House Bill 925
By: Representatives Cannon of the 58th, Miller of the 62nd, Scott of the 76th, Bazemore of the
69th, Hugley of the 141st, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 31, 33, 34, 37, 45, 48, and 49 of the Official Code of Georgia Annotated,
relating to health, insurance, labor and industrial relations, mental health, public officers and
employees, revenue and taxation, and social services, respectively, so as to enact the
"Georgia Maternal Health Momnibus Act"; to provide for legislative findings and intent; to
provide for a short title; to repeal Code Section 31-2A-19, relating to pilot program for home
visitation during pregnancy and early childhood, reporting, and funding requirement; to
establish pilot programs to provide prenatal care and postpartum care through telemedicine
and mobile health clinics for women residing in limited maternity care counties and
maternity care deserts; to authorize rules and regulations, provide for reporting, provide for
contingent effectiveness, and provide for termination and automatic repeal with respect to
such pilot programs; to provide for group prenatal care and postpartum care classes and
sessions to certain pregnant and postpartum women from low-income households; to
authorize rules and regulations and provide for reporting with respect to the same; to require
implicit bias initial and refresher training for certain healthcare professionals involved in
perinatal care; to create and provide a purpose for the Regional Perinatal Center Advisory
Committee; to provide for its composition and duties; to provide for assessment and
recommendations to the commissioner of public health; to establish criteria for hospitals
interested in being designated as a regional perinatal center; to authorize rules and
regulations and provide for presentation of a plan every four years with respect to such
committee; to provide for coverage for maternal mental health screening and care; to provide
for a comprehensive quality metrics program with respect to such screening and care; to
require the provision of educational materials upon signs and symptoms of perinatal mood
and anxiety disorders; to establish a pilot program for remote maternal mental health
screening and monitoring; to provide for legislative intent, authorize rules and regulations,
and provide for funding and reporting with respect to such pilot program; to establish a pilot
program to provide coverage under the Medicaid program for doula care for pregnant
Medicaid recipients; to provide for doula qualifications, authorize rules and regulations,
provide for reporting, provide for contingent effectiveness, and provide for termination and
automatic repeal with respect to such pilot program; to provide for a public awareness
campaign related to maternal health; to expand the Georgia WIC (Women, Infants, and
Children) program to cover children up to six years of age and to provide for contingent
effectiveness; to create and establish a purpose for the Supporting Healthy Moms Grant
Program; to provide for the allocation of annual grant awards under such program; to provide
for rules and regulations and reporting with respect to such program; to require certain
accommodations in the workplace for pregnancy, childbirth, and related conditions; to
provide for the specific powers and duties of the Commissioner of Labor related to such
requirements; to provide for notice of rights and reasonable accommodations to job
applicants and employees for circumstances related to pregnancy; to provide for a civil cause
of action and relief; to provide for certain instruction and public education; to authorize rules
and regulations and provide for construction with respect to such workplace
accommodations; to exempt the sale or use of diapers from taxation; to require healthcare
providers, healthcare facilities, and pharmacies to provide the Maternal Mortality Review
Committee with psychiatric records; to create and provide a purpose for the Severe Maternal
Morbidity Review Committee; to provide for the compilation, tracking, reporting, and public
dissemination of data on severe maternal morbidity and pregnancy related deaths; to provide
for a study on reducing severe maternal morbidity; to provide for a report and for automatic
repeal of provisions relating to such study; to permit the release of clinical records of a
deceased patient or deceased former patient to the Maternal Mortality Review Committee
and the Severe Maternal Morbidity Review Committee; to remove the requirement that a
medical examiner's inquiry for pregnant female deaths be done through a regional perinatal
center; to provide for definitions; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART 1.
SECTION 1-1.
This Act shall be known and may be cited as the "The Georgia Maternal Health Momnibus
Act."
PART 2.
Comprehensive and Equitable Maternal Healthcare
SECTION 2-1.
(a) The General Assembly of Georgia finds that:
(1) Georgia's maternal mortality rate is one of the highest in the nation, regardless of
ethnic or socioeconomic background;
(2) According to the Commonwealth Fund, in 2020 the United States' mortality rate was
23.8 deaths per 100,000 live births, which is much higher than the 9.8 average of the
Organization for Economic Cooperation and Development. In 2020, Georgia's rate of
maternal mortality was 33.0 deaths per 100,000 live births;
(3) Systemic disparities, including lack of access to quality care across socioeconomic
strata, contribute to poor maternal health outcomes. The Department of Public Health
reports that over 80 percent of pregnancy related deaths in Georgia are preventable;
(4) Reports from the Georgetown Center for Children and Families show that nearly one
in five (19.3 percent) of women of childbearing age (18-44) have no health insurance.
This is one of the highest rates in the country, leaving Georgia forty-sixth overall as it
relates to women's healthcare access. Georgia has the highest uninsured rate in the South,
apart from Mississippi where 21.2 percent of women of childbearing age are uninsured;
(5) Social determinants of health, such as housing, transportation, and economic stability,
significantly impact maternal health outcomes. Data from the Department of Public
Health highlights transportation barriers as a leading factor in missed prenatal
appointments;
(6) Ninety-three rural Georgia counties do not have a hospital with a labor and delivery
unit, and there are no rural counties in the state with a maternal-fetal medicine specialist.
Mothers in these areas are often more impacted by lack of transportation, little or no
access to the social safety net, and the presence of few perinatal supportive resources; and
(7) Federal legislation such as the Black Maternal Health Momnibus Act of 2023
provides a comprehensive framework to address maternal health disparities, offering
Georgia an opportunity to align state efforts with national goals.
(b) It is the intent of the General Assembly to address systemic disparities, invest in social
determinants of health, and provide comprehensive support to improve maternal health
outcomes for mothers in Georgia.
SECTION 2-2.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Article 1
of Chapter 2A, relating to the Department of Public Health generally, by repealing Code
Section 31-2A-19, relating to pilot program for home visitation during pregnancy and early
childhood, reporting, and funding requirement, and enacting a new Code Section 31-2A-19
to read as follows:
"31-2A-19.
