HLS 24RS-940 ORIGINAL 2024 Regular Session HOUSE BILL NO. 702 BY REPRESENTATIVE WILLARD MEDICAID: Provides for Medicaid coverage and support for doula services 1 AN ACT 2To enact Part V of Chapter 8 of Title 46 of the Louisiana Revised Statutes of 1950, to be 3 comprised of R.S. 46:977.32 through 977.34, relative to Medicaid insurance 4 coverage for doula services; to provide for legislative findings; to provide for 5 definitions; to require Medicaid coverage for maternity services provided by doulas; 6 to provide for enrollment qualifications; to assign certain duties to the Louisiana 7 Department of Health; to provide for an effective date; and to provide for related 8 matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. Part V of Chapter 8 of Title 46 of the Louisiana Revised Statutes of 1950, 11comprised of R.S. 46:977.32 through 977.34, is hereby enacted to read as follows: 12 PART V. MEDICAID AND HEALTH INSURANCE COVERAGE F OR DOULAS 13 §977.32. Legislative findings 14 The legislature hereby finds and affirms all of the following: 15 A. Leading professional societies, such as the American College of 16 Obstetricians and Gynecologists and the Society for Maternal-Fetal Medicine, and 17 federal agencies, such as the Centers for Disease Control and Prevention, the Health 18 Resources and Services Administration, and the Centers for Medicare and Medicaid 19 Services, have recognized the well-established benefits of doula services. Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-940 ORIGINAL HB NO. 702 1 B. Research has demonstrated that support from a doula is associated with 2 lower cesarean section rates, fewer obstetric interventions, fewer complications 3 during and after childbirth, decreased use of pain medication, shorter labor hours, 4 and higher scores on the Appearance, Pulse, Grimace, Activity, and Respiration 5 (APGAR) test, which indicates how well the baby is doing outside the womb. 6 C. As a state, Louisiana has one of the highest maternal mortality rates in the 7 United States, which is indicative of a maternity problem. Taking that statistic into 8 consideration, it is evident that this state has an obligation to promote practices that 9 improve maternal health outcomes. 10 §977.33. Definitions; health coverage; policy provisions 11 A. For purposes of this Section, the following definitions apply: 12 (1) "Doula" means an individual who has been trained to provide physical, 13 emotional, and educational support, but not medical or midwifery care, to pregnant 14 and birthing women and their families before, during, and after childbirth. 15 (2) "Doula treatment or care" means any maternal healthcare services 16 rendered by a registered doula in this state. 17 B. Any Medicaid coverage plan delivered or issued for delivery in this state 18 that provides benefits for maternity services shall include coverage for services 19 provided by a doula before, during, and after childbirth as provided in R.S. 20 40:977.34. The coverage may also be subject to a minimum service rate per 21 pregnancy of one thousand two hundred fifty dollars. 22 C. Doula services shall include but not be limited to all of the following: 23 (1) Support and assistance during labor and childbirth. 24 (2) Prenatal and postpartum support and education. 25 (3) Breastfeeding assistance and lactation support. 26 (4) Parenting education. 27 (5) Support for a birthing person after the loss of a pregnancy. 28 D. At minimum, each Medicaid plan shall comply with the provisions in 29 R.S. 40:977.34 and provide coverage for the following services: Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-940 ORIGINAL HB NO. 702 1 (1) Three prenatal visits for up to ninety minutes. 2 (2) Three postpartum visits for up to ninety minutes. 3 (3) Assistance and attendance during labor and birth. 4 E.(1) The requirements established by Medicaid managed care plans to 5 insure the services provided by a doula before, during, and after childbirth shall not 6 be construed to preclude a doula from practice in this state. 7 (2)(a) A doula may opt to practice in this state and forego any eligible 8 reimbursement via a health coverage plan. 9 (b) Doulas opting in for reimbursement via a Medicaid managed care plan 10 shall have approved registration with the Louisiana Doula Registry Board. 11 F. All doulas with approved registration with the Louisiana Doula Registry 12 Board shall have acceptance as a provider of such services with all Louisiana 13 Medicaid plans. 14 G. Terminology in any Medicaid managed care plan or contract deemed 15 discriminatory against doulas and doula services is void and unenforceable. 16 H. The provisions of Subsection B of this Section shall apply to any new 17 Medicaid managed care plan issued on and after August 1, 2024. Any Medicaid 18 managed care plan in effect prior to August 1, 2024 shall convert to conform to the 19 provisions of this Part on or before the renewal date, but no later than January 1, 20 2025. 21 §977.34. Required Medicaid coverage for doulas 22 A. The Louisiana Medicaid program shall cover inpatient and, if deemed 23 appropriate, outpatient coverage for doula treatment or care when such care or 24 treatment is used for a medically accepted indication and administered in any 25 healthcare facility by any healthcare professional appropriately licensed in this state 26 to provide doula treatment or care in accordance with state and federal guidelines or 27 certifications. 