TO 12 MONTHS AFTER THE
3 DELIVERY OF THE BABY.
4 "POSTPARTUM CARE KIT." A MATERNAL AND NEWBORN SUPPLY KIT
5 MADE AVAILABLE TO COMMONWEALTH RESIDENTS WHO ARE THE PARENT OF A
6 NEWBORN BABY FOR UP TO SIX WEEKS AFTER THE DELIVERY OF THE BABY.
7 "PROGRAM." THE MATERNAL AND NEWBORN SUPPLY KIT PROGRAM
8 ESTABLISHED UNDER SECTION 8204 (RELATING TO PROGRAM).
9 § 8204. PROGRAM.
10 (A) ESTABLISHMENT.--
11 (1) THE DEPARTMENT SHALL IMPLEMENT A MATERNAL AND
12 NEWBORN SUPPLY KIT PROGRAM TO PROVIDE EDUCATIONAL
13 INFORMATION, POSTPARTUM CARE KITS AND NEWBORN CARE KITS.
14 (2) THE DEPARTMENT SHALL PUBLISH THE NAMES, CONTACT
15 INFORMATION AND APPLICATION PROCESS FOR EACH THIRD-PARTY
16 CONTRACTOR SELECTED UNDER SUBSECTION (B) IN A PRINTABLE
17 FORMAT ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
18 WEBSITE. THIS INFORMATION SHALL BE MADE AVAILABLE TO PATIENTS
19 AT THE TIME OF DELIVERY TO ASSIST IN APPLYING FOR THE
20 PROGRAM.
21 (3) MATERNAL AND NEWBORN SUPPLY KITS SHALL BE
22 DISTRIBUTED UNTIL ALL FUNDING APPROPRIATED FOR THE PROGRAM
23 HAS BEEN EXHAUSTED.
24 (4) THE DEPARTMENT SHALL MAKE EFFORTS TO INFORM
25 RECIPIENTS OF MEDICAL ASSISTANCE AND THE SPECIAL SUPPLEMENTAL
26 FOOD SERVICE PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)
27 ABOUT THE PROGRAM.
28 (B) PROCEDURE.--THE DEPARTMENT SHALL SELECT AND ENTER INTO
29 CONTRACTS WITH THIRD PARTIES TO ADMINISTER THE PROGRAM AS
30 FOLLOWS:
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 1 (1) THE THIRD-PARTY CONTRACTORS SHALL COLLABORATE WITH
2 THE DEPARTMENT AND HOSPITALS, HEALTH SYSTEMS AND COMMUNITY-
3 BASED ORGANIZATIONS TO DESIGN AND IMPLEMENT THE DISTRIBUTION
4 OF THE MATERNAL AND NEWBORN SUPPLY KITS.
5 (2) THE THIRD-PARTY CONTRACTORS SHALL ESTABLISH A
6 MECHANISM AND GUIDELINES FOR ACCEPTING MONETARY AND IN-KIND
7 DONATIONS FOR THE SOLE PURPOSE OF CARRYING OUT THE PROVISIONS
8 OF THIS SECTION. INFORMATION ABOUT THE DONATIONS RECEIVED
9 SHALL BE PROVIDED TO THE DEPARTMENT FOR INCLUSION IN ITS
10 REPORT UNDER SUBSECTION (G).
11 (C) ONLINE PARENT EDUCATION.--THE DEPARTMENT SHALL CREATE
12 INFORMATIONAL MATERIALS ON THE PROPER USE OF THE POSTPARTUM CARE
13 AND INFANT PRODUCTS AND GENERALLY ACCEPTED PRACTICES TO REDUCE
14 MATERNAL AND INFANT MORTALITY. THE DEPARTMENT SHALL POST THE
15 INFORMATION ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
16 WEBSITE.
17 (D) MATERNAL AND NEWBORN SUPPLY KIT CONTENTS.--A SUPPLY KIT
18 MUST CONTAIN THE FOLLOWING ITEMS:
19 (1) FOR POSTPARTUM CARE:
20 (I) POSTPARTUM MATERNITY PADS.
21 (II) PERINEAL ICE PACKS.
22 (III) WITCH HAZEL PADS/MEDICATED HEMORRHOID WIPES.
23 (IV) PERINEAL WASH.
24 (V) PERI BOTTLE.
25 (VI) NIPPLE CREAM.
26 (VII) NURSING PADS.
27 (VIII) EDUCATIONAL INFORMATION ON POSTPARTUM CARE AS
28 DETERMINED BY THE DEPARTMENT.
29 (2) FOR NEWBORN CARE:
30 (I) A THERMOMETER.
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 1 (II) A NASAL ASPIRATOR.
2 (III) DIAPER RASH CREAM OR ZINC OXIDE OINTMENT.
3 (IV) RECEIVING BLANKETS.
4 (V) FOOTED ONESIE PAJAMAS.
5 (VI) ONESIES.
6 (VII) SOCKS.
7 (VIII) DIAPERS.
8 (IX) WIPES.
9 (X) BURP CLOTH.
10 (XI) BABY NAIL CLIPPERS.
11 (XII) UNSCENTED 2-IN-1 SHAMPOO/BABY WASH.
12 (XIII) UNSCENTED LOTION.
13 (XIV) PACIFIERS.
14 (XV) PETROLEUM JELLY.
15 (XVI) EDUCATIONAL INFORMATION ON INFANT CARE AND
16 BEST INFANT CARE PRACTICES AS DETERMINED BY THE
17 DEPARTMENT.
18 (E) REGULATIONS.--THE DEPARTMENT MAY PROMULGATE RULES AND
19 REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
20 CHAPTER.
21 (F) REPORT.--THE DEPARTMENT SHALL COLLECT DATA FROM THE
22 THIRD-PARTY CONTRACTORS, MONITOR THE QUALITY, APPROPRIATENESS
23 AND EFFECTIVENESS OF THE PROGRAM AND ISSUE A REPORT WITH
24 FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY WITHIN ONE
25 YEAR OF THE EFFECTIVE DATE OF THIS SUBSECTION AND ANNUALLY
26 THEREAFTER.
27 (G) PROGRAM OPERATION.--THE DEPARTMENT SHALL OPERATE THE
28 PROGRAM ONLY TO THE EXTENT MONEY IS APPROPRIATED TO THE
29 DEPARTMENT FOR THE PROGRAM.
30 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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