West Virginia Nurse - January 2022
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Page 8 <strong>West</strong> <strong>Virginia</strong> <strong>Nurse</strong> <strong>January</strong>, February, March <strong>2022</strong><br />
National Maternal Health and Midwifery<br />
Legislative Update<br />
Moira Tannenbaum, MSN, APRN, CNM<br />
Co-Treasurer, WV ACNM Affiliate<br />
<strong>West</strong> <strong>Virginia</strong>’s nurse-midwives and many midwives nationally have been<br />
discussing two pieces of legislation that could improve the landscape for us and the<br />
families we serve; talking up a piece of legislation to help postpartum nurses in the<br />
workforce; and celebrating the passage and signing into law of a bill to help mothers<br />
who are veterans.<br />
The first is the Midwives for MOMS Act (HR 3352/S 1697), which was introduced<br />
in the House and the Senate in May 2021 and has bipartisan support. “MOMS” here<br />
stands for “Maximizing Optimal Maternity Services.” Yes, those cute bill names are<br />
designed to attract attention and to help people remember the bill in the large ocean<br />
of other bills.<br />
The Midwives for MOMS Act would increase funding for midwifery education,<br />
not just for certified nurse-midwives (CNMs), but also for midwives with the “sibling<br />
credential” to CNMs, which is certified midwives (CMs), as well as for certified<br />
professional midwives (CPMs). Both CMs and CPMs are sometimes identified as “direct<br />
entry midwives,” meaning that they entered the midwifery profession “directly,”<br />
without a stop in the nursing profession.<br />
The funding would focus on midwifery students from historically underserved<br />
communities, including Black and Indigenous People of Color (BIPOC), and including<br />
students at Historically Black Colleges and Universities (HBCUs), by prioritizing<br />
grant funding to midwifery educational programs that demonstrate their focus on<br />
bolstering and increasing racial and ethnic diversity in their student body. The goal is<br />
to further a more diverse midwifery workforce to better serve the needs of historically<br />
marginalized childbearing families and to serve all childbearing families by increasing<br />
the number of midwives.<br />
To do this, the Midwives for MOMS Act would establish two new funding streams<br />
under Title VII and Title VIII of the Public Health Service Act. Funding would be<br />
designated for accredited midwifery education programs. Funding for CMs and CPMs<br />
would fall under Title VII (“Health Professions and Training Programs”) while funding<br />
for CNMs would fall under Title VIII (“Nursing Workforce Development Programs”).<br />
If you’re like me, you may be a little rusty on the Public Health Service Act (PHSA)<br />
but might want to know more about it to better advocate for this bill or merely to<br />
understand it.<br />
The PHSA was passed in 1944, in the middle of World War II. Along the way, it has<br />
had many amendments, such as:<br />
• Title X, passed in 1970 during the Nixon Administration, which established<br />
“Family Planning and Population Services” funding;<br />
• The Health Insurance Portability and Accountability Act (known widely as<br />
HIPAA), passed in 1996 under the Clinton Administration;<br />
• The Newborn Screening Saves Lives Act of 2007, passed during the George W.<br />
Bush Administration (which funds the newborn metabolic screenings now found<br />
in all states); and<br />
• The Affordable Care Act (ACA) of 2010, passed during the Obama Administration.<br />
The second piece of legislation is the BABIES Act (HR 3337/S 1716). This bill would<br />
require the Centers for Medicare & Medicaid Services (CMS) to establish “Medicaid<br />
demonstration model birth centers” in up to six states. It would pay for birth center<br />
care prospectively (going forward throughout prenatal care), instead of waiting till<br />
the end of the pregnancy episode and paying in one lump sum then. That payment<br />
model is very difficult for the many birth centers which are small businesses and is<br />
partly responsible for the low percentage of birth centers who can accept as many<br />
Medicaid patients as they would like to serve. This bill’s cute name stands for “Birth<br />
Access Benefitting Improved Essential Facility Services” (i.e., “BABIES”). Birth center care<br />
— referring to care in freestanding birth centers — is also more difficult to access for<br />
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(L to R) Senator Susan Collins of Maine, Senator Tammy Duckworth of<br />
