Maryland HB 765: Maryland Medical Assistance Program - Doula Program

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0765*

HOUSE BILL 765
J1, J2 2lr2630
CF SB 166
By: Delegates Bridges, Charkoudian, and Wells
Introduced and read first time: February 3, 2022
Assigned to: Health and Government Operations

A BILL ENTITLED

AN ACT concerning 1

Maryland Medical Assistance Program – Doula Program 2

FOR the purpose of establishing the Maryland Medical Assistance Program Doula 3
Program; requiring the Maryland Department of Health to administer the Doula 4
Program; requiring a provider to meet certain requirements in order to participate 5
in the Doula Program; requiring the Maryland Medical Assistance Program to cover 6
certain doula services, with certain limitations; and generally relating to the 7
Maryland Medical Assistance Program Doula Program. 8

BY adding to 9
Article – Health – General 10
Section 15–141.3 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15

Article – Health – General 16

15–141.3. 17

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19

(2) “BIRTHING PARENT” MEANS THE INDIVIDUAL GIVING BIRTH AND 20
WHO IS RECEIVING DOULA SERVICES THROUGHOUT THE PARENT’S PREGNANCY 21
INCLUDING THE PRENATAL, LABOR, AND POSTPARTUM PERIODS. 22

(3) “CERTIFIED DOULA” MEANS A TRAINED NONMEDICAL 23

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PROFESSIONAL WHO PROVIDES CONTINUOUS PHYSICAL, EMOTIONAL, AND 1
INFORMATIONAL SUPPORT TO THE BIRTHING PARENT THROUGHOUT THE 2
PRENATAL, LABOR, AND POSTPARTUM PERIODS WHO HAS RECEIVED A 3
CERTIFICATION TO PERFORM DOULA SERVICES APPROVED BY THE PROGRAM. 4

(4) “DOULA PROGRAM” MEANS THE MARYLAND MEDICAL 5
ASSISTANCE PROGRAM DOULA PROGRAM. 6

(5) “DOULA SERVICES” MEANS CONTINUOUS PHYSICAL, EMOTIONAL, 7
AND INFORMATIONAL SUPPORT, BASED ON EVIDENCED–BASED PRACTICES AND 8
WITH RESPECT FOR INDIVIDUAL CARE NEEDS, CULTURE, AND FAMILY TRADITIONS, 9
TO A BIRTHING PARENT PROVIDED BY A CERTIFIED DOULA, INCLUDING: 10

(I) EDUCATION AND GUIDANCE ON CHILDBIRTH, COPING 11
SKILLS FOR NEW PARENTS, BREASTFEEDING, INFANT FEEDING, INFANT SOOTHING, 12
AND MAKING INFORMED DECISIONS ABOUT CHILDBIRTH AND POSTPARTUM CARE; 13

(II) PRENATAL COUNSELING; 14

(III) SUPPORT FOR OTHER INDIVIDUALS PROVIDING CARE FOR A 15
BIRTHING PARENT, INCLUDING A BIRTHING PARENT’S PARTNER AND FAMILY 16
MEMBERS; AND 17

(IV) FACILITATION OF ACCESS TO RESOURCES THAT CAN 18
IMPROVE BIRTH–RELATED OUTCOMES INCLUDING ONGOING HOME VISITING 19
SERVICES, TRANSPORTATION, HOUSING, THE SPECIAL SUPPLEMENTAL NUTRITION 20
PROGRAM FOR WOMEN, INFANTS AND CHILDREN, THE SUPPLEMENTAL NUTRITION 21
ASSISTANCE PROGRAM WIC, INTIMATE PARTNER VIOLENCE RESOURCES, AND 22
ALCOHOL, TOBACCO, AND DRUG CESSATION. 23

(6) “HOME” MEANS THE RESIDENCE OF THE BIRTHING PARENT. 24

(7) “LABOR AND DELIVERY” MEANS THE PERIOD DURING WHICH THE 25
FETUS, MEMBRANES, UMBILICAL CORD, AND PLACENTA ARE EXPELLED FROM THE 26
UTERUS THROUGH VAGINAL BIRTH OR THROUGH THE SURGICAL DELIVERY BY A 27
CESAREAN SECTION. 28

(8) “MEDICALLY NECESSARY” MEANS THAT A SERVICE OR BENEFIT 29
IS: 30

(I) DIRECTLY RELATED TO DIAGNOSTIC, PREVENTIVE, 31
CURATIVE, PALLIATIVE, REHABILITATIVE, OR AMELIORATIVE TREATMENT OF AN 32
ILLNESS, INJURY, DISABILITY, OR HEALTH CONDITION; 33

HOUSE BILL 765 3

(II) CONSISTENT WITH ACCEPTED STANDARDS OF GOOD 1
MEDICAL PRACTICE; 2

(III) THE MOST COST–EFFICIENT SERVICE THAT CAN BE 3
PROVIDED WITHOUT SACRIFICING EFFECTIVENESS OR ACCESS TO CARE; AND 4

(IV) NOT PRIMARILY FOR THE CONVENIENCE OF A CONSUMER, 5
FAMILY, OR PROVIDER. 6

(9) “PARTICIPATING DOULA” MEANS AN INDIVIDUAL WHO: 7

(I) MEETS THE CERTIFICATION REQUIREMENTS AS PROVIDED 8
IN SUBSECTION (C) OF THIS SECTION; AND 9

(II) IS AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH 10
CARE SERVICES TO A PROGRAM RECIPIENT. 11

(10) “POSTPARTUM PERIOD” MEANS THE PERIOD WITHIN 180 DAYS 12
AFTER THE CONCLUSION OF LABOR AND DELIVERY. 13

(11) “PROVIDER” MEANS AN INDIVIDUAL, AN ASSOCIATION, A 14
PARTNERSHIP, OR AN INCORPORATED OR UNINCORPORATED GROUP OF DOULAS 15
CERTIFIED TO PROVIDE DOULA SERVICES AND WHO, THROUGH AN APPROPRIATE 16
AGREEMENT WITH THE DEPARTMENT, HAS BEEN IDENTIFIED AS A PROGRAM 17
PROVIDER BY THE ISSUANCE OF AN INDIVIDUAL ACCOUNT NUMBER. 18

(B) (1) THERE IS A MARYLAND MEDICAL ASSISTANCE PROGRAM DOULA 19
PROGRAM WITHIN THE PROGRAM. 20

(2) THE DEPARTMENT SHALL ADMINISTER THE DOULA PROGRAM. 21

(3) THE PURPOSE OF THE DOULA PROGRAM IS TO PROVIDE DOULA 22
SERVICES TO PROGRAM RECIPIENTS WHO ARE PREGNANT OR POSTPARTUM. 23

(4) IN ADMINISTERING THE DOULA PROGRAM AND AS PERMITTED BY 24
FEDERAL LAW, THE DEPARTMENT SHALL: 25

(I) ENSURE THAT DOULAS PROVIDING CARE UNDER THE 26
DOULA PROGRAM ARE PARTICIPATING DOULAS; 27

(II) REVIEW PARTICIPATION IN THE DOULA PROGRAM OF 28
PARTICIPATING DOULAS AND PROGRAM RECIPIENTS; AND 29

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(III) EVALUATE THE EFFE