(a) As used in this Code section, the term:
(1) 'Distant site' means a site at which an obstetric provider is located while providing
healthcare services by means of telemedicine, which may include the home of such
obstetric provider.
(2) 'Limited maternity care county' means a county in this state that has fewer than two
hospitals or birth centers offering obstetric care or fewer than 60 obstetric providers per
10,000 births.
(3) 'Maternity care desert' means a county in this state that does not have a hospital or
birth center offering obstetric care or an obstetric provider.
(4) 'Obstetric provider' means a licensed physician or advanced practice registered nurse
who is licensed to practice obstetrics and gynecology in this state.
(5) 'Telemedicine' means the use of electronic information and telecommunications
technologies that include, at minimum, audio and video equipment to enable two-way,
real-time interactive communication between a patient and an obstetric provider at a
distant site, which services are compliant with federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) privacy, security, and breach notification rules.
Such term shall include audio-only, telephone communication only when two-way,
real-time audio-visual communication is unavailable to or inaccessible by the patient or
is infeasible, impractical, or otherwise not medically advisable, as determined by the
obstetric provider providing telemedicine services to the patient.
(6) 'Virtual prenatal care' means at-home prenatal healthcare for a pregnant woman
provided by an obstetric provider facilitated through the use of telemedicine and
home-monitoring devices or other equipment, as deemed appropriate by such obstetric
provider. Such term includes consultations and monitoring, including, but not limited to,
monitoring for conditions such as diabetes and hypertension; mental health evaluations;
nutritional evaluations; and guidance on personal care.
(b) The department shall develop, implement, and conduct a three-year pilot program to
provide virtual prenatal care to pregnant women in limited maternity care counties and
maternity care deserts to improve birth outcomes and to decrease maternal morbidity and
mortality. The pilot program shall begin on July 1, 2026, and shall provide up to five
virtual prenatal care visits for each eligible pregnant woman. Such eligibility shall be
established based on criteria, terms, and conditions as determined by the department, in
coordination with the Department of Community Health.
(c) No later than July 1, 2027, and annually thereafter, the department shall submit to the
Governor, the Speaker of the House of Representatives, the President of the Senate, and
the chairpersons of the House Committee on Public Health and the Senate Health and
Human Services Committee a detailed written report on the effectiveness of the pilot
program. The final report shall additionally include recommendations, if any, as to the
expansion or permanency of the pilot program and any proposed changes to such program
relative to such recommendations.
(d) The department is authorized to promulgate rules and regulations as may be necessary
to implement and effectuate the provisions of this Code section.
(e) This Code section shall be contingent upon appropriations made by the General
Assembly specifically for the department for the purposes set forth in this Code section and
shall stand repealed by operation of law on December 1, 2029."
SECTION 2-3.
Said title is further amended by adding new Code sections to read as follows:
"31-2A-21.
(a) For purposes of this Code section, the term:
(1) 'Limited maternity care county' means a county in this state that has fewer than two
hospitals or birth centers offering obstetric care or fewer than 60 obstetric providers per
10,000 births.
(2) 'Maternity care desert' means a county in this state that does not have a hospital or
birth center offering obstetric care or an obstetric provider.
(3) 'Obstetric provider' means a physician or advanced practice registered nurse licensed
to practice obstetrics and gynecology in this state.
(4) 'Postpartum care' means healthcare for a woman for a period of one year following
a birth, miscarriage, stillbirth, or neonatal death. Such term includes physiological
assessments, mental health evaluations, nutritional evaluations, and guidance on personal
and newborn care. Such term includes at least four visits with an obstetric provider as
follows:
(A) An initial visit within 24 hours of a birth, miscarriage, stillbirth, or neonatal death;
(B) A follow-up visit within the first three weeks postpartum;
(C) A follow-up visit within the first eight weeks postpartum;
(D) A comprehensive visit no later than 12 weeks postpartum; and
(E) Intermediary and ongoing care as needed.
(b) The department shall develop, implement, and conduct a three-year pilot program for
the purpose of providing postpartum care through mobile health clinics in limited maternity
care counties and maternity care deserts, beginning on July 1, 2026. The department, in
coordination with the Department of Community Health, shall establish eligibility criteria,
terms, and conditions for such pilot program.
(c) No later than July 1, 2027, and annually thereafter, the department shall submit a
detailed written report on the effectiveness of the pilot program to the Governor, the
Speaker of the House of Representatives, the President of the Senate, and the chairpersons
of the House Committee on Public Health and the Senate Health and Human Services
Committee. The final report shall additionally include recommendations, if any, as to the
expansion or permanency of the pilot program and any proposed changes to the pilot
program relative to such recommendations.
(d) This Code section shall be contingent upon appropriations made by the General
Assembly specifically for the department for the purposes set forth in this Code section and
shall stand repealed by operation of law on December 1, 2029.
31-2A-22.
(a) As used in this Code section, the term:
(1) 'Eligible participant' means a pregnant or postpartum woman who meets the income
eligibility guidelines set forth by the Georgia WIC (Women, Infants, and Children)
program, as of July 1, 2025.
(2) 'Group prenatal care' means a structured class designed for pregnant women provided
in a supportive group setting and based on an evidence based model that is focused on
equipping pregnant women with essential prenatal knowledge and skills, including, but
not limited to, labor and delivery preparation, breastfeeding, lactation, and newborn care.
(3) 'Group postpartum care' means a structured class designed for postpartum women
provided in a supportive group setting focused on equipping such women with essential
knowledge and skills for the postpartum period, including, but not limited to, physical
recovery, nutrition, emotional well-being, maternal mental health, newborn care, and
lactation support. With respect to postpartum women separated from their newborns due
to child welfare intervention or any other cause, such term includes counseling sessions
and any consultative sessions related to providing reunification assistance.
(4) 'Postpartum woman' means a woman up to 12 months after the end of a pregnancy.
(b) Subject to available funding, the department shall develop, implement, and conduct a
program to provide group prenatal care and group postpartum care to eligible participants,
whether in-person or online. Such program shall begin on July 1, 2026, and shall provide
up to five group prenatal care visits and up to five group postpartum care visits for each
eligible participant at no cost to such participant.
