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