28 B. Any healthcare facility appropriately providing doula treatment or care 29 in accordance with state and federal guidelines or certifications that participates in Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-940 ORIGINAL HB NO. 702 1 the Louisiana Medicaid program shall provide doula treatment or care to an 2 individual who is eligible for such enrollment as defined in Subsection C of this 3 Section. 4 C.(1) To receive coverage from the Louisiana Medicaid program for doula 5 treatment or care, the eligibility of a prospective enrollee shall be determined by the 6 healthcare facility appropriately providing doula treatment or care in accordance 7 with state and federal guidelines or certifications as provided in Subsection B of this 8 Section. 9 (2) A prospective enrollee shall be considered eligible for doula treatment 10 or care enrollment if the individual satisfies all of the following qualifications: 11 (a) The individual is enrolled in the Louisiana Medicaid program. 12 (b) A licensed healthcare provider has certified that doula treatment or care 13 is medically necessary and appropriate to treat the individual's condition. 14 (c) The doula treatment or care is administered in any healthcare facility 15 appropriately providing doula treatment or care in accordance with state and federal 16 guidelines or certifications. 17 D. Pursuant to this Section, the secretary of the department shall do all of the 18 following: 19 (1) Submit to the Centers for Medicare and Medicaid Services all necessary 20 state plan amendments. 21 (2) Promulgate and adopt all necessary rules and regulations in accordance 22 with the Administrative Procedure Act. 23 (3) Take any other actions necessary to implement the provisions of this Part. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 702 Original 2024 Regular Session Willard Abstract: Requires Medicaid coverage for doula services. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-940 ORIGINAL HB NO. 702 Proposed law provides legislative findings that list leading professional societies that recognize the well-established benefits of doula services and the research that demonstrates the benefits of doula support. Proposed law defines "doula" and "doula treatment or care". Proposed law requires any Medicaid coverage plan delivered or issued for delivery in this state that provides benefits for maternity services to provide coverage for services provided by a doula before, during, and after childbirth. Proposed law provides that the Medicaid coverage may also be subject to a minimum service rate per pregnancy of $1,250. Proposed law provides that the doula services shall include but not be limited to all of the following: (1)Support and assistance during labor and childbirth. (2)Prenatal and postpartum support and education. (3) Breastfeeding assistance and lactation support. (4)Parenting education. (5)Support for a birthing person after the loss of a pregnancy. Proposed law provides that, at a minimum, each Medicaid plan must comply with the provisions of proposed law and provide coverage for the following services: (1)3 prenatal visits for up to 90 minutes. (2)3 postpartum visits for up to 90 minutes. (3)Assistance and attendance during labor and birth. Proposed law allows a doula to opt to practice in this state and forego any eligible reimbursement via Medicaid. Proposed law provides that doulas opting in for reimbursement via a health coverage plan must have approved registration with the La. Doula Registry Board. Proposed law requires all doulas with approved registration with the La. Doula Registry Board to have acceptance as a provider of such services with all state Medicaid plans. Proposed law prohibits any Medicaid plan or contract that contains discriminatory terminology against doulas and doula services. Proposed law provides that the provisions of proposed law are applicable to any new policy, contract, program, or Medicaid plan issued on and after Aug. 1, 2024. Proposed law further provides that any policy, contract, or Medicaid plan in effect prior to Aug. 1, 2024 shall be converted to conform to the provisions of proposed law on or before the renewal date, but no later than Jan. 1, 2025. Proposed law requires the Medicaid program in this state to cover inpatient and, if deemed appropriate, outpatient coverage for doula treatment or care when such care or treatment, is used for a medically accepted indication, and administered in any healthcare facility by any healthcare professional appropriately licensed in this state to provide such medical treatment or care in accordance with state and federal provisions. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-940 ORIGINAL HB NO. 702 Proposed law provides that the eligibility of a prospective enrollee shall be determined by the healthcare facility appropriately providing doula treatment or care as provided in proposed law. Proposed law establishes certain requirements for the secretary of LDH in compliance with proposed law. (Adds R.S. 46:977.32-977.34) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.