(c) Any person providing group prenatal care or group postpartum care under the program
shall have completed the appropriate training, as determined by the department.
(d) No later than June 30, 2027, and annually thereafter, the department shall submit to the
Governor, the Speaker of the House of Representatives, the President of the Senate, and
the chairpersons of the House Committee on Public Health and the Senate Health and
Human Services Committee a detailed report on the effectiveness of the program and
recommendations, if any, as to proposed legislation to improve such program.
(e) The department is authorized to promulgate rules and regulations as may be necessary
to implement and effectuate the provisions of this Code section.
31-2A-23.
(a) As used in this article, the term:
(1) 'Healthcare professional' means a physician or other healthcare practitioner licensed,
accredited, or certified to perform specified physical, mental, or behavioral healthcare
services consistent with his or her scope of practice under the laws of this state.
(2) 'Implicit bias' means a bias in judgment or behavior that results from subtle cognitive
processes, including implicit prejudice and implicit stereotypes that often operate at a
level below conscious awareness and without intentional control.
(3) 'Implicit prejudice' means prejudicial negative feelings or beliefs about a group that
a person holds without being aware of them.
(4) 'Implicit stereotypes' means the unconscious attributions of particular qualities to a
member of a certain social group. Implicit stereotypes are influenced by experience and
are based on learned associations between various qualities and social categories,
including race or gender.
(5) 'Perinatal care' means the provision of care during pregnancy, labor, delivery, and
postpartum and neonatal periods.
(6) 'Perinatal facility' means a hospital, clinic, or birthing center that provides perinatal
care.
(7) 'Pregnancy related death' means the death of a woman while pregnant or within 365
days of the end of a pregnancy, irrespective of the duration or site of the pregnancy, from
any cause related to, or aggravated by, the pregnancy or its management, but not from
accidental or incidental causes.
(b) Every perinatal facility in this state shall implement an evidence based implicit bias
program for all healthcare professionals involved in the perinatal care of patients within
such facility.
(c) An implicit bias program implemented pursuant to subsection (b) of this Code section
shall include:
(1) Identification of previous or current unconscious biases and misinformation;
(2) Identification of personal, interpersonal, institutional, structural, and cultural barriers
to inclusion;
(3) Corrective measures to decrease implicit bias at the interpersonal and institutional
levels, including ongoing policies and practices for that purpose;
(4) Information on the effects, including, but not limited to, ongoing personal effects, of
historical and contemporary exclusion and oppression of minority communities;
(5) Information about cultural identity across racial or ethnic groups;
(6) Information relative to communicating more effectively across identities, including
racial, ethnic, religious, and gender identities;
(7) Discussion on power dynamics and organizational decision making;
(8) Discussion on health inequities within the perinatal care field, including information
on how implicit bias impacts maternal and infant health outcomes;
(9) Perspectives of diverse, local constituency groups and experts on particular racial,
identity, cultural, and provider-community relations issues in the community; and
(10) Information on reproductive justice.
(d)(1) A healthcare professional shall complete initial basic training through the implicit
bias program based on the components described in subsection (c) of this Code section.
(2) Upon completion of the initial basic training, a healthcare professional shall complete
a refresher course under the implicit bias program every two years thereafter, or on a
more frequent basis if deemed necessary by the perinatal facility, in order to keep current
with changing racial, identity, and cultural trends and best practices in decreasing
interpersonal and institutional implicit bias.
(e) Each perinatal facility in this state shall provide a certificate of training completion to
another perinatal facility or a training attendee upon request. A perinatal facility may
accept a certificate of completion from another perinatal facility to satisfy the training
requirement provided for in this Code section from a healthcare professional who works
in more than one perinatal facility.
(f) If a healthcare professional involved in the perinatal care of patients is not directly
employed by a perinatal facility, the facility shall offer the training to such healthcare
professional.
31-2A-24.
(a) As used in this Code section, the term 'maternal near-miss' means a woman who
survived a near-death complication occurring during a pregnancy, during childbirth, or
within 42 days of the end of a pregnancy.
(b) The department shall create a comprehensive public awareness campaign targeting
women located in rural and underserved communities to increase awareness about maternal
health by developing and making available on the department's website educational
materials and support resources. Such materials and resources shall include, but shall not
be limited to:
(1) Information on prenatal care, including, but not limited to, nutrition, the importance
of prenatal care visits, what to expect during such visits, and key prenatal screenings;
(2) Information on common causes of maternal near-misses and strategies to reduce the
risk of severe maternal morbidity;
(3) Information on postpartum care, including, but not limited to, nutrition, physical
recovery, and newborn care; and
(4) A geographically indexed guide on government funded, free, and low-cost services
available to support pregnant and postpartum women, including, but not limited to,
healthcare services, educational classes and peer support groups for prenatal and
postpartum care, mental health counseling services, transportation assistance programs,
and food assistance programs which shall include a description of the services offered
and contact information.
(c) The department shall maintain a comprehensive webpage on its website dedicated to
maternal health that includes all educational materials and support resources identified or
created pursuant to this Code section."
SECTION 2-4.
Said title is further amended by adding a new article to read as follows:
"ARTICLE 4
31-2A-70.
As used in this article, the term:
(1) 'Advisory committee' or 'committee' means the Regional Perinatal Center Advisory
Committee established pursuant to Code Section 31-2A-71.
(2) 'Regional perinatal center' means a specially qualified hospital identified by the
department and designated to a specific geographic region to lead collaboration between
hospitals and providers to increase the likelihood that deliveries are performed in a
hospital with an appropriate level of care for mothers and infants.
31-2A-71.
(a) There is established the Regional Perinatal Center Advisory Committee for the purpose
of considering and making recommendations to the commissioner concerning the addition,
reduction, or transition of regional perinatal centers in this state. The committee shall
advise the commissioner on the estimated costs to the department necessary to implement
such recommendations.
(b) The Regional Perinatal Center Advisory Committee shall be composed of not less
than 11 nor more than 21 members to be appointed by the commissioner, who shall appoint
one of such members to serve as chairperson. All appointments to the committee shall be
for a term of four years. A member shall serve until his or her successor has been duly
appointed. The commissioner may reappoint any member.
