AB 256 — Provides for Medicaid coverage of doula services. (BDR 38-849)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 16, 2021) FIRST REPRINT A.B.

256256–Assemblymen ASummers-Armstrong, SSEMBLYGonzález; B ILL NO.

256–AAnderson, SSEMBLYMENBilbray-Axelrod, SUMMERSFlores, -ARMSTRONGMarzola, ,Brittney GONZÁLEZMiller, ;C.H.

AMiller, NDERSONOrentlicher ,and BThomas ILBRAYCHAPTER.......... -AXELROD , F LORES , M ARZOLA , BRITTNEY M ILLER , C.H.

M ILLER , ORENTLICHER AND T HOMAS M ARCH 12, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Provides for Medicaid coverage of doula services.

(BDR 38-849) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Section 1 also requires the Department to apply for a waiver of federal Medicaid requirements or request to amend the State Plan to - *AB256_R1* – 2 – receive federal funding to provide coverage of doula services.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and W HEREAS , Doulas provide physical and emotional support, accurate information concerning pregnancy, childbirth and the care - 81st Session (2021) – 2 – of newborns and unwavering advocacy to women during pregnancy, labor, childbirth and the post-partum period;

and W HEREAS , To reduce the risk posed to a mother and her child by the process of childbirth, it is necessary to expand access to nonmedical doula services;

§ 1315 or apply for an amendment of the State Plan for Medicaid that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage of doula services provided by an enrolled doula.

The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.

- *AB256_R1* – 3 – (a) An application for enrollment in the form prescribed by the Division;

(b)- “Enrolled81st doula”Session means(2021) a– doula3 who– is enrolled with the Division pursuant to this section to receive reimbursement the through Medicaid for doula services.

(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facilityfacilityor or where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or - *AB256_R1* – 4 – has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

A notification- and81st referralSession to(2021) an– agency4 which– provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

(d) A member of the clergy, practitioner of Christian Science or religiousabuse healer,or unlessneglect from the personoffender hasduring acquireda theconfession.owledge knowledge of the abuse(e) A person employed by a public school or neglectprivate fromschool theand offenderany duringperson who serves as a confession.volunteer at such a school.

(e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies wherewhe(k) theirAny requestsperson andwho needsis canemployed beby met.or serves as a volunteer for a youth shelter.

- *AB256_R1* – 5 – (k) Any person who is employed by or serves as a volunteer for a youth shelter.

(m) Any person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and - 81st Session (2021) – 5 – Human Services to provide doula services to recipients of Medicaid pursuant to section 1 of this act.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency.

The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:end(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

- *AB256_R1* – 6 – 8.

- 81st Session (2021) – 6 – (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section;

and been informed of his or her duty (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

has been abused, neglected, exploited, isolated or abandoned (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:

and (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to - *AB256_R1* – 7 – believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

2.- 81st Session (2021) – 7 – subsection 1 knows or has reasonable cause to believe that theto abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.