Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                               A BILL

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                                               23-416

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                     IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                     _____________________

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 To amend the Community Health Omnibus Amendment Act of 2018 to require health benefit

       plans to provide coverage for newborn screenings and authorize civil fines and penalties,

       to authorize the Mayor to require hospitals and birthing facilities to report on selected

       clinical quality measures and to inspect hospitals and birthing facilities for auditing

       purposes, and to establish a Perinatal and Infant Health Advisory Committee; and to

       amend the Confirmation Act of 1978 to make a conforming amendment.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Better Access for Babies to Integrated Equitable Services Amendment

 Act of 2020.

        Sec. 2. The Community Health Omnibus Amendment Act of 2018, effective April 11,

 2019 (D.C. Law 22-290; 66 DCR 1668), is amended as follows:

        (a) Title III is amended as follows:

                 (1) Section 301 (D.C. Official Code  7-858.01) is amended as follows:

                        (A) A new paragraph (3A) is added to read as follows:

                 (3A) Health benefit plan shall have the same meaning as provided in section

 2(5) of the Health Benefit Exchange Authority Establishment Act of 2011, effective March 2,

 2012 (D.C. Law 19-94; D.C. Official Code  31-3171.01(5))..

                        (B) A new paragraph (9) is added to read as follows:

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                (9) Report card means a listing of A-F letter grades addressing compliance

 with the provisions included in section 303(a)..

                (2) The first section 302 (D.C. Official Code  7-858.02) is amended by adding a

 new subsections (d) to read as follows:

        (d) Each individual and group health benefits plan issued or renewed in the District of

 Columbia shall provide coverage for newborn screenings required by and performed in

 accordance with the provisions of this section..

                (3) The second section 302 (D.C. Official Code  7-858.03) is redesignated as

 section 304.

                (4) Existing section 303 (D.C. Official Code  7-858.04) is redesignated as

 section 306.

                (4) A new section 303 is added to read as follows:

        Sec. 303. Birthing facility report cards; inspections; annual reports.

        (a) Each hospital and birthing facility shall report to the Department information

 regarding inpatient services and processes for each of the following elements as the Department

 may require through rulemaking, including, but not limited to:

                (1) Newborn screening requirements established under this title;

                (2) Lactation support services;

                (3) Education requirements on newborn and postpartum health;

                (4) Discharge standards established under this title; and

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                (5) Clinical quality measures of obstetrical and neonatal care.

         (b) The Department may inspect each hospital and birthing facility to verify compliance

 with the requirements of this title and to assess performance related to the elements set forth in

 subsection (a) of this section while conducting its annual inspection of each hospital and birthing

 facility.

         (c) The Department shall issue an annual report that includes a report card for each

 hospital and birthing facility that summarizes the results of the hospital or birthing facility for

 each element set forth in subsection (a) of this section..

                (5) A new section 305 is added to read as follows:

         Sec. 305. Penalties.

         Civil fines and penalties may be imposed as sanctions for an infraction of section 302

 (a) or (c), section 303(a), or section 304(a) pursuant to the Department of Consumer and

 Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42;

 D.C. Official Code  2-1801.01 et seq.) (Civil Infractions Act). Enforcement and adjudication

 of an infraction shall be pursuant to the Civil Infractions Act..

         (b) A new Title III-A is added to read as follows:

         TITLE III-A. PERINATAL AND INFANT HEALTH ADVISORY COMMITTEE

         Sec. 310. Definitions.

                (1) Birthing facility shall have the same meaning as provided in section 301(1)

 of this act.

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                (2) Committee means the Perinatal and Infant Health Advisory Committee

 established in section 311.

                (3) Department means the Department of Health.

                (4) Doctor means one holding a Doctor of Medicine (M.D.) or Doctor of

 Osteopathic Medicine (D.O.) degree.

        Sec. 311. Perinatal and Infant Health Advisory Committee; establishment and

 composition.

        (a) There is established a Perinatal and Infant Health Advisory Committee that shall be

 responsible for making recommendations to the Mayor and the Director of the Department of

 Health regarding improving perinatal health and assuring access to quality perinatal health

 services.

        (b) The committee shall be composed of the following 11 voting members:

                (1) The Director of the Department of Health, or the Directors designee, who

 shall also serve as chairperson of the Committee;

                (2) The Director of the Department of Health Care Finance, or the Directors

 designee;

                (3) The State Superintendent of Education, or the State Superintendents

        designee;

                (4) Two consumer members with children under the age of 5 years;

                (5) A doctor practicing as a pediatric primary care provider;

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                  (6) A doctor practicing as a neonatologist;

                  (7) A doctor practicing as an obstetrician-gynecologist in an ambulatory setting;

                  (8) A doctor specialized in and practicing maternal-fetal medicine;

                  (9) A health care professional specialized in and practicing genetics and newborn

 screening; and

                  (10) A certified lactation counselor.

        (c) Non-government members shall be appointed by the Mayor pursuant to section

 2(f)(69) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C.

 Official Code  1-523.01(f)(69). Each non-government member shall be appointed for a term of

 3 years; except, that of the initial appointments, 2 members shall be appointed for terms of 1

 year, 3 members shall be appointed for terms of 2 years, and 3 members shall be appointed for

 terms of 3 years. If a vacancy occurs for any reason other than the normal expiration of a term, a

 member shall be appointed for the remainder of the unexpired portion of the term. No member

 shall be appointed to more than 3 consecutive 3-year terms. The members of the committee shall

 serve without compensation.

        (d) The committee shall meet quarterly, at a time and place determined by the

 chairperson.

        (e)(1) At least 6 members shall be present to constitute a quorum.

                  (2) The committee may establish such policies and procedures as it deems

 appropriate for the administration of its functions.

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        (f) The Department of Health shall provide administrative support to the committee.

        Sec. 311. Duties.

        The committee shall:

        (a) Gather and disseminate information about perinatal and infant health indicators to

 increase the publics understanding of the status of perinatal and infant health in the District.

        (b) Review newborn screening and surveillance data, including aggregate reports and

 individual case studies, and provide recommendations to improve the quality of newborn

 screening and birthing facility maternal and newborn discharge protocols;

        (c) Provide recommendations for hospitals and birthing facilities to improve metrics on

 the report cards issued by the Department under section 303(c);

        (d) Evaluate the need for and efficacy of all newborn screening tests and recommend the

 removal or addition of screening tests, as appropriate;

        (e) Devise strategies to increase promotion and support of breastfeeding;

        (f) Review perinatal and infant health policies and programs for the purpose of

 providing recommendations to improve their effectiveness in improving the health of mothers

 and infants;

        (g) Convene sub-committees for specialty areas of perinatal and newborn health, such as

 metabolic disorders, to inform and provide recommendations to the full committee as needed;

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         (h) Provide an annual report to the Mayor and Council of its legislative, regulatory,

 programmatic, and policy recommendations..

         Sec. 3. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law

 2-142; D.C. Official Code  1-523.01(f)), is amended as follows:

         (a) Paragraph (67) is amended by striking the word and.

         (b) Paragraph (68) is amended by striking the period and inserting the phrase ; and in

 its place.

         (c) A new paragraph (69) is added to read as follows:

                 (69) The Perinatal and Infant Health Advisory Committee..

         Sec. 3. Fiscal impact statement.

         The Council adopts the fiscal impact statement in the committee report as the fiscal

 impact statement required by section 4a of the General Legislative Procedures Act of 1975,

 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

         Sec. 4. Effective date.

         This act shall take effect following approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as

 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

 24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

 Columbia Register.

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