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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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Donna Monroe, RN<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.

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