Overview
Title
To amend titles XIX and XXI of the Social Security Act to enhance financial support for rural and safety net hospitals providing maternity, labor, and delivery services to vulnerable populations, and for other purposes.
ELI5 AI
This bill wants to help hospitals in small towns and places that don't have a lot of money to better take care of moms and babies when they are born. It plans to give more money to these hospitals and make sure doctors and nurses are ready to help, especially if they have to close some of their services.
Summary AI
S. 5236 aims to amend the Social Security Act to increase financial support for rural and safety net hospitals that provide maternity, labor, and delivery services to vulnerable populations. This includes ensuring adequate Medicaid payment rates, expanding coverage of maternal health care under Medicaid and CHIP for 12 months after pregnancy, and supporting the maternal health care workforce. It also mandates public communication about obstetric data and the closure of hospital obstetric units.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The "Keeping Obstetrics Local Act" is a proposed piece of legislation aimed at enhancing financial support for rural and safety net hospitals that provide essential maternity, labor, and delivery services. The bill seeks to amend titles XIX and XXI of the Social Security Act to increase resources for these hospitals and better serve vulnerable populations. It also outlines requirements for extending healthcare coverage for pregnant individuals and introduces new regulations for handling maternal health services and workforce needs.
General Summary
The bill contains several provisions intended to provide rural and safety net hospitals with increased federal funding. This support aims to ensure these hospitals can continue to deliver maternity care to communities that often struggle with access to healthcare services. The legislation encourages states to conduct cost studies for maternity services, requires Medicaid to improve its payment rates for maternity care, and sets rules for increased financial participation from the federal government. Additional components include enhancing maternal care coverage under Medicaid and the Children’s Health Insurance Program (CHIP) and creating strategies for dealing with workforce shortages in obstetric care.
Significant Issues
Several significant issues emerge from the bill's proposals. Critically, the lack of specific criteria for allocating grants to small rural hospitals raises concerns about effective and equitable use of funds. Mandatory Medicaid coverage transition to 12-month coverage for pregnant individuals poses potential financial challenges for states without comprehensive impact analysis. Another noteworthy issue is the ambiguity in defining "urgent maternal health care needs," which could lead to inconsistent interpretations and resource allocations. The streamlined enrollment process for out-of-state providers could compromise quality control due to reduced oversight, and the required 180-day notice for obstetric unit closures might be impractical for financially troubled hospitals.
Impact on the Public
Broadly, the bill could lead to improved access to maternity care for underserved populations, which is a positive development for public health. Enhanced funding and better support for rural hospitals could stabilize these critical healthcare providers, potentially improving outcomes for mothers and babies in rural areas. However, the financial implications of the bill, especially related to the transition of Medicaid coverage and potential disparities among states, could have mixed results. States might face budgetary pressures, especially if federal support isn't aligned with the actual costs or needs of local facilities.
Impact on Specific Stakeholders
For rural and safety net hospitals, the bill could provide much-needed financial relief and support to maintain services that are often at risk due to funding shortages. This would be beneficial not only for the hospitals but also for the communities they serve, which may otherwise have limited access to obstetric care. The focus on increasing the scope of practice for maternal health professionals like doulas could improve care for mothers, particularly in diverse or underserved communities.
Conversely, the increased administrative requirements and potential financial strains on state budgets could present challenges. Hospitals may experience difficulties adhering to new regulations, such as the 180-day closure notice or extensive data collection mandates. These requirements could exacerbate stress on already strained resources, potentially leading to service cuts if not adequately managed.
In summary, while the "Keeping Obstetrics Local Act" aims to strengthen maternal healthcare infrastructure and access, it presents several hurdles regarding implementation and financial management. Stakeholders, particularly rural hospitals and state governments, will need to navigate these carefully to ensure the bill's objectives translate into practical and positive health outcomes.
