Bill Text: CA AB1936 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Maternal mental health screenings.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 815, Statutes of 2024. [AB1936 Detail]

Download: California-2023-AB1936-Amended.html

Amended  IN  Assembly  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1936


Introduced by Assembly Member Cervantes

January 25, 2024


An act to amend Section 102425 1367.625 of the Health and Safety Code, and to amend Section 10123.867 of the Insurance Code, relating to public health. health care coverage.


LEGISLATIVE COUNSEL'S DIGEST


AB 1936, as amended, Cervantes. Certificates of live birth. Maternal mental health screenings.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer to develop a maternal mental health program designed to promote quality and cost-effective outcomes, as specified.
This bill would require the program to conduct at least one maternal mental health screening during pregnancy, and at least one additional screening during the first 6 months of the postpartum period. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the certificate of live birth to contain specified information, including the full name and date of birth of the child and each parent, and requires the State Registrar to instruct all local registrars to collect the specified information with respect to certificates of live birth.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1367.625 of the Health and Safety Code is amended to read:

1367.625.
 (a) By July 1, 2023, a health care service plan shall develop a maternal mental health program designed to promote quality and cost-effective outcomes. The program shall require at least one maternal mental health screening to be conducted during pregnancy, and at least one additional screening to be conducted during the first six months of the postpartum period. The program shall be developed consistent with sound clinical principles and processes, and shall include quality measures to encourage screening, diagnosis, treatment, and referral. The program guidelines and criteria shall be provided to relevant medical providers, including all contracting obstetric providers. As part of a maternal mental health program the health care service plan is encouraged to improve screening, treatment, and referral to maternal mental health services, include coverage for doulas, incentivize training opportunities for contracting obstetric providers, and educate enrollees about the program.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Contracting obstetric provider” means an individual who is certified or licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or an initiative act referred to in that division, and who is contracted with the enrollee’s health care service plan to provide services under the enrollee’s plan contract.
(2) “Maternal mental health” means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression.
(c) This section shall not apply to specialized health care service plans, except specialized behavioral health-only plans offering professional mental health services.
(d) For purposes of this section, “health care service plan” shall include Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. The State Department of Health Care Services shall seek any federal approvals it deems necessary to implement this section. This section shall apply to Medi-Cal managed care plan contracts only to the extent that the State Department of Health Care Services obtains any necessary federal approvals, and federal financial participation under the Medi-Cal program is available and not otherwise jeopardized.
(e) Notwithstanding subdivision (a), a Medi-Cal managed care plan shall continue to comply with any quality measures required or adopted by the State Department of Health Care Services. Quality measures included in a Medi-Cal managed care plan’s maternal mental health program shall not be inconsistent with quality measures required or adopted by the State Department of Health Care Services.

SEC. 2.

 Section 10123.867 of the Insurance Code is amended to read:

10123.867.
 (a) By July 1, 2023, a health insurer shall develop a maternal mental health program designed to promote quality and cost-effective outcomes. The program shall require at least one maternal mental health screening to be conducted during pregnancy, and at least one additional screening to be conducted during the first six months of the postpartum period. The program shall be developed consistent with sound clinical principles and processes, and shall include quality measures to encourage screening, diagnosis, treatment, and referral. The program guidelines and criteria shall be provided to relevant medical providers, including all contracting obstetric providers. As part of the maternal mental health program, a health insurer is encouraged to improve screening, treatment, and referral to maternal mental health services, include coverage for doulas, incentivize training opportunities for contracting obstetric providers, and educate insureds about the program.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Contracting obstetric provider” means an individual who is certified or licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or an initiative act referred to in that division, and who is contracted with the insured’s health insurer to provide services under the insured’s health insurance policy.
(2) “Maternal mental health” means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression.
(c) This section shall not apply to specialized health insurers, except behavioral health-only insurers that provide coverage for professional mental health services.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 102425 of the Health and Safety Code is amended to read:
102425.

(a)The certificate of live birth for a live birth occurring on or after January 1, 2016, shall contain those items necessary to establish the fact of the birth and shall contain only the following information:

(1)Full name and sex of the child.

(2)Date of birth, including month, day, hour, and year.

(3)Place of birth.

(4)Full name, birthplace, and date of birth of each parent, including month, day, and year, and the parental relationship of the parent to the child.

(A)The full name of the mother shall be the birth name of the mother.

(B)If the birth mother is one of the parents listed on the certificate of live birth, the birth mother’s name shall be placed on the second parent line.

