HF 2057 (LSB 5707YH (3) 90)

HOUSE FILE 2057

BY  DUNWELL

A BILL FOR

An Act relating to the more options for maternal support program, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 217.41C, Code 2024, is amended to read as follows:
   217.41C  More options for maternal support program.
   1.  a.  The department shall create the more options for maternal support program, a statewide program to promote healthy pregnancies and childbirth through nonprofit organizations that provide pregnancy support services. 
   b.  The more options for maternal support program is designed to do all of the following:
   (1)  Provide an approach and personalized support to pregnant women to provide stabilization to families.
   (2)  Promote improved pregnancy outcomes, including reducing abortions, by helping women practice sound health-related behaviors and improve prenatal nutrition.
   (3)  Improve child health and development by helping parents provide responsible and competent care for their children.
   (4)  Improve family economic self-sufficiency by linking parents to services that address individual economic and social needs.
   c.  For the purposes of this section, “pregnancy support services”:
   (1)  “Pregnancy support services” means those nonmedical services that promote childbirth by providing information, counseling, and support services that assist pregnant women or women who believe they may be pregnant to choose childbirth and to make informed decisions regarding the choice of adoption or parenting with respect to their children.
   (2)  “Provider of pregnancy support services” or “provider” means a nonprofit organization that provides pregnancy support services under contract with the program administrator or the department.
   2.  The program may provide and support all of the following pregnancy support services:
   a.  Nutritional services and education.
   b.  Housing, education, and employment assistance during pregnancy and up to one year following a birth.
   c.  Adoption education, planning, and services.
   d.  Child care assistance if necessary for a pregnant woman to receive pregnancy support services.
   e.  Parenting education and support services for up to one year following a child’s birth.
   f.  Material items which are supportive of pregnancy and childbirth including but not limited to cribs, car seats, clothing, diapers, formula, or other safety devices.
   g.  Information regarding health care benefits, including but not limited to available Medicaid coverage for pregnancy care and health care coverage for a child following birth.
   h.  A call center for information or to schedule appointments.
   i.  Medical information and referrals for medical care, including but not limited to pregnancy tests, sexually transmitted infection tests, other health screenings, ultrasound services, prenatal care, and birth classes and planning.
   j.  Counseling, mentoring, educational information, and classes relating to pregnancy, parenting, adoption, life skills, and employment readiness.
   3.  The department shall may administer the program directly through providers of pregnancy support services or may issue a request for proposals to select a program administrator for the program. A If the department issues a request for proposals and selects a program administrator, the program administrator shall meet all of the following requirements:
   a.  Be a nonprofit entity incorporated in this state with a tax-exempt status pursuant to section 501(c)(3) of the Internal Revenue Code.
   b.  Have Create and maintain, and have systems and processes in place that have been used for at least three years to successfully manage, a statewide network of subcontractors providing providers of pregnancy support services.
   c.  Have a commitment to promoting healthy pregnancies and childbirth instead of abortion as a fundamental part of the program administrator’s mission.
   d.  Create and maintain a network of subcontractors to provide pregnancy support services. 
   e.  d.  Maintain records for each subcontractor provider of pregnancy support services.
   f.  e.  Monitor compliance with the terms and conditions of a subcontractor contract with a provider of pregnancy support services.
   4.  A subcontractor providing provider of pregnancy support services under the program shall meet all of the following requirements:
   a.  Be a nonprofit organization incorporated in this state with a tax-exempt status pursuant to section 501(c)(3) of the Internal Revenue Code.
   b.  Have a minimum of one year of operational experience in either providing core pregnancy support services or managing a network of providers of pregnancy support services as a subcontractor.
   c.  Have a primary mission of promoting healthy pregnancies and childbirth instead of abortion.
   d.  Have a system of financial accountability consistent with generally accepted accounting principles, including an annual budget.
   e.  Have a board that hires and supervises a director who manages the organization’s operations.
   f.  Offer, at a minimum, counseling or services for women who are or may be experiencing unplanned pregnancies.
   g.  Provide confidential and free pregnancy support services and other program services.
   h.  Provide each pregnant woman with accurate information on the developmental characteristics of unborn children and babies.
   i.  Ensure that program funds are not used to provide or refer pregnant women for terminations of pregnancy, or to encourage or affirmatively counsel a pregnant woman to terminate a pregnancy unless the pregnant woman’s attending physician confirms the termination of pregnancy is medically necessary to prevent the pregnant woman’s death.
   j.  Maintain confidentiality of all data, files, and records related to the program pregnancy support services provided to persons accessing program the pregnancy support services through the program in compliance with state and federal laws.
   5.  The department shall publish the program administrator and subcontractor criteria on the department’s internet site.
   6.  5.  The department shall adopt rules pursuant to chapter 17A to administer the program, and. If the department selects a program administrator through a request for proposals process, the department shall provide technical assistance to the program administrator, monitor the program administrator for adherence to state and federal requirements, and collect and maintain program data. 
   7.  6.  Beginning October 1, 2023 2024, and on or before October 1 annually thereafter, the department shall submit to the general assembly the following program information relative to the prior fiscal year:
   a.  The total number of subcontractors providers of pregnancy support services by geographical region and the total number of unduplicated clients served by each subcontractor provider by gender and age.
   b.  A description of outreach efforts by the an administrator, subcontractors providers of pregnancy support services, and the department.
   c.  Total program expenditures.
   d.  The amounts attributable to the any program administrator contract and to each contract with the subcontractors a provider of pregnancy support services.
   e.  The outcomes based on outcome measures included in the contracts with the any program administrator and each subcontractor provider of pregnancy support services.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 3.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to July 1, 2022.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the more options for maternal support (MOMS) program.
   Under Code section 217.41C, the MOMS program is required to be administered by the department of health and human services (HHS) through an administrator selected by a request for proposals (RFP) process. The bill amends this provision to authorize HHS to either administer the program directly through contracts with providers of pregnancy support services (providers), or through a program administrator selected through an RFP process. The bill also eliminates the reference to subcontractors and instead refers to providers and makes requirements for the former subcontractors applicable to these providers. The bill eliminates the requirement that HHS publish the program administrator and subcontractor criteria on the HHS internet site.
   The bill changes the date by which HHS is required to begin submitting an annual report regarding the program to the general assembly from October 1, 2023, to October 1, 2024.
   The bill makes conforming changes to Code section 217.41C to reflect the optional use of a program administrator and the elimination of program subcontractors.
   The bill takes effect upon enactment and is retroactively applicable to July 1, 2022, the original effective date of the Code section.