Financial Assessment
Financial Allocations in S. 5236
The bill, S. 5236, proposes several financial allocations aimed at enhancing maternity care services in rural and safety net hospitals. Here's a breakdown of the key financial components related to the bill:
Grants and Appropriations
Annual Grants for Small Rural Obstetric Hospitals: Section 101 of the bill introduces an annual appropriation of $10,000,000 to assist small rural obstetric hospitals with compiling detailed cost information. This financial support is intended to help these hospitals with the expenses involved in providing maternity services. However, the bill lacks specific criteria for how these grants should be allocated, which could lead to challenges in effectively using these funds and potential misallocation.
Planning Grants for Health Homes: In Section 202, the bill authorizes the appropriation of $50,000,000 for fiscal year 2027 to support states in developing and submitting a state plan amendment for creating health homes for pregnant and postpartum individuals. This funding is limited to a total of $50,000,000, which imposes a cap on the available funds for these planning activities. The limitation could create competitive pressures among states vying for these resources.
Emergency Obstetric Workforce Support: Section 301 provides an ongoing appropriation of $150,000,000 starting in fiscal year 2026 for supporting emergency obstetric workforce needs. This funding aims to ensure adequate response to urgent maternal health care needs, especially in areas experiencing closures or workforce losses. The broad definition of "urgent maternal health care need" might lead to ambiguity in resource allocation, which could hinder the intended impact of these funds.
Payment Rates and Financial Participation
Labor and Delivery Services Payments: Section 104 specifies that for fiscal year 2027, a "per delivery amount" of $10,000 and a "standby capacity amount" of $1,200,000 are proposed to ensure that low-volume obstetric hospitals remain financially viable. These payments are designed to cover both the marginal cost per birth and the minimum level of resources needed to maintain readiness.
Increased Federal Financial Participation: Section 103 discusses enhanced federal financial participation for maternity services, which aims to offset expenditures for these services by increasing the federal match rate to 100% for the enhanced payments. This addresses disparities among states but does not directly tackle issues related to state budgetary constraints highlighted in Section 201, where extending full benefit coverage for 12 months post-pregnancy is mandated without a detailed cost-impact analysis.
Implications and Concerns
One of the primary issues with the bill is the ambiguity surrounding eligibility criteria and how funds will be distributed. While significant sums are earmarked for supporting various initiatives, the lack of specificity in allocation requirements could lead to inefficiencies and inequities in fund distribution. Additionally, the broad stipulations for funding eligibility, particularly for out-of-state providers (as mentioned in Section 302), could increase the risk of enrolling providers who have not been adequately screened, potentially compromising care quality.
Lastly, the requirement for hospitals to give a 180-day notice for obstetric unit closures (Section 401) does not consider the financial predicaments that may force sudden closures. The financial burden and operational disruptions associated with this requirement could be particularly challenging for facilities already experiencing fiscal distress.
Overall, while the bill allocates substantial financial resources towards improving maternity services in rural and underserved areas, the effective utilization of these funds may be hampered by the absence of clear guidelines and the potential for uneven distribution across states.
Issues
The bill lacks specific criteria for eligibility and allocation of the $10,000,000 annual grants for small rural obstetric hospitals (Sec. 101). This could lead to misallocation or ineffective use of funds, which is a significant concern given the rural healthcare focus of the bill.
There is a potential for significant financial implications on states due to the mandatory transition to 12-month continuous, full benefit coverage for pregnant individuals under Medicaid and CHIP (Sec. 201). The bill does not provide detailed impact analysis or account for the estimated cost, which could lead to budgetary challenges.
The streamlined enrollment process for out-of-State providers (Sec. 302) could reduce oversight and increase the risk of enrolling inadequately screened providers, which raises concerns about quality control and potential malpractice.
The term 'urgent maternal health care need' is not clearly defined in the bill (Sec. 301), leading to potential ambiguity and misinterpretation in the allocation of resources and deployment of personnel.
The bill's requirement of 180-day notification for hospital obstetric unit closures (Sec. 401) may be burdensome for hospitals in financial distress, potentially compromising their ability to adhere to this timeline and endangering service continuity.
A lack of specification in defining 'adequate payment rates under Medicaid' creates ambiguity that may lead to inconsistent application across states (Sec. 1, Sec. 102), potentially resulting in disparities in funding and care quality.
