[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 5262 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 5262 To address maternity care shortages and promote optimal maternity outcomes by expanding access to birth centers and exploring more effective payment models for birth center care, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Lujan introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To address maternity care shortages and promote optimal maternity outcomes by expanding access to birth centers and exploring more effective payment models for birth center care, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Availability of Birth Centers Improves Outcomes and Expands Savings Act'' or the ``BABIES Act''. SEC. 2. GRANTS TO IMPROVE ACCESS TO FREESTANDING BIRTH CENTER SERVICES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-8. STRONG START BIRTH CENTER GRANTS TO ASSIST BIRTH CENTERS WITH START-UP OR EXPANSION COSTS TO EXPAND ACCESS TO BIRTH CENTER SERVICES IN UNDERSERVED AREAS. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to eligible birth centers that are accredited, or intend to seek accreditation, as birth centers by a nationally recognized accrediting body such as the Commission for the Accreditation of Birth Centers, or that have the intention of seeking such accreditation, for the purposes described in subsection (b). ``(b) Use of Funds.--A birth center receiving a grant under this section may use such grant funds for any of the following purposes: ``(1) Renovation, expansion, or construction of a birth center facility. ``(2) Purchasing or updating equipment for a birth center. ``(3) Accreditation and State licensure activities. ``(c) Grants; Grant Amounts.--For each of fiscal years 2025 through 2029, the Secretary shall award grants under this section to up to 15 birth centers, each in an amount of not less than $300,000 and not more than $500,000. ``(d) Special Considerations.--In awarding grants under this section, the Secretary shall give special consideration to an eligible birth center that-- ``(1) is located in, or offers services to, a geographic area that-- ``(A) has been designated under section 332 as a health professional shortage area with respect to maternity care; or ``(B) has maternity care outcomes that are below a threshold established by the Secretary; and ``(2) has not previously received a grant under this section. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for the period of fiscal years 2025 through 2029.''. SEC. 3. MEDICAID DEMONSTRATION PROGRAM TO IMPROVE FREESTANDING BIRTH CENTER SERVICES. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(cc) Demonstration Program To Improve Freestanding Birth Center Services.-- ``(1) Authority.--The Secretary shall conduct a demonstration program for the purpose of exploring more effective payment models for birth center care in order to improve access to, and the quality and scope of, freestanding birth center services for women with a low-risk pregnancy who are eligible for medical assistance under the State plan under this title or under a waiver of such plan. ``(2) Deadlines for participation criteria, prospective payment system; planning grants.-- ``(A) Participation and prospective payment system deadline.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall do the following: ``(i) Publication of participation criteria for freestanding birth centers.-- ``(I) In general.--The Secretary shall publish criteria for a freestanding birth center to be certified by a State for purposes of participating in a State demonstration program conducted under this subsection. ``(II) Requirements.--The criteria required to be published under subclause (I) shall include the following: ``(aa) Accreditation.--At the time of certification for purposes of participating in the demonstration program conducted under this subsection, a freestanding birth center must be accredited or have completed the initial phase of accreditation from an approved, nationally-recognized birth center accreditation body, as determined by the Secretary. ``(bb) Licensure and other requirements.--A freestanding birth center shall-- ``(AA) be licensed, or otherwise approved, by the State to provide prenatal, labor and delivery, postpartum, newborn care, and other ambulatory services for which medical assistance is available under the State plan or waiver under this title; and ``(BB) comply with such other requirements relating to the health and safety of individuals who receive services furnished by the facility as the State shall establish. ``(cc) Care coordination.-- A freestanding birth center shall be able to meet care coordination requirements established by the Secretary, including requirements to coordinate care across settings and providers to ensure seamless transitions for patients across the full spectrum of health services, and shall be able to engage in consultation for higher level maternity care services, non- maternity care services, and behavioral health needs, which may include plans for consultation, collaboration and referral, and arrangements with the following: ``(AA) Federally qualified health centers (and as applicable, rural health clinics) to provide Federally qualified health center services (and as applicable, rural health clinic services) to the extent such services are not provided directly through the birth center. ``(BB) Other outpatient clinics, including licensed midwifery and physician practices. ``(CC) Inpatient acute care facilities with obstetrical care units. ``(dd) Scope of services.-- As determined by the Secretary, a freestanding birth center shall be able to provide peripartum care for women with a low-risk pregnancy and for newborns, consistent with evidence-based guidelines. ``(ee) Capabilities.--A freestanding birth center shall have the following capabilities: ``(AA) In addition to the requirements specified under section 431.53 of title 42, Code of Federal Regulations, and any successor regulation (relating to assurance of transportation), the capability and equipment to provide prenatal, labor and delivery, postpartum, and newborn care for women with a low-risk pregnancy, readiness at all times to initiate emergency procedures to meet unexpected needs of such women and of newborns within the center, including at least 2 qualified staff on-site at every birth, and the ability to facilitate transport to an acute care hospital with an obstetrical care unit when necessary. ``(BB) An established transfer plan with a receiving hospital with an obstetrical care unit with policies and procedures for timely transport. ``(CC) Medical consultation available from a licensed board- certified physician with admitting privileges in obstetrics at a nearby hospital, as defined by State law or regulation. ``(DD) Data collection, storage, and retrieval, including data on intrapartum and postpartum maternal and newborn transfer rates and hospital admissions. ``(EE) The ability to initiate and document quality improvement programs as required by accreditation that include efforts to maximize patient safety, such as safety checklists, validated training and competency of staff, and emergency preparedness and drills. ``(ff) Health care providers.--A freestanding birth center shall employ, or have care delivery arrangements with, both of the following: ``(AA) A physician licensed to practice within the State or jurisdiction of the birth center. ``(BB) A midwife that meets or exceeds the education and training standards of the International Confederation of Midwives and who is licensed to practice within the jurisdiction of the birth center. ``(gg) Non-duplication.--In carrying out this subsection, the Secretary shall, with respect to a State participating in the demonstration program, establish procedures to prevent, to the greatest extent practicable, the provision of, or payment for, services under the demonstration program for which medical assistance is available under the State plan under this title or waiver of such plan. ``(ii) Guidance on development of prospective payment system for testing under state demonstration programs.-- ``(I) In general.--The Secretary shall issue guidance for States participating in a demonstration program conducted under this subsection to establish a prospective payment system that shall only apply to freestanding birth center services that-- ``(aa) meet the criteria established under clause (i); and