(c) The advisory committee shall meet upon the call of the chairperson.
(d) Beginning on July 1, 2026, and every four years thereafter, the department, in
conjunction with the advisory committee, shall assess and make recommendations to the
commissioner on the adequacy of the regional perinatal system and consider hospital or
labor and delivery closures. Such assessment shall evaluate whether:
(1) Perinatal facilities in each region are equipped and prepared to stabilize infants and
mothers before transport;
(2) Coordination exists between maternity care in each region and regional perinatal
centers;
(3) All identified high-risk pregnancies and deliveries are promptly evaluated in
consultation with regional perinatal centers and referred to the appropriate designated
regional perinatal center for the proper management and treatment of such conditions as
needed;
(4) An adequate transport system is available in the region for the transfer of high-risk
mothers and infants and specifically considers:
(A) The distance and travel time between referring hospitals and regional perinatal
centers;
(B) The types of vehicles used for transport and whether a need exists for additional
vehicles; and
(C) The need for upgraded vehicles and transport equipment; and
(5) Each regional perinatal center provides:
(A) Consultation for patients requiring special services, including transport;
(B) Coordination and assurance of follow-up medical care for maternal and neonatal
patients requiring special services;
(C) Educational support to ensure quality care in institutions involved in perinatal
healthcare in the region;
(D) An annual education plan with all birthing centers in the region;
(E) Compilation and analysis of perinatal data from the center and referring hospitals;
and
(F) Coordination of perinatal health services within the region.
(e) When changes to the regional perinatal centers are approved by the department after
recommendation by the advisory committee, the department shall submit to the Office of
Planning and Budget prior to the General Assembly's next legislative session a budget
request seeking appropriations to implement such changes.
31-2A-72.
To be designated as a regional perinatal center a hospital shall notify the department of the
following:
(1) Such hospital's ability to meet the standards for regional perinatal centers;
(2) Any additional funding necessary to bring such hospital up to the standards for
regional perinatal centers;
(3) Any special planning problems in such hospital's perinatal region, including, but not
limited to, transportation, shortage of facilities, and personnel;
(4) A description of perinatal care currently being provided;
(5) A description of services that can be provided by the center in patient care, education,
and consultation to hospitals within the perinatal region; and
(6) Any other information requested by the department.
31-2A-73.
Beginning on July 1, 2026, and every four years thereafter, the department shall present to
the Governor, the Speaker of the House of Representatives, and the President of the Senate
a plan for the designated perinatal centers in every region of the state. Such plan shall
include funding considerations to aid hospitals in meeting the standards and for continuing
requirements, including, but not limited to, patient care, professional education, training
programs, and physical facilities.
31-2A-74.
The department shall be authorized to promulgate rules and regulations to carry out the
purposes of this article."
SECTION 2-5.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Chapter 1, relating to general provisions, by adding a new Code section to read as follows:
"33-1-28.
(a) As used in this Code section, the term:
(1) 'Maternal mental health screening' means the use of an independent, evidence based
screening instrument that is in accordance with nationally recognized clinical practice
guidelines developed by independent organizations or medical professional societies
utilizing a transparent methodology and reporting structure and with a conflict-of-interest
policy. Such guidelines establish standards of care informed by a systematic review of
evidence and an assessment of the benefits and risks of alternative care options and
include recommendations intended to optimize patient care.
(2) 'Medically necessary' shall have the same meaning as set forth in Code Section
33-1-27.
(3) 'Mental healthcare provider' means any person licensed under Title 43 to provide
prenatal, labor and delivery, or postpartum care, including without limitation physicians,
psychiatrists, psychologists, advanced practice registered nurses, physician assistants,
licensed clinical social workers, and licensed professional counselors and marriage and
family therapists.
(4) 'Telehealth services' means services provided via two-way, real-time interactive
communication between a patient and a mental healthcare provider at a distant site
through telecommunications equipment, which services are compliant with federal Health
Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security, and
breach notification rules.
(b) Each health benefit policy issued, delivered, or renewed in this state shall provide
coverage for medically necessary:
(1) Maternal mental health screening during the prenatal period and 12 months
postpartum; and
(2) Care and treatment for those screenings positive for maternal mental health
conditions.
(c) All services provided for in this Code section shall be covered whether provided in
person or through telehealth services.
(d) The provisions of this Code section shall apply to all policies, contracts, and
certificates executed, delivered, issued for delivery, continued, or renewed in this state on
or after January 1, 2026."
SECTION 2-6.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended
in Article 7 of Chapter 4, relating to medical assistance generally, by adding new Code
sections to read as follows:
"49-4-159.5.
(a) Except in cases where the woman refuses a maternal mental health screening as
provided for in Code Section 33-1-28, a pregnant or postpartum woman seeking healthcare
from a physician or other healthcare provider shall be screened for perinatal mood and
anxiety disorders, as determined necessary:
(1) At the pregnant woman's first prenatal visit;
(2) When the pregnant woman is from 28 through 32 weeks' gestation;
(3) Between delivery and discharge from the facility where the pregnant woman gives
birth;
(4) At the woman's six-week postpartum obstetrical visit;
(5) If there is a pregnancy loss and at the follow-up obstetric visit after such loss; and
(6) At a pediatric visit occurring when the infant is three months of age or, if there is no
such visit, at the postpartum woman's healthcare visit any time from three months to one
year after pregnancy loss or delivery.
(b) The right to refuse the mental health screening described in subsection (a) of this Code
section shall not exist for a patient determined by the physician or other healthcare provider
to be mentally incompetent.
(c)(1) The maternal mental health screening provided for in subsection (a) of this Code
section shall be conducted by the physician or other healthcare provider who is providing
prenatal, obstetric, or postpartum care of the pregnant woman or pediatric care of the
woman's infant, as deemed necessary by such physician or healthcare provider. Each
such screening shall utilize questionnaires that conform with nationally recognized
clinical practice guidelines and shall be used for the purposes of diagnosis, treatment,
appropriate management, or ongoing monitoring of a woman's mental health, well-being,
disease, or condition as supported by medical and scientific evidence.