The complexity and technical nature of the language used throughout the bill, such as in defining eligible hospitals and the scope of services (e.g., Sec. 104, Sec. 202), may hinder understanding and effective implementation by stakeholders who are not well-versed in legal and healthcare legislation.
There is potential favoritism due to disparities among states in treatment and financial support, especially concerning enhanced payments for certain services and exclusions from territorial caps (Sec. 103, Sec. 204).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The “Keeping Obstetrics Local Act” aims to enhance financial support for rural and safety net hospitals providing obstetric services, ensure Medicaid and CHIP provide adequate coverage and payment for maternity care, and invest in the maternal health care workforce. It also requires public notification of hospital obstetric unit closures and the collection of related data.
101. State studies and HHS report on costs of providing maternity, labor, and delivery services Read Opens in new tab
Summary AI
The bill requires each state to conduct a study every five years on the costs of providing maternity, labor, and delivery services in hospitals and report the findings to the Secretary of Health and Human Services (HHS). It also allocates funds to help small rural hospitals collect this data and requires HHS to publish findings and propose legislation to adjust payments for these services under federal healthcare programs if necessary.
Money References
- State study required under paragraph (1) shall include the following information with respect to maternity, labor, and delivery services furnished by hospitals located in the State: (A) An estimate of the cost of providing maternity, labor, and delivery services at hospitals for which more than 50 percent of births are financed by the Medicaid program or the Children's Health Insurance Program, based on the expenditures a representative sample of such hospitals incurred for providing such services during the 2 most recent years for which data is available. (B) An estimate of the full cost of providing maternity, labor, and delivery services at independent rural hospitals with less than 300 births per year, based on the expenditures a representative sample of such hospitals incurred for providing such services during the 2 most recent years for which data are available. (C) An estimate of the cost of providing maternity services at hospitals that ceased providing labor and delivery services within the past 5 years, based on the expenditures a representative sample of such hospitals incurred for providing such services during the 2 most recent years for which data is available. (D) To the extent data allows, an analysis of the extent to which factors such as geographic location and community population affect the cost of providing maternity, labor, and delivery services at hospitals, including the cost of hospital services that support the provision of maternity, labor, and delivery services. (E) The amounts hospitals are paid for maternity, labor, and delivery services, by geographic location and hospital size, under Medicare, the State Medicaid program, the State CHIP plan, and private health insurance, including, with respect to the State Medicaid program, the State CHIP plan, and private health insurance, payment amounts for such services under fee-for-service payment arrangements and under managed care (as applicable). (F) A comparative payment rate analysis— (i) comparing maternity, labor, and delivery services payment rates under the State Medicaid fee-for-service program to payment rates for such services under Medicare (as described in section 447.203(b)(3) of title 42, Code of Federal Regulations), other federally-funded or State-funded programs (including, to the extent data is available, Medicaid managed care rates), and to the payment rates, to the extent data is available, of private health insurers within geographic areas of the State; and (ii) analyzing different payment methods for such services, such as the use of bundled payments, quality incentives, and low-volume adjustments. (G) An evaluation of whether each hospital located in the State that furnishes maternity, labor, and delivery services is expected to experience in the next 3 years— (i) significant changes in particular expenditures or types of reimbursement for maternity, labor, and delivery services; or (ii) any other significant change that is likely to affect the hospital's ability to continue to provide such services. (3) ASSISTANCE TO SMALL HOSPITALS IN COMPILING COST INFORMATION.—There is appropriated to the Secretary for each fiscal year beginning with fiscal year 2025, $10,000,000 for the purpose of providing grants and technical assistance to small rural obstetric hospitals to enable such hospitals to compile detailed information on expenses incurred for maternity, labor, and delivery services for use in the State studies required under paragraph (1), to remain available until expended. (4) HHS REPORT ON STATE STUDIES.—For each year in which State studies are required to be conducted under paragraph (1), the Secretary shall issue a public report that compiles and details the results of such studies and includes the information described in paragraph (2). (b) HHS report and proposed legislation.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report analyzing the first studies conducted by States under subsection (a)(1) that includes— (1) recommendations for improving data collection on the cost of providing maternity, labor, and delivery services; (2) guidance to States on the collection of such data; and (3) if the Secretary determines it appropriate based on the findings made by the Secretary in such report, proposed legislation or administrative action, including, to the extent the Secretary determines appropriate, issuance of regulations, to adjust the amounts paid for maternity, labor, and delivery services under Medicare, State Medicaid plans, and other federally-funded payers, to more accurately compensate eligible hospitals (as such term is defined in subsection (uu) of section 1902 of the Social Security Act (42 U.S.C. 1396a), as added by section 102) for the cost of providing such services. ---
102. Requiring adequate payment rates under Medicaid for maternity, labor, and delivery services at eligible hospitals Read Opens in new tab
Summary AI
The section mandates that Medicaid must pay at least a certain minimum amount for maternity, labor, and delivery services at eligible hospitals starting in fiscal year 2026. It defines what qualifies as these services and specifies which hospitals are eligible, including rural hospitals and those with a high number of Medicaid births, and sets rules for adjusting payment rates based on hospital costs.
