SLS 23RS-331 ORIGINAL 2023 Regular Session SENATE BILL NO. 135 BY SENATOR BARROW Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. MEDICAID. Provides relative to Medicaid reimbursement for services provided by a licensed midwife. (8/1/23) 1 AN ACT 2 To enact R.S. 46:451, relative to Medicaid reimbursement for midwifery services; to provide 3 for a minimum rate of reimbursement relative to physician reimbursement; to 4 provide for legislative findings; to provide for definitions; to provide for eligibility 5 requirements; to provide for approval by CMS; to provide for rulemaking; to provide 6 for prohibited decreases in certain reimbursements; and to provide for related 7 matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 46:451 is hereby enacted to read as follows: 10 ยง451. Medicaid reimbursement; midwifery services 11 A. The legislature hereby finds and affirms all of the following: 12 (1) Licensed midwives are community-based practitioners who provide 13 comprehensive, holistic, individualized maternity care and alternative birthing 14 services to low-risk clients. 15 (2) Midwifery care is family-centered and individualized to consider the 16 unique cultural, ethnic, psychosocial, nutritional, and educational needs of the 17 client and supports healthy lifestyle habits that benefit the whole family. Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 135 SLS 23RS-331 ORIGINAL 1 (3) Midwives have made a tremendous contribution to the health and 2 welfare of mothers and the practice of midwifery continues to advance as a 3 profession as these providers comprise an increasing part of mainstream health 4 care. 5 B. The Louisiana Department of Health shall implement a Medicaid 6 reimbursement rate for midwifery services that is, at a minimum, ninety 7 percent of the amount reimbursed to licensed physicians for the provision of the 8 same health services in pregnancy and childbirth. 9 C. For purposes of this Section, "midwife" means a midwife licensed by 10 the Louisiana State Board of Medical Examiners pursuant to R.S. 37:3240 et 11 seq. or a nurse midwife certified by the Louisiana State Board of Nursing 12 pursuant to R.S. 37:913. 13 D.(1) The midwife shall be enrolled as a Medicaid provider and be a 14 managed care organization network provider in the Medicaid program in order 15 to be reimbursed in accordance with this Section. 16 (2) Implementation of the reimbursement rate provided for in this 17 Section shall be subject to approval by the Centers for Medicare and Medicaid 18 Services. 19 (3) The Louisiana Department of Health may promulgate any rules as 20 may be necessary to implement the provisions of this Section. 21 E.(1) Nothing in this Section shall be construed to require a decrease in 22 any reimbursement rate for midwife services that are reimbursed equal to the 23 amount reimbursed to licensed physicians. 24 (2) Nothing in this Section shall be construed to expand, diminish, or 25 alter the scope of practice of a midwife. 26 (3) Nothing in this Section shall be construed to require the Medicaid 27 program to cover any specific healthcare service. Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 135 SLS 23RS-331 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Brandi Cannon. DIGEST SB 135 Original 2023 Regular Session Barrow Proposed law provides that the La. Dept. of Health shall implement a Medicaid reimbursement rate for midwife services that is, at a minimum, 90% of the amount reimbursed to licensed physicians for the provision of the same health services in pregnancy and childbirth. Proposed law defines "midwife". Proposed law requires the midwife to be enrolled as a Medicaid provider and be a managed care organization network provider in the Medicaid program in order to be reimbursed in accordance with proposed law. Proposed law is subject to approval by the Centers for Medicare and Medicaid Services. Proposed law shall not be construed to do any of the following: (1)Require a decrease in any reimbursement rate for midwife services that are reimbursed equal to the amount reimbursed to licensed physicians. (2)Expand, diminish, or alter the scope of practice of a midwife. (3)Require Medicaid to cover any specific healthcare service. Effective August 1, 2023. (Adds R.S. 46:451) Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.