1 of 1 SENATE DOCKET, NO. 998 FILED ON: 1/15/2025 SENATE . . . . . . . . . . . . . . No. 789 The Commonwealth of Massachusetts _________________ PRESENTED BY: Liz Miranda _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to insurance coverage for doula services. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Liz MirandaSecond Suffolk 1 of 10 SENATE DOCKET, NO. 998 FILED ON: 1/15/2025 SENATE . . . . . . . . . . . . . . No. 789 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 789) of Liz Miranda for legislation relative to insurance coverage for doula services. Financial Services. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 680 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to insurance coverage for doula services. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after 2section 33 the following section:- Section 34. (a) For the purpose of this section, the term “doula 3services” shall have the following meaning: 4 “Doula Services” are physical, emotional, and informational support, but not medical 5care, provided by trained doulas to individuals and families from conception until twelve months 6after pregnancy, labor, childbirth, adoption, miscarriage, stillbirth or abortion. Doula services 7include but are not limited to: (1) continuous labor and delivery support, inclusive of all 8outcomes; (2) support for pregnancy loss or infant loss, including bereavement home or in- 9person visits; (3) accompanying individuals to health care and social services appointments; (4) 10connecting individuals to community-based and state- and federally-funded resources, including 2 of 10 11those which address social determinants of health; (5) being on-call around the time of birth, 12adoption, loss or abortion, as well as providing on-call support in-person or via telehealth for 13individuals’ questions or concerns; (6) support for other individuals providing care for a birthing 14or adoptive parent, including spouses, partners, and other family members. (7) educational and 15informational support including but not limited to childbirth preparation, newborn care, perinatal 16mental health, and postpartum recovery. (8) empowering individuals to advocate for their 17preferences, needs and rights during pregnancy, labor and delivery, and postpartum. 18 (b) Any coverage offered by the commission to an active or retired employee of the 19commonwealth and their dependents insured under the group insurance commission (hereinafter 20“policy”) shall provide coverage for all doula services. Coverage provided for doula services 21shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing 22requirement. (c) No policy shall require a referral for doula services by any other health care 23provider as a condition of reimbursement. (d) Doulas shall be reimbursed for their services at a 24rate at least equivalent to MassHealth’s reimbursement rate for doula services. (e) A policy shall 25cover, without prior authorization, a minimum of twenty hours of prenatal and postpartum doula 26services per pregnancy, and continuous support throughout labor and delivery, inclusive of all 27pregnancy outcomes. Within the authorized number of doula hours, policies shall not impose 28limitations on the amount of time a doula can bill per patient per day. (f) Policies must establish 29a process to approve coverage of additional hours of doula services in cases where the patient has 30heightened risk or need. (g) Policies shall follow the doula credentialing requirements developed 31by the Massachusetts Department of Public Health, and may not impose any additional 32credentialing requirements. Additionally, any doula approved as a MassHealth Doula Provider 33shall be deemed as meeting all credentialing requirements. 3 of 10 34 SECTION 2. Chapter 175 of the General Laws, as so appearing, is hereby amended by 35inserting after section 47UU the following section:- SECTION 47VV. (a) For the purpose of this 36section, the term “doula services” shall have the following meaning: “Doula Services” are 37physical, emotional, and informational support, but not medical care, provided by trained doulas 38to individuals and families from conception until twelve months after pregnancy, labor, 39childbirth, adoption, miscarriage, stillbirth or abortion. Doula services include but are not limited 40to: (1) continuous labor and delivery support, inclusive of all outcomes; (2) support for 41pregnancy loss or infant loss, including bereavement home or in-person visits; (3) accompanying 42individuals to health care and social services appointments; (4) connecting individuals to 43community-based and state- and federally-funded resources, including those which address 44social determinants of health; (5) being on-call around the time of birth, adoption, loss or 45abortion, as well as providing on-call support in-person or via telehealth for individuals’ 46questions or concerns; (6) support for other individuals providing care for a birthing or adoptive 47parent, including spouses, partners, and other family members. 