(C)If the parents are not married to each other, the name of the person identified by the woman giving birth as either the only possible genetic parent other than the woman giving birth or the intended parent of a child conceived through assisted reproduction shall not be listed on the birth certificate unless the woman who gave birth to the child and either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction sign a voluntary declaration of parentage at the hospital before the birth certificate is submitted for registration. The birth certificate may be amended to add another parent’s name at a later date only if parentage for the child has been established by a judgment of a court of competent jurisdiction or by the filing of a voluntary declaration of parentage.

(5)Multiple births and birth order of multiple births.

(6)Signature, and relationship to the child, of a parent or other informant, and date signed.

(7)Name, title, and mailing address of the attending physician and surgeon or principal attendant, signature, and certification of live birth by the attending physician and surgeon or principal attendant or certifier, date signed, and name and title of the certifier, if other than the attending physician and surgeon or principal attendant.

(8)Date accepted for registration and signature of local registrar.

(9)A state birth certificate number and local registration district and number.

(10)A blank space for entry of the date of death with a caption reading “Date of Death.”

(b)In addition to the items listed in subdivision (a), the certificate of live birth shall contain the following medical and social information, provided that the information is kept confidential pursuant to Sections 102430 and 102447 and is clearly labeled “Confidential Information for Public Health Use Only:”

(1)Birth weight.

(2)Pregnancy history.

(3)Race and ethnicity of the mother and any other parent.

(4)Residence address of the birth mother.

(5)A blank space for entry of census tract for the birth mother’s address.

(6)Date of first prenatal care visit, the number of prenatal care visits, and the date of last prenatal care visit.

(7)Date of last normal menses and an obstetric estimate of completed weeks of gestation at delivery.

(8)Description of complications and procedures of pregnancy and concurrent illnesses, congenital malformation, and any complication or procedure of labor and delivery, including surgery, provided that this information is essential medical information and appears in total on the face of the certificate.

(9)Hearing screen results.

(10)The occupations of the mother and father or parent and kind of business or industry.

(11)Education level of the mother and father or parent.

(12)Principal source of payment for prenatal care, which shall include the following: Medi-Cal, private insurance, self-pay, other sources, and any other categories determined by the State Department of Public Health.

(13)Expected principal source of payment for delivery, which shall include the following: Medi-Cal, private insurance, self-pay, other sources, and any other categories determined by the State Department of Public Health.

(14)An indication of whether or not the child’s parent desires the automatic issuance of a social security number to the child.

(15)The social security numbers of the mother and father or parent, unless subdivision (d) applies.

(c)When an objection is made by either parent to the furnishing of the information specified in paragraphs (3), (10), and (11) of subdivision (b) for the confidential portion of the certificate of live birth, this information shall not be required to be entered on that portion of the certificate of live birth.

(d)A parent is not required to disclose the parent’s social security number, as required by paragraph (15) of subdivision (b), if the parent has good cause for not disclosing the parent’s social security number. Good cause shall be defined by regulations adopted by the Department of Child Support Services.

(e)Paragraph (8) of subdivision (b) shall be completed by the attending physician and surgeon or the attending physician and surgeon’s designated representative. The names and addresses of children born with congenital malformations who require followup treatment, as determined by the child’s physician and surgeon, shall be furnished by the physician and surgeon to the local health officer, if permission is granted by either parent of the child.

(f)The parent shall only be asked to sign the form after both the public portion and the confidential medical and social information items have been entered upon the certificate of live birth.

(g)(1)The State Registrar shall instruct all local registrars to collect the information specified in this section with respect to certificates of live birth. The information shall be transcribed on the certificate of live birth in use at the time and shall be limited to the information specified in this section.

(2)Information relating to concurrent illnesses, complications and procedures of pregnancy and delivery, and congenital malformations shall be completed by the physician and surgeon, or the physician and surgeon’s designee, who shall insert in the space provided on the confidential portion of the certificate the appropriate number or numbers listed on the VS-10A supplemental worksheet. The VS-10A supplemental form shall be used as a worksheet only and shall not in any manner be linked with the identity of the child or the birth mother, nor submitted with the certificate to the State Registrar. All information transferred from the worksheet to the certificate shall be fully explained to the parent or other informant prior to the signing of the certificate. Questions relating to drug or alcohol abuse shall not be asked.

(h)(1)The Vital Statistics Advisory Committee, in accordance with Section 102465, shall conduct a review of the contents of the certificate of live birth to coincide with decennial revisions by the National Center for Health Statistics to the United States Standard Certificate of Live Birth. The Vital Statistics Advisory Committee shall make recommendations to the State Registrar regarding the adoption of modifications to the state certificate of live birth that are similar to those made to the federal certificate.

(2)Notwithstanding Section 102470, the State Registrar shall review the Vital Statistics Advisory Committee recommendations and, at the State Registrar’s discretion, shall submit to the Legislature, for approval, additions or deletions to the certificate of live birth.

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