SB191INTRODUCED Page 0 SB191 W1ZDJ59-1 By Senators Figures, Coleman-Madison, Coleman, Weaver RFD: Healthcare First Read: 20-Feb-25 1 2 3 4 5 W1ZDJ59-1 02/19/2025 JC (L)lg 2025-730 Page 1 First Read: 20-Feb-25 SYNOPSIS: There is no provision in existing law that requires the assessment of mothers after giving birth for postpartum depression. This bill would require the Alabama Medicaid Agency to cover screening and would also regulate how Medicaid covers prescription drugs used to treat postpartum depression. This bill would further require the Alabama Department of Public Health to develop educational materials on postpartum depression for health care professionals and parents of newborns. Doctors and other health care professionals would be required to assess birth mothers for postpartum depression as part of postnatal or pediatric care. A BILL TO BE ENTITLED AN ACT Relating to postpartum depression; to add Section 22-6-15 to the Code of Alabama 1975, to require Medicaid coverage for screening for postpartum depression; to add 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB191 INTRODUCED Page 2 coverage for screening for postpartum depression; to add Section 22-6-125 to the Code of Alabama 1975, to prohibit step parity protocol for drugs used to treat postpartum depression in Medicaid patients; to add Section 22-20-3.3 to the Code of Alabama 1975, to provide for educational materials concerning postpartum depression; and to add Section 22-20-3.4 to the Code of Alabama 1975, to require assessment for postpartum depression as a part of postnatal care. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 22-6-15, 22-6-125, 22-20-3.3, and 22-20-3.4 are added to the Code of Alabama 1975, to read as follows: §22-6-15 The Alabama Medicaid Agency shall provide coverage for postpartum depression screening consistent with the following goals: (1) The screening complies with evidence-based guidelines. (2) Eligible women have broad access to screening services. (3) Reimbursement is adequate to compensate health care professionals who perform the screening. §22-6-125 (a) For the purposes of this section, "step therapy protocol" means a protocol, policy, or program in the administration of medically appropriate prescription drugs to a patient, which establishes a specific sequence in which the drugs are approved for coverage. (b) The Alabama Medicaid Agency may not impose a step 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB191 INTRODUCED Page 3 (b) The Alabama Medicaid Agency may not impose a step therapy protocol with respect to prescription drugs that are approved by the federal Food and Drug Administration for the treatment of postpartum depression. §22-20-3.3 (a)(1) The Alabama Department of Public Health shall develop written materials to educate health care professionals and patients about maternal mental health conditions, especially postpartum depression. (2) The materials shall include information on the symptoms, coping methods, treatment options, and resources for postpartum depression. (3) The Alabama Department of Public Health shall periodically review the materials to determine their effectiveness and ensure that they contain current and accurate information, including, but not limited to, clinical practice guidelines, peer-reviewed studies, and recommendations from experts in maternal mental health care, including the federal Centers for Disease Control and Prevention, from professional societies, and from patient advocacy groups. (b) The Alabama Department of Public Health shall post the materials on its website and make the materials available in printed form for distribution. (c) Hospitals shall provide the materials developed under this section to parents or family members of a newborn upon discharge. (d) Hospitals as defined in Section 22-21-20, physicians, or health care professionals licensed under 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB191 INTRODUCED Page 4 physicians, or health care professionals licensed under Chapter 24 of Title 34 or Article 5 of Chapter 21 of Title 34, shall not have legal liability or responsibility for claims resulting from providing, or failing to provide, the information on maternal mental health conditions, including postpartum depression, developed pursuant to this section. §22-20-3.4 (a) A physician or other health care professional licensed under Chapter 24 of Title 34 or Article 5 of Chapter 21 of Title 34, when rendering postnatal or pediatric infant care, shall assess a birth mother for postpartum depression. (b) A physician or other health care professional licensed under Chapter 24 of Title 34 or Article 5 of Chapter 21 of Title 34, shall exercise professional judgment in recommending or not recommending any treatment that he or she believes is in the best interest of the birth mother. (c) Nothing in this section shall be construed to establish a standard of care for physicians or other health care professionals licensed under Chapter 24 of Title 34 or Article 5 of Chapter 21 of Title 34, or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1996, or any amendment thereto, or any judicial interpretation thereof. Section 2. This act shall become effective on October 1, 2025. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108