BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 407| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 407 Author: Morrell (R), et al. Amended: 7/7/15 Vote: 21 SENATE HEALTH COMMITTEE: 9-0, 4/15/15 AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/11/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SENATE FLOOR: 36-0, 5/18/15 (Consent) AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Berryhill, Hall, Pavley ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote SUBJECT: Comprehensive Perinatal Services Program: licensed midwives SOURCE: California Association of Midwives DIGEST: This bill makes licensed midwives eligible to be comprehensive perinatal provider as used in the Comprehensive Perinatal Services Program (CPSP) when regulations have been adopted by the Medical Board of California (MBC). Authorizes a health care provider to employ or contract with licensed midwives for the purpose of providing comprehensive perinatal SB 407 Page 2 services in the CPSP. Assembly Amendments make licensed midwives eligible to be comprehensive perinatal providers in CPSP when regulations have been adopted by the MBC, and remove the opposition of the American College of Obstetricians and Gynecologists, District IX California. ANALYSIS: Existing law: 1)Establishes the Medi-Cal program, which is administered by the Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services, including comprehensive perinatal services. Comprehensive perinatal services are a Medi-Cal benefit, as provided through an agreement with a CPSP designated health care provider meeting the standards developed by the Department of Public Health (DPH), and subject to utilization controls. 2)Establishes the CPSP, administered by DPH, to maintain, to the extent resources are available, a permanent, statewide community-based comprehensive perinatal system to provide care and services to low-income pregnant women and their infants who are considered underserved in terms of comprehensive perinatal care. 3)Defines, for purposes of the CPSP, a "comprehensive perinatal provider" to mean any general practice physician, family practice physician, obstetrician-gynecologist, pediatrician, certified nurse midwife, a group, any of whose members is one of the above-named physicians, or any preferred provider organization or clinic enrolled in the Medi-Cal program and CPSP certified. 4)Defines, for purposes of the CPSP, "comprehensive perinatal services" to include, but not be limited to, the provision of the combination of services developed through the Department of Health Services Obstetrical Access Pilot Program. 5)Authorizes, for the purpose of providing comprehensive SB 407 Page 3 perinatal services, a health care provider to employ or contract specified practitioners, including physicians, certified nurse midwives, nurses, nurse practitioners, physician assistants, social workers, health and childbirth educations and registered dieticians. 6)Allows a licensed midwife to attend cases of normal pregnancy and childbirth. Requires the MBC to adopt regulations specifying the conditions that fall outside a normal pregnancy and childbirth (where there is an absence of any preexisting maternal disease or condition likely to affect the pregnancy or a significant disease arising from the pregnancy or a significant disease arising from the pregnancy). This bill: 1)Allows licensed midwifes to be eligible to serve as a comprehensive perinatal providers in CSPS on the effective date of the regulations adopted by the MBC. 2)Authorizes a health care provider to employ or contract with licensed midwives for the purpose of providing comprehensive perinatal services in the CPSP. 3)Clarifies that "comprehensive perinatal services" in CPSP are services provided or coordinated by a comprehensive perinatal provider. 4)Prohibits this bill from being construed to revise or expand the scope of practice of licensed midwives. 5)Requires DHCS to commence, no later than March 1, 2016, the revision of existing regulations, in accordance with the Administrative Procedure Act, as it determines necessary for the implementation of this bill. Comments 1)Author's statement. According to the author, licensed midwives provide comprehensive childbirth, prenatal health, and breastfeeding education to their patients. Studies have shown that women who receive these services during pregnancy SB 407 Page 4 have healthier pregnancies and less complicated births. This bill expands health care access by adding licensed midwives to the list of Medi-Cal-eligible comprehensive perinatal services providers. Expectant mothers of all income levels should have options when it comes to deciding where and how they bring their children into the world. The current non-inclusion of licensed midwives from the list of eligible Medi-Cal providers limits these choices for low-income individuals. This bill would expand the choices available to low-income, pregnant women. Increasing the number of comprehensive perinatal Medi-Cal providers alleviates wait times and access issues within the overall perinatal health delivery system, allowing women to receive timely and personalized care. Authorizing licensed midwives as Medi-Cal providers of comprehensive perinatal services will help all low-income women, even if they do not choose a licensed midwife as their provider. Lastly, authorizing licensed midwives as comprehensive perinatal services providers will save the state resources. A home birth or "birth center" birth with a licensed midwife can save the state up to 80 percent when compared to the cost of a hospital birth. Increasing access to licensed midwives drives down the cost in the state health care system while also ensuring safe, quality care for pregnancy and childbirth. 