103. Increased Federal financial participation for maternity, labor, and delivery services furnished by eligible hospitals Read Opens in new tab
Summary AI
This section of the bill ensures that starting from October 1, 2025, eligible hospitals providing maternity, labor, and delivery services will receive increased federal funding, covering 100% of enhanced payment rates. Additionally, it maintains that standard funding levels will not be reduced even when higher federal match percentages are applied, and territories will not have these payments counted against their federal funding limits.
104. Labor and delivery services anchor payments Read Opens in new tab
Summary AI
The amendment to the Social Security Act requires states to consider low volume obstetric hospitals when determining payment rates and mandates annual payments to these hospitals to support labor and delivery services. Starting in fiscal year 2027, these hospitals must meet specific requirements, such as maintaining skills, training activities, and continuing to provide labor and delivery services. The bill establishes how payments will be determined and distributed, sets rules for use of funds, and includes provisions for contract compliance and payment recovery.
Money References
- — “(i) FISCAL YEAR 2027.—For fiscal year 2027, the per delivery amount shall be $10,000.
- — “(i) FISCAL YEAR 2027.—For fiscal year 2027, the standby capacity amount shall be $1,200,000.
1923A. Anchor payments for labor and delivery services provided by low volume obstetric hospitals Read Opens in new tab
Summary AI
The section establishes requirements for states to provide annual payments to low-volume obstetric hospitals for labor and delivery services starting in 2027. It outlines terms for these payments, definitions of key concepts, and conditions hospitals must meet to receive payments, such as continued service provision, skill maintenance, and appropriate fund usage.
Money References
- — (i) FISCAL YEAR 2027.—For fiscal year 2027, the per delivery amount shall be $10,000.
- — (i) FISCAL YEAR 2027.—For fiscal year 2027, the standby capacity amount shall be $1,200,000.
105. Application of adequate payment requirement and increased Federal financial participation requirements to CHIP Read Opens in new tab
Summary AI
The amendment to the Social Security Act requires adequate payment rates and financial support from the federal government for maternity, labor, and delivery services provided by eligible hospitals under the Children's Health Insurance Program (CHIP). It adds new specific references to ensure these services are funded properly.
106. Disregarding increased and additional payments to hospitals for purposes of other supplemental payments and upper payment limits Read Opens in new tab
Summary AI
Hospitals will still qualify for federal supplemental payments, including those for serving a large number of low-income patients, without counting any extra payments they receive due to the changes made by this new law. This means hospitals' payments and limits will be calculated as if those extra increases didn't happen.
201. Requiring 12-month continuous, full benefit coverage for pregnant individuals under Medicaid and CHIP Read Opens in new tab
Summary AI
The section mandates that state Medicaid and CHIP programs provide 12 months of continuous, full benefit coverage to pregnant individuals, starting immediately after their pregnancy ends. Amendments to current laws are described to ensure these requirements are met, along with details about the effective date and provisions for states needing additional legislation to comply.
