HB729: HB729 Georgia Maternity Care Desert Reduction Act; enact

25 LC 52 0816 House Bill 729 By: Representatives Miller of the 62nd, Hugley of the 141st, Schofield of the 63rd, Paris of the 142nd, Buckner of the 137th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the1 Department of Public Health, so as to establish programs to pro vide obstetric care in low2 access to maternity care areas and maternity care deserts; to p rovide for definitions; to3 establish a student loan repayment program for certain obstetri c providers; to establish a4 grant program for certain perinatal facilities; to establish a state funded program to assist5 certain pregnant women in obtaining obstetric care; to provide for appropriations and6 funding; to provide for reporting; to provide for rules and regulations; to provide for related7 matters; to provide for a short title; to provide for legislati ve findings; to provide for an8 effective date; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Georgia Maternity Care Desert Reduction12 Act."13 SECTION 2.14 The General Assembly finds that:15 H. B. 729 - 1 - 25 LC 52 0816 (1) Approximately 34.6 percent of Georgia's counties are class ified as maternity care16 deserts, lacking adequate maternal healthcare services;17 (2) Georgia has one of the highest maternal mortality rates in the nation, with significant18 racial disparities disproportionately affecting Black women; and19 (3) Access to comprehensive maternity care is essential for reducing maternal and infant20 mortality and promoting health equity.21 SECTION 3.22 Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department23 of Public Health, is amended by adding a new article to read as follows:24 "ARTICLE 425 31-2A-70.26 As used in this article, the term:27 (1) 'Department' means the Department of Public Health.28 (2) 'Eligible applicant' means a person who is a legal resident of this state, is an obstetric29 provider, and provides or agrees to provide obstetric care in a low access to maternity30 care area or a maternity care desert.31 (3) 'Low access to maternity care area' means a county in this state that has limited32 access to maternity care services, as evidenced by having only one hospital or birth33 center offering obstetric care, fewer than 60 obstetric providers per 10,000 births, or 1034 percent or more reproductive aged women without health insurance.35 (4) 'Maternity care desert' means a county in this state that has no hospitals or birth36 centers offering obstetric care or no obstetric providers.37 (5) 'Obstetric care' means the management of low-risk, moderat e-risk, and high-risk38 pregnancies, including labor, delivery, and the postpartum period.39 H. B. 729 - 2 - 25 LC 52 0816 (6) 'Obstetric provider' means a licensed obstetrician-gynecol ogist, a licensed family40 physician who delivers babies, a certified nurse midwife, or a licensed nurse practitioner41 who delivers babies.42 (7) 'Perinatal facility' means a hospital, clinic, or birthing center that provides maternal43 or neonatal healthcare services.44 (8) 'Recipient' means an eligible applicant who applied for an d was approved by the45 department for student loan repayment under Code Section 31-2A-71.46 (9) 'State program participant' means a pregnant woman who resides in a low access to47 maternity care area or maternity care desert and is uninsured o r underinsured, as48 established by rules promulgated by the department.49 (10) 'Student loan' means debt incurred by an eligible applicant that is:50 (A) Evidenced by a promissory note which required the funds received to be used to51 pay for the cost of attendance for the graduate or professional education of the eligible52 applicant;53 (B) Not in default at the time of application for repayment under this article; and54 (C) Not subject to an existing service obligation or to repaym ent through another55 student loan repayment or loan forgiveness program or as a condition of employment.56 31-2A-71.57 (a) The department, in coordination with the Georgia Board of Health Care Workforce,58 shall establish a student loan repayment program for the purpose of increasing the number59 of obstetric providers in low access to maternity care areas and maternity care deserts.60 (b) The department shall establish criteria, implement an application process, and award61 recipients consistent with the provisions of this Code section.62 (c) The department shall be authorized to provide for the repayment of student loans held63 by recipients in consideration of the recipient performing obst etric care as an obstetric64 provider in a low access to maternity care area or maternity care desert.65 H. B. 729 - 3 - 25 LC 52 0816 (d)(1) Each recipient before being granted any student loan repayment shall enter into66 a student loan repayment agreement with the department agreeing to the terms and67 conditions upon which the student loan repayment is granted.68 (2) The department shall have the power to terminate a student loan repayment69 agreement at any time for any cause deemed sufficient by the department, provided that70 such power shall not be arbitrarily or unreasonably exercised.71 (e) Each student loan repayment agreement entered into under the authority granted in this72 Code section shall:73 (1) Provide for repayment of the recipient's student loans in a total amount to be74 determined by the department, but not exceeding the total stude nt loan debt of the75 recipient, to be paid out in installments made each 12 months o ver a term of not more76 than five years;77 (2) Provide that any payment made by the department under a student loan repayment78 agreement shall be made in consideration of services rendered b y the recipient79 