(2) Additional maternal mental health screenings, which may be refused, may be
conducted at any other point during the pregnancy or the postpartum period as deemed
necessary by the physician or other healthcare provider. Appropriate referral information
and resources addressing perinatal mood or anxiety disorders shall be provided during
such screenings.
(d) A physician or other healthcare provider who provides obstetric or pediatric care shall
provide educational materials through electronic or other means on the signs and symptoms
of perinatal mood and anxiety disorders to pregnant and postpartum women under his or
her care, or to mothers of children under his or her care, as deemed necessary by such
physician or healthcare provider.
(e) The provisions of this Code section shall not preclude any other healthcare provider
acting within his or her scope of practice from screening for maternal mental health
conditions or from providing referral information and resources or educational materials
on perinatal mood and anxiety disorders.
(f) Relative to maternal mental health screenings, the department shall establish a
comprehensive quality metrics program that includes:
(1) Process measures, including, but not limited to:
(A) Percentage of eligible patients screened at each required interval;
(B) Time from positive screen to first behavioral health contact;
(C) Completion rates for referrals to behavioral health services; and
(D) Utilization rates of telehealth services;
(2) Outcome measures, including, but not limited to:
(A) Rates of postpartum depression and anxiety identification;
(B) Emergency department utilization for mental health concerns;
(C) Psychiatric hospitalization rates; and
(D) Duration of treatment engagement;
(3) Equity measures, including, but not limited to:
(A) Screening and treatment rates stratified by race, ethnicity, and geographic location;
and
(B) Disparities in access to care and outcomes; and
(4) Patient experience measures, including, but not limited to:
(A) Satisfaction with screening process;
(B) Perceived barriers to care; and
(C) Experiences with telehealth services.
(g) No later than January 1, 2026, the department shall establish a three-year pilot program
for remote maternal mental health screening and monitoring. Such program shall:
(1) Prioritize high-risk populations and rural communities;
(2) Include telehealth services;
(3) Integrate with existing maternal health programs, including home visiting services;
and
(4) Collect data on program effectiveness and barriers to care.
(h) The department may allocate sufficient funds for the pilot program provided for in
subsection (g) of this Code section to support:
(1) Technology infrastructure and support;
(2) Provider training and technical assistance; and
(3) Program evaluation and reporting.
(i) The department shall:
(1) Promulgate rules and regulations necessary to implement this Code section;
(2) Establish a process for monitoring compliance; and
(3) Report annually to the Senate Health and Human Services Committee and the House
Committees on Health and Public Health on the implementation progress and outcomes
of the requirements of this Code section.
(j) The annual report provided in subsection (i) of this Code section shall be required from
July 1, 2026, through July 1, 2028.
(k) To implement the provisions of this Code section, the department shall, when
necessary, submit a Medicaid state plan amendment or waiver request to the United States
Department of Health and Human Services.
49-4-159.6.
(a) It is the intent of the General Assembly to advance maternal health outcomes by
recognizing doula care as part of the maternal healthcare workforce. Doula care has been
associated with Medicaid cost savings of around $1,000.00 per birth, a decreased likelihood
of cesarean delivery, a reduced need for an epidural during labor, lower preterm birth rates,
improved rates of breastfeeding, shorter births, reduced rates of perinatal mood and anxiety
disorders, increased positive feelings about the birth experience, and feelings of
empowerment about individual pregnancy outcomes.
(b) As used in this Code section, the term 'doula' means a professional who provides
physical, emotional, and informational support to clients before, during, and after childbirth
to help them achieve a healthy and satisfying birth experience and who has completed the
appropriate training, as determined by the department.
(c) The department shall develop, implement, and conduct a one-year pilot program to
provide Medicaid coverage for doula care for pregnant Medicaid recipients. Beginning on
July 1, 2026, such pilot program may provide reimbursement for up to five doula visits for
each pregnant Medicaid recipient, which may include visits for prepartum care, labor and
delivery, and postpartum care.
(d) No later than December 1, 2027, the department shall submit to the Governor, the
President of the Senate, the Speaker of the House of Representatives, and the chairpersons
of the House Committee on Health, the Senate Health and Human Services Committee, the
House Committee on Appropriations, and the Senate Appropriations Committee a detailed
written report on the implementation and effectiveness of the pilot program. Such report
shall include the health outcomes of participants and recommendations on the best process
of reimbursing doulas to promote retention in the perinatal workforce. Such report shall
also include recommendations, if any, as to expansion or permanency of the pilot program
and any proposed changes to the program relative to such recommendations.
(e) The department is authorized to promulgate rules and regulations as may be necessary
to implement and effectuate the provisions of this Code section.
(f)(1) This Code section shall be contingent upon appropriations made by the General
Assembly specifically for the department for the purposes set forth in this Code section.
(2) This Code section shall terminate on December 31, 2027, and this Code section shall
be repealed by operation of law on such date."
PART 3.
Social Determinants in Maternal Health
SECTION 3-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Article 1
of Chapter 1, relating to general provisions, by adding a new Code section to read as follows:
"31-1-26.
(a) The department, through its Division of Public Health, shall, to the extent that state
funds are available for such purpose, expand the Georgia WIC (Women, Infants, and
Children) program, established in accordance with Section 17 of the Child Nutrition Act
of 1966, 42 U.S.C. Section 1786, to cover children who have had their fifth birthday but
have not yet attained their sixth birthday.
(b) This Code section shall become effective on July 1, 2026, only if prior to such date,
funds are specifically appropriated by the General Assembly for the department for the
purposes set forth in this Code section."
SECTION 3-2.
Said title is further amended in Article 1 of Chapter 2A, relating to the Department of Public
Health generally, by adding a new article to read as follows:
"ARTICLE 5
31-2A-90.
As used in this article, the term:
(1) 'Early childhood services program' means a program that offers services designed to
support the development and well-being of infants and toddlers, including, but not limited
to, early intervention, early learning, childcare, or parenting education.