Illinois, U.S. President Joe Biden.<br />
many families participating with Medicaid due to low reimbursement rates compared<br />
with what hospitals receive for the same basic services.<br />
To date, none of the <strong>West</strong> <strong>Virginia</strong> Congressional delegation (Rep. McKinney, Rep.<br />
Mooney, Rep. Miller, Sen. Capito, or Sen. Manchin) has signed on to the Midwives for<br />
MOMS Act or BABIES Act as a cosponsor. However, both bills have bipartisan support<br />
and bicameral support. Bicameral support means they have co-sponsors in both<br />
chambers: in this case, the U.S. House and the U.S. Senate.<br />
It’s not too late to drop your U.S. representative and the two WV senators (Capito<br />
and Manchin) a line and ask them to support these two bills. If you’ve forgotten who<br />
your U.S. representative is, check out this handy link: Find Your U.S. Representative.<br />
Nearly nine million nurses, dental assistants, dental hygienists, and other<br />
workers who are moms would benefit from the federal PUMP for Nursing Mothers<br />
Act (HR 3110/S 1658) if it passes the legislature. PUMP stands for “Providing Urgent<br />
Maternal Protections.” You can download a fact sheet on the PUMP Act from the U.S.<br />
Breastfeeding Coalition’s website here: U.S. Breastfeeding Committee Handouts. This<br />
bill passed the U.S. House with strong bipartisan support (276-149) in October 2021<br />
and is waiting for a U.S. Senate hearing.<br />
The PUMP Act would clean up some loopholes that exclude many workers from<br />
the previous “pumping in the workplace” act, known as the Break Time for Nursing<br />
Mothers Law of 2010, which is part of the federal Fair Labor Standards Act (FLSA). Break<br />
Time for Nursing Mothers Law.<br />
Interestingly, none of WV’s members of Congress (McKinley, Mooney, or Miller)<br />
voted yes on the PUMP Act. If you agree that nurses and dental hygienists should be<br />
able to express milk for their baby at work, just as other workers are able to, please<br />
contact Sens. Manchin and Capito and ask for their support of the PUMP Act for<br />
Nursing Mothers (HR 3110/S 1658). Wouldn’t it be great to get WV support for the bill in<br />
the U.S. Senate and get this bill passed? One of the worst things in a busy day at work<br />
for me is realizing that a colleague who was supposed to pump, did not pump.<br />
Many midwives are also enthusiastic backers of the Black Maternal Health<br />
Momnibus, a package of bills designed by the Congressional Black Maternal Health<br />
Caucus to address the Black maternal health crisis in the U.S. One of the caucus’s<br />
founders is a nurse advocate in the U.S. House: Rep. Lauren Underwood, RN, of Illinois.<br />
Black Maternal Health Caucus Momnibus Act of 2021.<br />
And yes, “Momnibus” is yet another cute name: a play on the word “omnibus” used<br />
in legislative bills – where it means two or more unrelated items – combined with the<br />
word “mom.”<br />
The first bill from the Momnibus to pass and be signed into law is the Protecting<br />
Moms Who Served Act of 2021 (S. 796), which President Biden signed on November<br />
30, 2021.<br />
This bill attracted positive attention in <strong>West</strong> <strong>Virginia</strong>, where roughly ten percent<br />
of the population are veterans (State of WV, 2018). The bill was also notable for its<br />
sponsorship by two women senators, representing both major parties, with one a<br />
military veteran. These are Sen. Susan Collins of Maine, a Republican, and Sen. Tammy<br />
Duckworth of Illinois, a Democrat, who is a combat veteran. Sen. Collins represents a<br />
state with an even higher percentage of veterans than WV’s: over eleven percent of<br />
the adult population of Maine are veterans, per 2017 figures (U.S. Dept. of Veterans<br />
Affairs, n.d.). As for Senator Duckworth’s home state of Illinois, only six percent of the<br />
population are veterans (U.S. Dept. of VA, n.d.-2).<br />
How the WV congressional delegation voted on S. 796: All three members of the<br />
U.S. House from WV (Rep. McKinley, Rep. Mooney, and Rep. Miller) voted Yea, and the<br />
bill passed the U.S. Senate by unanimous consent.<br />
The Protecting Moms Who Served Act will study the unique maternal health risks<br />
facing pregnant and postpartum veterans, and support Veterans Affairs (VA) maternity<br />
care coordination programs by investing $15 million. Here’s more news on the<br />
Protecting Moms Who Served Act, from Sen. Collins’s website: Protecting Moms Who<br />
Served.