II 118th CONGRESS 1st Session S. 1797 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mr. Casey (for himself, Mr. Booker , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a demonstration program to allow States to test payment models for maternity care provided under Medicaid and the Children's Health Insurance Program.

1. Short title This Act may be cited as the IMPACT to Save Moms Act . 2. Perinatal Care Alternative Payment Model Demonstration Project (a) In general For the period of fiscal years 2024 through 2028, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish and implement, in accordance with the requirements of this section, a demonstration project, to be known as the Perinatal Care Alternative Payment Model Demonstration Project (referred to in this section as the Demonstration Project ), for purposes of allowing States to test payment models under their State plans under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and State child health plans under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) with respect to maternity care provided to pregnant and postpartum individuals enrolled in such State plans and State child health plans. (b) Coordination In establishing the Demonstration Project, the Secretary shall coordinate with stakeholders such as— (1) State Medicaid programs; (2) maternity care providers and organizations representing maternity care providers; (3) relevant organizations representing patients, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (4) relevant community-based organizations, particularly organizations that seek to improve maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (5) perinatal health workers; (6) relevant health insurance issuers; (7) hospitals, health systems, midwifery practices, freestanding birth centers (as such term is defined in paragraph (3)(B) of section 1905(l) of the Social Security Act ( 42 U.S.C. 1396d(l) )), Federally-qualified health centers (as such term is defined in paragraph (2)(B) of such section), and rural health clinics (as such term is defined in section 1861(aa) of such Act ( 42 U.S.C. 1395x(aa) )); (8) researchers and policy experts in fields related to maternity care payment models; and (9) any other stakeholders as the Secretary determines appropriate, with a particular focus on stakeholders from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (c) Considerations In establishing the Demonstration Project, the Secretary shall consider any alternative payment model that— (1) is designed to improve maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) includes methods for stratifying patients by pregnancy risk level and, as appropriate, adjusting payments under such model to take into account pregnancy risk level, including consideration of the appropriate transfer of patients by pregnancy risk level; (3) establishes evidence-based quality metrics for such payments; (4) includes consideration of nonhospital birth settings such as freestanding birth centers (as so defined); (5) includes consideration of social determinants of maternal health; (6) includes diverse maternity care teams that include— (A) maternity care providers, mental and behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) ))— (i) from racially, ethnically, and professionally diverse backgrounds; (ii) with experience practicing in racially and ethnically diverse communities; or (iii) who have undergone training on implicit bias and racism; and (B) perinatal health workers; or (7) includes consideration of maternal mental health conditions and substance use disorders. (d) Eligibility To be eligible to participate in the Demonstration Project, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Evaluation The Secretary shall conduct an evaluation of the Demonstration Project to determine the impact of the Demonstration Project on— (1) maternal health outcomes, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the Demonstration Project; (3) to the extent practicable, qualitative and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report Not later than one year after the completion or termination date of the Demonstration Project, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the Demonstration Project should be continued after fiscal year 2028 and expanded on a national basis. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (h) Definitions In this section: (1) Alternative payment model The term alternative payment model has the meaning given such term in section 1833(z)(3)(C) of the Social Security Act ( 42 U.S.C. 1395l(z)(3)(C) ). (2) Perinatal The term perinatal means the period beginning on the day an individual becomes pregnant and ending on the last day of the 1-year period beginning on the last day of such individual’s pregnancy.