(2) 'Early intervention' means services and support for infants and toddlers with
developmental delays, chronic health conditions, and disabilities and their families. Such
term includes early identification and screening of infants and toddlers for such
developmental delays, conditions, and disabilities.
(3) 'Eligible program' means an early childhood services program or an essential support
services program.
(4) 'Essential support services program' means a program that offers housing assistance,
food assistance, or nonemergency medical transportation services to pregnant and
postpartum women in this state.
(5) 'Grant program' means the Supporting Healthy Moms Grant Program established
pursuant to Code section 31-2A-91.
(6) 'Infant' or 'toddler' means a child under three years of age.
(7) 'Parenting education' means courses designed for parents of infants and toddlers to
enhance parenting skills and knowledge taught by educators possessing the appropriate
qualifications, certifications, experience, as determined by the department.
(8) 'Postpartum woman' means a woman up to one year after the end of pregnancy.
(9) 'Qualified sponsor' means a nonprofit organization incorporated in this state with a
tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;
or governmental sponsor of a program that meets the conditions of this Code section.
31-2A-91.
(a) Subject to available funding, the department shall establish the Supporting Healthy
Moms Grant Program to provide grant funding, on an annual basis, to qualified sponsors
of eligible programs in this state that provide services focused on advancing and addressing
social determinants of maternal health and that provide early childhood services.
(b) The department shall oversee the grant program and is authorized to contract with an
external organization to implement and administer such grant program.
31-2A-92.
To be considered for a grant under the grant program, a qualified organization shall:
(1) Have a primary mission of advancing maternal health, addressing social determinants
of maternal health, or providing early childhood services;
(2) Have a system of financial accountability consistent with generally accepted
accounting principles, including an annual budget;
(3) With respect to a nonprofit organization, have a board that hires and supervises a
director who manages the organization's operations;
(4) Have provided services under an eligible program for a minimum of one year;
(5) Provide free services under an eligible program; and
(6) Maintain confidentiality of all data, files, and records of clients related to the services
provided and in compliance with state and federal laws.
31-2A-93.
(a) The commissioner shall approve each grant or expenditure of money from the grant
program.
(b) The commissioner's decision on the granting of funds from the grant program to
qualified sponsors shall be based on a competitive selection process.
(c) The grant program may be used for expenditures related to the routine administration
of the program; provided, however, that, in any given year, expenditures for the routine
administration of the grant program may not exceed 10 percent of the total amount of
money available in the grant fund.
(d) The commissioner is authorized to promulgate rules and regulations as necessary to
implement and administer the provisions of this article.
31-2A-94.
Not later than November 1, 2026, and annually thereafter, the department shall submit to
the Governor and the General Assembly a report on the financial status of the grant
program and a summary of its operations for the preceding year."
SECTION 3-3.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended in Chapter 2, relating to Department of Labor, by revising paragraph (5) of and
by adding a new paragraph to subsection (a) of Code Section 34-2-6, relating to specific
powers and duties of the Commissioner of Labor, to read as follows:
"(3.1) To make investigations, collect and compile statistical information, and report
upon the conditions and matters relating to the enforcement and effect of Chapter 5B of
this title and of the rules issued thereunder and to receive and resolve complaints related
to such chapter in accordance with the rules and regulations issued thereunder;"
"(5) To do all in his or her power to promote the voluntary arbitration, mediation, and
conciliation of disputes between employers and employees and to avoid strikes,
picketing, lockouts, boycotts, blacklisting, discriminations, and legal proceedings in
matters of employment. In pursuance of this duty, the Commissioner may appoint
temporary boards of arbitration, provide necessary expenses of such boards, order
reasonable compensation not exceeding $15.00 per day for each member engaged in such
arbitration, prescribe rules for such arbitration boards, conduct investigations and
hearings, publish in print or electronically reports and advertisements, and do all things
convenient and necessary to accomplish the purpose of this chapter and Chapter 5B of
this title. The Commissioner may designate a mediator and may, from time to time, detail
employees or persons not in the department to act as his or her assistants for the purpose
of executing such provisions. Employees of the Department of Labor shall act on
temporary boards without extra compensation. Nothing in this Code section or in this
chapter shall be construed to prohibit or limit in any way employees' rights to bargain
collectively;"
SECTION 3-4.
Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 5B
34-5B-1.
As used in this chapter, the term:
(1) 'Employer' means any person or entity that employs one or more employees and shall
include the state and its political subdivisions.
(2) 'Pregnancy' means medical needs arising from pregnancy, childbirth, or related
conditions, including, but not limited to, lactation.
(3) 'Reasonable accommodations' shall include, but shall not be limited to, more frequent
or longer breaks, time off to recover from childbirth, acquisition or modification of
equipment, seating, temporary transfer to a less strenuous or hazardous position, job
restructuring, light duty, break time and private nonbathroom space for expressing breast
milk, assistance with manual labor, or modified work schedules.
(4) 'Undue hardship' means an action requiring significant difficulty or expense, when
considered in light of the factors set forth in Code Section 34-5B-4.
34-5B-2.
(a) It shall constitute an unfair employment practice for an employer, unless such employer
can demonstrate that an undue hardship on such employer's program, enterprise, or
business would result, to:
(1) Fail or refuse to make a reasonable accommodation to a job applicant or employee
for circumstances related to pregnancy, if such job applicant or employee so requests;
(2) Take adverse action against a job applicant or an employee who requests or uses an
accommodation;
(3) Deny employment opportunities to a job applicant or employee, if such denial is
based on the need of the employer to make reasonable accommodations to such job
applicant or employee for circumstances related to pregnancy;
(4) Require a job applicant or employee affected by pregnancy to accept an
accommodation that such job applicant or employee chooses not to accept;
(5) Require an employee to take leave if another reasonable accommodation can be
provided to such employee for circumstances related to pregnancy;
(6) Count an absence related to pregnancy against an employee under a no fault
attendance policy; or
(7) Fail to reinstate such employee to such employee's original job or to an equivalent
position with equivalent pay and accumulated seniority, retirement, fringe benefits, and
other applicable service credits when such employee's need for reasonable
accommodations ceases.