performing obstetric care as an obstetric provider in a low access to maternity care area80 or maternity care desert;81 (3) Provide that the department shall make a payment toward th e recipient's student82 loans, in an amount set forth in the agreement, for each 12 months the recipient performs83 obstetric care as an obstetric provider in a low access to maternity care area or maternity84 care desert; and85 (4) Require that the recipient remain a legal resident of this state; maintain licensure in86 this state as an obstetric provider; and perform obstetric care in a low access to maternity87 care area or maternity care desert at all times during the term of the agreement.88 (f) The student loan repayment program established pursuant to this Code section shall be89 contingent upon the appropriation of funds by the General Assembly for the purposes of90 this Code section in annual appropriations Acts of the General Assembly.91 H. B. 729 - 4 - 25 LC 52 0816 31-2A-72.92 (a) The department shall establish a grant program for perinatal facilities in low access to93 maternity care areas or maternity care deserts to use for:94 (1) The recruitment and retention of obstetric providers;95 (2) Facility upgrades of obstetric units that are related to o bstetric care, equipment96 purchases related to obstetric care, and the establishment of obstetric units; and97 (3) Partnerships with larger medical centers to offer training, resources, and support for98 obstetric care and obstetric providers.99 (b) The department shall establish criteria, implement an application process, and award100 grants consistent with the provisions of this Code section.101 (c) The grant program established pursuant to this Code section shall be contingent upon102 the appropriation of funds by the General Assembly for the purposes of this Code section103 in annual appropriations Acts of the General Assembly.104 31-2A-73.105 (a) The department, in coordination with the Department of Com munity Health and the106 office of the Commissioner of Insurance, shall establish a state funded program to assist107 pregnant women in obtaining obstetric care in low access to mat ernity care areas or108 maternity care deserts.109 (b) The department shall establish criteria, implement an application process, and approve110 services to state program participants consistent with the provisions of this Code section.111 (c) The department shall be authorized to provide for arranging, providing, paying in part112 or whole for, or reimbursing an obstetric provider or a state p rogram participant for113 obstetric care in a low access to maternity care area or maternity care desert; transportation114 for such care; telehealth services related to such care; and child care so that a state program115 participant can receive such care.116 H. B. 729 - 5 - 25 LC 52 0816 (d) The department shall provide on its public website information about the state funded117 program provided for in this Code section.118 (e) The state funded program established pursuant to this Code section shall be contingent119 upon the appropriation of funds by the General Assembly for the purposes of this Code120 section in annual appropriations Acts of the General Assembly.121 31-2A-74.122 (a) The department shall be authorized to accept donations, contributions, and gifts and to123 receive, hold, and use grants, devises, and bequests of real, personal, and mixed property124 on behalf of the state to enable the department to carry out the functions and purposes of125 this article.126 (b) The department shall be authorized to pursue federal fundi ng opportunities and127 collaborations with private entities, nonprofit organizations, and philanthropic128 organizations to fund any of the programs established pursuant to this article.129 31-2A-75.130 (a) The department shall annually prepare and submit to the Governor, the President of the131 Senate, the Speaker of the House of Representatives, and the ch airpersons of the House132 Committee on Public Health and the Senate Health and Human Serv ices Committee for133 distribution to its committee members a report indicating:134 (1) The total number of eligible applicants for the student loan repayment program, total135 number of recipients in the student loan repayment program, and amount awarded to each136 recipient pursuant to Code Section 31-2A-71;137 (2) The total number of perinatal facilities that applied for the grant program, total138 number of such facilities that were awarded grants, and amount of each grant awarded139 to each perinatal facility pursuant to Code Section 31-2A-72; and140 H. B. 729 - 6 - 25 LC 52 0816 (3) The total number of pregnant women who sought assistance through the state funded141 program, total number of state program participants, type of assistance provided through142 such program, and the amount of money used for such assistance pursuant to Code143 Section 31-2A-73.144 (b) The department shall regularly evaluate the effectiveness of the programs established145 pursuant to this article and shall biennially make recommendati ons to the General146 Assembly on the continuation or discontinuation or any adjustme nts to improve the147 effectiveness of such programs in the annual report provided for in subsection (a) of this148 Code section.149 31-2A-76.150 The department shall adopt such rules and regulations as are reasonable and necessary to151 implement the provisions of this article."152 SECTION 4.153 This Act shall become effective upon its approval by the Governor or upon its becoming law154 without such approval.155 SECTION 5.156 All laws and parts of laws in conflict with this Act are repealed.157 H. 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