2)CPSP. Under CPSP, Medi-Cal-eligible women receive comprehensive services, including prenatal care, health education, nutrition services, and psychosocial support for up to 60 days after delivery of their infants. Local health department staff offer technical assistance and consultation to potential and approved providers in the implementation of CPSP program standards. The Maternal Child and Adolescent Health Program in DPH develops standards and policies, provides technical assistance and consultation to the local health perinatal services coordinators, and maintains an ongoing program of training for all CPSP practitioners throughout the state. CPSP provides reimbursement for some services that Medi-Cal does not provide reimbursement for, including early entry into care, vitamins, case coordination, a 10th antepartum visit, and support services. The goals of the CPSP program are to decrease and maintain the decreased level of perinatal, SB 407 Page 5 maternal and infant mortality and morbidity and to support methods of providing comprehensive prenatal care that prevent prematurity and the incidence of low birth weight infants. 3)Licensed midwives. Licensed midwives are licensed by the Medical Board of California and practice under the Midwifery Practice Act, which specifies the requirements for licensure and the scope of practice for a licensed midwife. There are 332 licensed midwives in California as of December 31, 2014. Existing law defines the practice of midwifery as the furthering or undertaking by any licensed midwife to assist a woman in childbirth as long as progress meets criteria accepted as normal. AB 1308 (Bonilla, Chapter 665, Statutes of 2013) made significant amendments to various Business and Professions Code sections governing the practice of midwifery in California. Licensed midwives can practice without physician supervision, and their scope of practice allows them to attend cases of normal pregnancy and childbirth (as defined), and provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn. A licensed midwife is authorized to directly obtain supplies and devices, obtain and administer drugs and diagnostic tests, order testing, and receive reports that are necessary to his or her practice of midwifery and consistent with his or her scope of practice. The scope of practice of midwifery does not include the assisting of childbirth by any artificial, forcible, or mechanical means, and licensed midwives are not authorized to practice medicine, perform surgery or perform abortions. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee, negligible state fiscal effect. DHCS is already in the process of making the necessary changes to the California Medicaid State Plan to include licensed midwives on the list of medical professionals who are legally authorized to provide services. SB 407 Page 6 SUPPORT: (Verified8/27/15) American Nurses Association California Association of California Healthcare Districts California Association of Midwives California Black Health Network California Families for Access to Midwives California Nurse-Midwives Association Capital OB/GYN, Inc. Central California Alliance for Health Improving Birth, Inc. Monterey County Board of Supervisors Santa Cruz County Board of Supervisors Wellspace Health OPPOSITION: (Verified8/27/15) None received ARGUMENTS IN SUPPORT: The California Association of Midwives (CAW) writes that licensed midwives work in various health care settings and have specialized training in attending births in out-of-hospital settings, such as California's licensed alternative birth centers. CAW argues the passage of this bill will allow more California mothers to receive care in these safe, specialized settings as there is increasing consumer demand for prenatal care with midwives in birth centers. CAW states this bill will allow LMs to help fill the shortage of maternity care providers who take Medi-Cal and CPSP as many rural and medically underserved communities have no health care provider who accepts CPSP, while licensed midwives are waiting to fill that gap. CAW concludes that pregnant women who receive prenatal care with licensed midwives have reduced rates of costly pregnancy complications such as prematurity and cesarean section, which could lead to significant cost savings for the state. SB 407 Page 7 The California Nurse-Midwives Association writes in support that this bill will increase the number of maternity care providers who accept Medi-Cal. According to a recent report, California ranks second lowest in percentage of physicians currently accepting new Medi-Cal patients, at a rate of 54 percent. California's underserved deserve better health care access. Increasing CPSP providers will make it easier for women to receive quality prenatal care early in their pregnancy resulting in better health outcomes for themselves and their babies, at a lower cost to the taxpayers. ASSEMBLY FLOOR: 78-0, 8/27/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins NO VOTE RECORDED: Frazier, Williams Prepared by:Scott Bain / HEALTH / 8/28/15 17:13:55 **** END **** SB 407 Page 8