(b) The employer shall in good faith engage in a timely and interactive process with the
job applicant or employee to determine effective reasonable accommodations.
(c)(1) An employer shall provide written notice of the right to be free from
discrimination in relation to pregnancy to:
(A) New employees at the commencement of employment;
(B) Existing employees within 120 days after the effective date of this chapter; and
(C) Any employee who notifies such employer of her pregnancy within ten days of
such notification.
(2) Such notice shall be conspicuously posted at an employer's place of business in an
area accessible to employees and shall be available in English and other languages
commonly spoken in such employer's place of business.
34-5B-3.
The employer shall have the burden of proving undue hardship. In making a determination
of undue hardship, the factors that may be considered include, but shall not be limited to:
(1) The nature and cost of the accommodation;
(2) The overall financial resources of the employer, the overall size of the business of the
employer with respect to the number of employees, and the number, type, and location
of its facilities; and
(3) The effect on expenses and resources or the impact otherwise of such accommodation
upon the operation of the employer.
34-5B-4.
(a) Any individual who is aggrieved by an unfair employment practice against such
individual in violation of this chapter may institute a civil action against the persons
engaged in such prohibited conduct. Such action may be maintained in any court of
competent jurisdiction and shall be commenced no later than one year after the alleged
prohibited conduct occurred.
(b) The court may grant as relief, as it deems appropriate, any permanent or temporary
injunction, temporary restraining order, or other order, including, but not limited to, the
hiring or reinstatement of the plaintiff to such individual's original position or an equivalent
position. The court may award to the plaintiff back pay. The court may award court costs
and reasonable attorney's fees to the prevailing party.
34-5B-5.
The Department of Labor shall develop courses of instruction and conduct ongoing public
education efforts as necessary to inform employers, employees, employment agencies, and
job applicants about their rights and responsibilities under this chapter.
34-5B-6.
The Commissioner of Labor shall promulgate rules and regulations as are necessary to
implement and effectuate the provisions of this chapter.
34-5B-7.
This chapter shall not be construed to preempt, limit, diminish, or otherwise affect any
other provision of law relating to sex discrimination or pregnancy or in any way to
diminish the coverage for pregnancy under any other provision of this title."
SECTION 3-5.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
amended in Part 1 of Article 1 of Chapter 8, relating to general provisions regarding state
sales and use tax, by revising paragraph (58) of Code Section 48-8-3, relating to exemptions
from sales and use taxes, as follows:
"(58) The sale or use of diapers Reserved;"
PART 4.
Maternal Health Data Collection, Research, and Innovation
SECTION 4-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Article
1 of Chapter 2A, relating to general provisions regarding the Department of Public Health,
by revising subsection (d) of Code Section 31-2A-16, relating to Maternal Mortality Review
Committee established, as follows:
"(d)(1) Health care Healthcare providers licensed pursuant to Title 43, health care
healthcare facilities licensed pursuant to Chapter 7 of Title 31 this title, and pharmacies
licensed pursuant to Chapter 4 of Title 26 shall provide reasonable access to the
committee to all relevant medical records associated with a case under review by the
committee within 30 days of receiving a request for such records, unless prohibited by
state or federal law.
(2) A health care healthcare provider, health care healthcare facility, or pharmacy
providing access to medical and psychiatric records pursuant to this Code section shall
not be held liable for civil damages or be subject to any criminal or disciplinary action
for good faith efforts in providing such records."
SECTION 4-2.
Said title is further amended in said article by adding a new Code section to read as follows:
"31-2A-16.1.
(a) There is established within the department a Severe Maternal Morbidity Review
Committee to collect and track data on severe maternal morbidity and study and make
recommendations on strategies to reduce severe maternal morbidity. The committee shall
be multidisciplinary and composed of members as deemed appropriate by the department.
The committee may contract with an external organization to assist in collecting, analyzing,
and disseminating severe maternal morbidity information, organizing and convening
meetings of the committee, and conducting other tasks as may be incident to these
activities.
(b) The committee shall, in coordination with the Maternal Mortality Review Committee:
(1) Collect and track medical records and other relevant data on severe maternal
morbidity, including, but not limited to, all of the following health conditions:
(A) Obstetric hemorrhage;
(B) Hypertension;
(C) Preeclampsia and eclampsia;
(D) Venous thromboembolism;
(E) Sepsis;
(F) Cerebrovascular accident; and
(G) Amniotic fluid embolism;
(2) Collect and track data on pregnancy related deaths, including, but not limited to,
deaths relative to the conditions provided in subparagraphs (A) through (G) of
paragraph (1) of this subsection, indirect obstetric deaths, and other maternal disorders
predominantly related to pregnancy and complications predominantly related to the
postpartum period;
(3) Consult with relevant experts to evaluate collected records and data;
(4) Develop and make recommendations regarding reducing severe maternal morbidity;
(5) Disseminate findings and recommendations regarding reducing severe maternal
morbidity; and
(6) Not later than July 1, 2026, complete a study on:
(A) Reducing severe maternal morbidity, including, but not limited to, all of the health
conditions set forth in subparagraphs (A) through (G) of paragraph (1) of this
subsection; and
(B) Identifying more effective methods for the early detection of, and interventions for,
other pregnancy related medical conditions that can lead to an increased risk of severe
maternal morbidity, including, but not limited, to hyperemesis gravidarum.
(c)(1) Healthcare providers licensed pursuant to Title 43, healthcare facilities licensed
pursuant to Chapter 7 of Title 31, and pharmacies licensed pursuant to Chapter 4 of Title
26 shall provide reasonable access to the committee to all relevant medical records
associated with a case under review by the committee within 30 days of receiving a
request for such records.
(2) A healthcare provider, healthcare facility, or pharmacy providing access to medical
records pursuant to this Code section shall not be held liable for civil damages or be
subject to any criminal or disciplinary action for good faith efforts in providing such
records.
