[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