202. Health homes for pregnant and postpartum women Read Opens in new tab
Summary AI
The section establishes an option for states to create "maternity health homes" to provide coordinated medical care for pregnant and postpartum individuals under Medicaid starting in 2028. It outlines the eligibility requirements, services to be provided, payment methodologies, data collection standards, and coordination with existing health programs to enhance maternal healthcare quality and accessibility.
Money References
- “(2) APPROPRIATION.—There are authorized to be appropriated to the Secretary $50,000,000 for fiscal year 2027, for the purposes of making grants under this subsection, to remain available until expended.
- “(3) LIMITATION.—The total amount of payments made to States under this subsection shall not exceed $50,000,000.
1945B. State option to provide coordinated care through a health home for pregnant and postpartum individuals Read Opens in new tab
Summary AI
This section allows states to create special health care programs for pregnant and postpartum individuals starting in 2028. These programs, called maternity health homes, would provide coordinated and culturally appropriate care through selected providers or health teams, with states receiving funds and guidelines to support the programs and ensure quality care.
Money References
- (2) APPROPRIATION.—There are authorized to be appropriated to the Secretary $50,000,000 for fiscal year 2027, for the purposes of making grants under this subsection, to remain available until expended.
- (3) LIMITATION.—The total amount of payments made to States under this subsection shall not exceed $50,000,000.
203. Guidance on supporting and improving access to Medicaid and CHIP coverage of services provided by doulas and certain maternal health professionals Read Opens in new tab
Summary AI
The Secretary of Health and Human Services is directed to provide guidance within one year to help states improve access to Medicaid and CHIP coverage for services by doulas and certain maternal health professionals. This includes enhancing service availability in rural areas, ensuring care across different settings, and utilizing various payment and care models.
204. Medicaid and CHIP increased financial support for depression and anxiety screening during the perinatal and postpartum periods Read Opens in new tab
Summary AI
The bill section aims to increase federal financial support for Medicaid and CHIP programs to conduct depression and anxiety screenings for pregnant women during the perinatal and postpartum periods. It specifies that Medicaid funding will not be capped for these services in U.S. territories and provides a 1% increase in federal matching funds for these services under the CHIP program.
205. Presumptive eligibility for pregnant individuals Read Opens in new tab
Summary AI
The section mandates that states must provide a presumptive eligibility period for pregnant individuals, ensuring they receive prompt prenatal care during this time. It also allows hospitals to determine if individuals are eligible for medical assistance during a presumptive eligibility period, applying consistent rules across different populations.
301. Emergency obstetric workforce support Read Opens in new tab
Summary AI
The section amends the Public Health Service Act to address urgent maternal health care needs by detailing personnel to affected areas when hospitals close or healthcare workers are lost. It allows personnel to be temporarily assigned to assist in maintaining services and requires plans for hiring healthcare practitioners and transitioning patients to other facilities. The bill also proposes additional funding for the Commissioned Corps to enhance its operations and recruitment.
Money References
- “(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts otherwise authorized to be appropriated for the Commissioned Corps of the Service, there is authorized to be appropriated to the Secretary to carry out paragraph (1) $150,000,000 for fiscal year 2026 and each fiscal year thereafter.”.
302. Streamlined screening and enrollment of providers of maternity, labor, and delivery services in neighboring States Read Opens in new tab
Summary AI
The section outlines a new streamlined process for enrolling out-of-state providers in Medicaid who offer maternity, labor, and delivery services without requiring extra screening compared to in-state providers. Beginning January 1, 2027, these providers can enroll for five years at a time, provided they meet specific criteria to reduce fraud risks, and the Secretary of Health and Human Services will offer guidance on these procedures.
401. Timely notifications of impending hospital obstetric unit closures Read Opens in new tab
Summary AI
The bill requires hospitals to give at least 180 days' notice before closing an obstetric unit, providing a report on the closure's impact to local and state agencies and the community. It also mandates state agencies to publicly share these reports on their websites.
402. Collection of data relating to hospital labor and delivery services Read Opens in new tab
Summary AI
The section amends the Social Security Act to require hospitals to include detailed information in their cost reports starting from July 1, 2025. This information includes data about births, hospital staff, transfer rates, expenses, on-call coverage costs, and revenue sources related to labor and delivery services.