I 

111TH CONGRESS 

1ST SESSION H. R. 2358 

To amend title XIX of the Social Security Act to require coverage under 

the Medicaid Program for freestanding birth center services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2009 

Mrs. DAVIS of California (for herself, Mr. BILIRAKIS, Mrs. CAPPS, and Mr. 

WITTMAN) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to require 

coverage under the Medicaid Program for freestanding 

birth center services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicaid Birth Center 

5 Reimbursement Act’’. 

6 SEC. 2. COVERAGE UNDER MEDICAID FOR FREESTANDING 

7 BIRTH CENTER SERVICES. 

8 (a) IN GENERAL.—Section 1905 of the Social Secu9 rity Act (42 U.S.C. 1396d) is amended— 


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1 (1) in subsection (a)— 

2 (A) by redesignating paragraph (28) as 

3 paragraph (29); 

4 (B) in paragraph (27), by striking at the 

5 end ‘‘and’’; and 

6 (C) by inserting after paragraph (27) the 

7 following new paragraph: 

8 ‘‘(28) freestanding birth center services (as de9 fined in subsection (l)(3)(A)) and other ambulatory 

10 services that are offered by a freestanding birth cen11 ter (as defined in subsection (l)(3)(B)) and that are 

12 otherwise included in the plan; and’’; and 

13 (2) in subsection (l), by adding at the end the 

14 following new paragraph: 

15 ‘‘(3)(A) The term ‘freestanding birth center services’ 

16 means services furnished to an individual at a freestanding 

17 birth center (as defined in subparagraph (B)), including 

18 by a licensed birth attendant (as defined in subparagraph 

19 (C)) at such center. 

20 ‘‘(B) The term ‘freestanding birth center’ means a 

21 health facility— 

22 ‘‘(i) that is not a hospital; and 

23 ‘‘(ii) where childbirth is planned to occur away 

24 from the pregnant woman’s residence. 


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1 ‘‘(C) The term ‘licensed birth attendant’ means an 

2 individual who is licensed or registered by the State in3 volved to provide health care at childbirth and who pro4 vides such care within the scope of practice under which 

5 the individual is legally authorized to perform such care 

6 under State law (or the State regulatory mechanism pro7 vided by State law), regardless of whether the individual 

8 is under the supervision of, or associated with, a physician 

9 or other health care provider. Nothing in this subpara10 graph shall be construed as changing State law require11 ments applicable to a licensed birth attendant.’’. 

12 (b) CONFORMING AMENDMENT.—Section 

13 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 

14 1396a(a)(10)(A)) is amended by striking ‘‘and (21)’’ and 

15 inserting ‘‘, (21), and (28)’’. 

16 (c) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by this section 

19 shall take effect 90 days after the date of the enact20 ment of this Act and shall apply to services fur21 nished on or after such date. 

22 (2) EXCEPTION IF STATE LEGISLATION RE23 QUIRED.—In the case of a State plan for medical as24 sistance under title XIX of the Social Security Act 

25 which the Secretary of Health and Human Services 


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1 determines requires State legislation (other than leg2 islation appropriating funds) in order for the plan to 

3 meet the additional requirement imposed by the 

4 amendments made by this section, the State plan 

5 shall not be regarded as failing to comply with the 

6 requirements of such title solely on the basis of its 

7 failure to meet this additional requirement before 

8 the first day of the first calendar quarter beginning 

9 after the close of the first regular session of the 

10 State legislature that begins after the date of the en11 actment of this Act. For purposes of the previous 

12 sentence, in the case of a State that has a 2-year 

13 legislative session, each year of such session shall be 

14 deemed to be a separate regular session of the State 

15 legislature. 

Æ 


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