48 (7) educational and informational support including but not limited to childbirth 49preparation, newborn care, perinatal mental health, and postpartum recovery. (8) empowering 50individuals to advocate for their preferences, needs and rights during pregnancy, labor and 51delivery, and postpartum. (b) A policy, contract, agreement, plan or certificate of insurance 52issued, delivered or renewed within the commonwealth (hereinafter “policy”) shall provide 53coverage for all doula services. Coverage provided under this section for doula services shall not 54be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. (c) 55No policy shall require a referral for doula services by any other health care provider as a 56condition of reimbursement. (d) Doulas shall be reimbursed for their services at a rate at least 4 of 10 57equivalent to MassHealth’s reimbursement rate for doula services. (e) A policy shall cover, 58without prior authorization, a minimum of twenty hours of prenatal and postpartum doula 59services per pregnancy, and continuous support throughout labor and delivery, inclusive of all 60pregnancy outcomes. Within the authorized number of doula hours, policies shall not impose 61limitations on the amount of time a doula can bill per patient per day. (f) Policies must establish 62a process to approve coverage of additional hours of doula services in cases where the patient has 63heightened risk or need. 64 (g) Policies shall follow the doula credentialing requirements developed by the 65Massachusetts Department of Public Health, and may not impose any additional credentialing 66requirements. Additionally, any doula approved as a MassHealth Doula Provider shall be 67deemed as meeting all credentialing requirements. 68 SECTION 3. Chapter 176A of the General Laws, is hereby amended by inserting after 69section 8VV the following section:- SECTION 8WW. (a) For the purpose of this section, the 70term “doula services” shall have the following meaning: “Doula Services” are physical, 71emotional, and informational support, but not medical care, provided by trained doulas to 72individuals and families from conception until twelve months after pregnancy, labor, childbirth, 73adoption, miscarriage, stillbirth or abortion. Doula services include but are not limited to: (1) 74continuous labor and delivery support, inclusive of all outcomes; (2) support for pregnancy loss 75or infant loss, including bereavement home or in-person visits; (3) accompanying individuals to 76health care and social services appointments; (4) connecting individuals to community-based and 77state- and federally-funded resources, including those which address social determinants of 78health; 5 of 10 79 (5) being on-call around the time of birth, adoption, loss or abortion, as well as providing 80on-call support in-person or via telehealth for individuals’ questions or concerns; (6) support for 81other individuals providing care for a birthing or adoptive parent, including spouses, partners, 82and other family members. (7) educational and informational support including but not limited to 83childbirth preparation, newborn care, perinatal mental health, and postpartum recovery. (8) 84empowering individuals to advocate for their preferences, needs and rights during pregnancy, 85labor and delivery, and postpartum. (b) Any contract between a subscriber and a corporation 86subject to this chapter, pursuant to an individual or group hospital service plan that is delivered, 87issued or renewed within the commonwealth (hereinafter “policy”) shall provide coverage for all 88doula services. Coverage provided under this section for doula services shall not be subject to 89any deductible, coinsurance, copayment or any other cost-sharing requirement. (c) No policy 90shall require a referral for doula services by any other health care provider as a condition of 91reimbursement. (d) Doulas shall be reimbursed for their services at a rate at least equivalent to 92MassHealth’s reimbursement rate for doula services. 93 (e) A policy shall cover, without prior authorization, a minimum of twenty hours of 94prenatal and postpartum doula services per pregnancy, and continuous support throughout labor 95and delivery, inclusive of all pregnancy outcomes. Within the authorized number of doula hours, 96policies shall not impose limitations on the amount of time a doula can bill per patient per day. 97(f) Policies must establish a process to approve coverage of additional hours of doula services in 98cases where the patient has heightened risk or need. (g) Policies shall follow the doula 99credentialing requirements developed by the Massachusetts Department of Public Health, and 100may not impose any additional credentialing requirements. Additionally, any doula approved as a 101MassHealth Doula Provider shall be deemed as meeting all credentialing requirements. 