(d)(1) Information, records, reports, statements, notes, memoranda, or other data
collected pursuant to this Code section shall not be admissible as evidence in any action
of any kind in any court or before any other tribunal, board, agency, or person. Such
information, records, reports, statements, notes, memoranda, or other data shall not be
exhibited nor their contents disclosed in any way, in whole or in part, by any officer or
representative of the department or any other person, except as may be necessary for the
purpose of furthering the review of the committee of the case to which it relates. No
person participating in such review shall disclose, in any manner, the information so
obtained except in strict conformity with such review.
(2) All information, records, reports, statements, notes, memoranda, or other data
obtained by the department, the committee, and other persons, agencies, or organizations
so authorized by the department pursuant to this Code section shall be confidential.
(e)(1) All proceedings and activities of the committee under this Code section, opinions
of members of such committee formed as a result of such proceedings and activities, and
records obtained, created, or maintained pursuant to this Code section, including
information, records, reports, statements, notes, memoranda, or other data procured by
the department or any other person, agency, or organization acting jointly or under
contract with the department in connection with the requirements of this Code section,
shall be confidential and shall not be subject to Chapter 14 of Title 50, relating to open
meetings, or Article 4 of Chapter 18 of Title 50, relating to open records, or subject to
subpoena, discovery, or introduction into evidence in any civil or criminal proceeding;
provided, however, that nothing in this Code section shall be construed to limit or restrict
the right to discover or use in any civil or criminal proceeding anything that is available
from another source and entirely independent of the committee's proceedings.
(2) Members of the committee shall not be questioned in any civil or criminal proceeding
regarding the information presented in or opinions formed as a result of a meeting or
communication of the committee; provided, however, that nothing in this Code section
shall be construed to prevent a member of the committee from testifying to information
obtained independently of the committee or which is public information.
(f)(1) The data on severe maternal morbidity and on pregnancy related deaths collected
pursuant to paragraphs (1) and (2) of subsection (b) of this Code section shall be
compiled on a regular basis for distribution. Beginning no later than October 1, 2026, the
committee shall submit a detailed annual report to the Office of Health Strategy and
Coordination as follows:
(A) The data shall be aggregated by state regions, as defined by the department, to
ensure the data reflect how regionalized care systems are or should be collaborating to
improve maternal health outcomes or other smaller regional sorting based on standard
statistical methods for accurate dissemination of public health data without risking a
confidentiality or other disclosure breach; and
(B) The data shall be disaggregated by racial and ethnic identity.
(2) On or before December 1, 2026, the committee shall submit to the Governor, the
Speaker of the House of Representatives, the President of the Senate, and the
chairpersons of the House Committee on Public Health and the Senate Health and Human
Services Committee a report regarding the study conducted pursuant to paragraph (6) of
subsection (b) of this Code section, including a summary of the committee's key findings
and recommendations, if any, for proposed legislation with respect to improving maternal
health outcomes.
(g) Paragraph (6) of subsection (b) of this Code section shall stand repealed by operation
of law on December 31, 2026."
SECTION 4-3.
Said title is further amended in Article 1 of Chapter 53, relating to general provisions
regarding the Office of Health and Strategy and Coordination by revising subsection (a) of
Code Section 31-53-6, relating to compiling of reports and public dissemination of data, as
follows:
"31-53-6.
(a) The office shall compile reports received from the following boards, commissions,
committees, councils, and offices pursuant to each such entity's respective statutory
reporting requirements:
(1) The Maternal Mortality Review Committee;
(2) The Severe Maternal Morbidity Review Committee;
(2)(3) The Hemophilia Advisory Board;
(3)(4) The Georgia Council on Lupus Education and Awareness;
(4)(5) The Georgia Palliative Care and Quality of Life Advisory Council;
(5)(6) The Georgia Trauma Care Network Commission;
(6)(7) The Behavioral Health Coordinating Council;
(7)(8) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke
Registry;
(8)(9) The Office of Cardiac Care; and
(9)(10) The Brain and Spinal Injury Trust Fund Commission."
SECTION 4-4.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in
Part 2 of Article 6 of Chapter 3, relating to rights and privileges as to manner of care and
treatment and as to maintenance and release of clinical records, by revising paragraphs (9)
and (10) of and by adding a new paragraph to subsection (a) of Code Section 37-3-166,
relating to treatment of clinical records, when release permitted, scope of privileged
communications, liability for disclosure, and notice to sheriff of discharge, to read as follows:
"(9) Notwithstanding any other provision of law to the contrary, a law enforcement
officer in the course of a criminal investigation may be informed as to whether a person
is or has been a patient in a state facility, as well as the patient's current address, if
known; and
(10) Notwithstanding any other provision of law to the contrary, a law enforcement
officer in the course of investigating the commission of a crime on the premises of a
facility covered by this chapter or against facility personnel or a threat to commit such
a crime may be informed as to the circumstances of the incident, including whether the
individual allegedly committing or threatening to commit a crime is or has been a patient
in the facility, and the name, address, and last known whereabouts of any alleged patient
perpetrator; and
(11) Copies of the record of a deceased patient or deceased former patient may be
released to the Maternal Mortality Review Committee and the Severe Maternal Morbidity
Review Committee established under Chapter 2A of Title 31, except for matters
privileged under the laws of this state."
SECTION 4-5.
Title 45 of the Official Code of Georgia Annotated, relating public officers and employees,
is amended in Article 2 of Chapter 16, relating to death investigations, by revising subsection
(b) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, court
ordered medical examiner's inquiry, and written report of inquiry, as follows:
"(b) A coroner or county medical examiner who is notified of a death pursuant to
subsection (a) of this Code section under circumstances specified in paragraphs (1)
through (9) (10) of such subsection shall order a medical examiner's inquiry of that death.
A coroner or medical examiner who is notified of a death pursuant to subsection (a) of this
Code section under circumstances specified in paragraph (10) of such subsection and which
death was not under circumstances specified in paragraphs (1) through (9) of such
subsection shall order a medical examiner's inquiry for such death through a regional
perinatal center, as identified by the Department of Public Health. This subsection shall
not be construed to prohibit a medical examiner's inquiry of a death if a coroner or county
medical examiner is notified of a death under circumstances specified in paragraph (11) of
subsection (a) of this Code section."
PART 5.
SECTION 5-1.
All laws and parts of laws in conflict with this Act are repealed.