6 of 10 102 SECTION 4. Chapter 176B of the General Laws, is hereby amended by inserting after 103section 4VV the following section:- Section 4WW. (a) For the purpose of this section, the term 104“doula services” shall have the following meaning: “Doula Services” are physical, emotional, 105and informational support, but not medical care, provided by trained doulas to individuals and 106families from conception until twelve months after pregnancy, labor, childbirth, adoption, 107miscarriage, stillbirth or abortion. Doula services include but are not limited to: (1) continuous 108labor and delivery support, inclusive of all outcomes; 109 (2) support for pregnancy loss or infant loss, including bereavement home or in-person 110visits; (3) accompanying individuals to health care and social services appointments; (4) 111connecting individuals to community-based and state- and federally-funded resources, including 112those which address social determinants of health; (5) being on-call around the time of birth, 113adoption, loss or abortion, as well as providing on-call support in-person or via telehealth for 114individuals’ questions or concerns; (6) support for other individuals providing care for a birthing 115or adoptive parent, including spouses, partners, and other family members. (7) educational and 116informational support including but not limited to childbirth preparation, newborn care, perinatal 117mental health, and postpartum recovery. (8) empowering individuals to advocate for their 118preferences, needs and rights during pregnancy, labor and delivery, and postpartum. (b) Any 119subscription certificate under an individual or group medical service agreement that is delivered, 120issued or renewed within the commonwealth (hereinafter “policy”) shall provide coverage for all 121doula services. Coverage provided under this section for doula services shall not be subject to 122any deductible, coinsurance, copayment or any other cost-sharing requirement. 123 (c) No policy shall require a referral for doula services by any other health care provider 124as a condition of reimbursement. (d) Doulas shall be reimbursed for their services at a rate at 7 of 10 125least equivalent to MassHealth’s reimbursement rate for doula services. (e) A policy shall cover, 126without prior authorization, a minimum of twenty hours of prenatal and postpartum doula 127services per pregnancy, and continuous support throughout labor and delivery, inclusive of all 128pregnancy outcomes. Within the authorized number of doula hours, policies shall not impose 129limitations on the amount of time a doula can bill per patient per day. (f) Policies must establish 130a process to approve coverage of additional hours of doula services in cases where the patient has 131heightened risk or need. (g) Policies shall follow the doula credentialing requirements developed 132by the Massachusetts Department of Public Health, and may not impose any additional 133credentialing requirements. Additionally, any doula approved as a MassHealth Doula Provider 134shall be deemed as meeting all credentialing requirements. 135 SECTION 5. Chapter 176G of the General Laws, is hereby amended by inserting after 136section 4NN the following section:- Section 4OO. (a) For the purpose of this section, the term 137“doula services” shall have the following meaning: 138 “Doula Services” are physical, emotional, and informational support, but not medical 139care, provided by trained doulas to individuals and families from conception until twelve months 140after pregnancy, labor, childbirth, adoption, miscarriage, stillbirth or abortion. Doula services 141include but are not limited to: (1) continuous labor and delivery support, inclusive of all 142outcomes; (2) support for pregnancy loss or infant loss, including bereavement home or in- 143person visits; (3) accompanying individuals to health care and social services appointments; (4) 144connecting individuals to community-based and state- and federally-funded resources, including 145those which address social determinants of health; (5) being on-call around the time of birth, 146adoption, loss or abortion, as well as providing on-call support in-person or via telehealth for 147individuals’ questions or concerns; (6) support for other individuals providing care for a birthing 8 of 10 148or adoptive parent, including spouses, partners, and other family members. (7) educational and 149informational support including but not limited to childbirth preparation, newborn care, perinatal 150mental health, and postpartum recovery. (8) empowering individuals to advocate for their 151preferences, needs and rights during pregnancy, labor and delivery, and postpartum. 152 (b) Any individual or group health maintenance contract that is issued or renewed within 153or without the commonwealth (hereinafter “policy”) shall provide coverage for all doula 154services. Coverage provided under this section for doula services shall not be subject to any 155deductible, coinsurance, copayment or any other cost-sharing requirement. (c) No policy shall 156require a referral for doula services by any other health care provider as a condition of 157reimbursement. (d) Doulas shall be reimbursed for their services at a rate at least equivalent to 158MassHealth’s reimbursement rate for doula services. (e) A policy shall cover, without prior 159authorization, a minimum of twenty hours of prenatal and postpartum doula services per 160pregnancy, and continuous support throughout labor and delivery, inclusive of all pregnancy 161outcomes. Within the authorized number of doula hours, policies shall not impose limitations on 162the amount of time a doula can bill per patient per day. (f) Policies must establish a process to 163approve coverage of additional hours of doula services in cases where the patient has heightened 164risk or need. (g) Policies shall follow the doula credentialing requirements developed by the 165Massachusetts Department of Public Health, and may not impose any additional credentialing 166requirements. Additionally, any doula approved as a MassHealth Doula Provider shall be 167deemed as meeting all credentialing requirements. 168 SECTION 6. Sections 2 through 6 of this act shall apply to all policies, contracts and 169certificates of health insurance subject to chapters 32A, chapter 175, chapter 176A, chapter 170176B, and chapter 176G which are delivered, issued or renewed on or after September 1, 2026. 9 of 10 171SECTION 7. Doula Advisory Committee: There is hereby created a Doula Advisory Committee. 172(1) The committee shall consist of 10-12 members to be appointed by the Governor, or designee. 173(a) All but 2 of the members shall be practicing doulas from the community representing a range 174of experience levels and a diversity of lived experience; the remaining 2 members shall be 175individuals from the community who have experienced pregnancy as a MassHealth member and 176are not practicing doulas. (b) The members of the committee shall represent an equitable 177geographic distribution from across the Commonwealth, including representation from areas 178within the Commonwealth where maternal and infant outcomes are worse than the state average, 179as evidenced by the MA Department of Public Health’s most current perinatal data available at 180the time the member is appointed. (2) The committee shall be convened within six months of 181passage of this law. (3) Of the initial appointments to the Doula Advisory Committee, half shall 182be appointed to a term of 2 years and half shall be appointed to a term of 18 months. Thereafter, 183all terms shall be 2 years. The Governor, or designee, shall fill vacancies as soon as practicable. 184 (4) At least once every 8 weeks, the Division of Medical Assistance shall meet with the 185Doula Advisory Committee to consult about MassHealth’s coverage of doula services, including 186but not limited to the following: (a) the standards and processes around billing for and prompt 187reimbursement of doula services; (b) establishing grievance procedures for doulas, MassHealth 188members, and health care providers about MassHealth’s coverage of doula services, the 189provision of doula services to MassHealth members, and bias that doulas face as they try to 190integrate into birth teams; (c) maintaining a reimbursement rate for doula services that 191incentivizes and supports a diverse workforce representative of the communities served, and 192establishing a recurring timeframe to review that rate in light of inflation and changing costs of 193living in the commonwealth; (5) Each year, the Doula Advisory Committee must, by a majority 10 of 10 194vote of a quorum of its members, select an individual to serve as its chairperson for a one year 195term. The Doula Advisory Committee may replace the chairperson in the same manner mid- 196term. (6) The Doula Advisory Committee may, by a majority vote of a quorum of its members, 197reduce the frequency of meetings with MassHealth to less than once every 8 weeks. (7) The 198Division of Medical Assistance shall seek resources to offer reasonable compensation to 199members of the Doula Advisory Committee for fulfilling their duties, and shall reimburse 200members for actual and necessary expenses incurred while fulfilling their duties. 201 SECTION 8. Chapter 111 of the General Laws is hereby amended by inserting in section 20270E after “Every patient or resident of a facility shall have the right:”: (i) to have their birth 203doula’s continuous presence during labor and delivery. Facilities shall not place an undue burden 204on access of a patient’s doula to clinical labor and delivery settings, and shall not arbitrarily 205exclude a patient’s doula from such settings. A doula shall not be counted as a patient's guest or 206support person.