BOSTON – Governor Maura Healey signed a comprehensive maternal health bill into law which creates a state licensure pathway for midwives and lactation consultants, encourages the creation of more freestanding birth centers, establishes a grant program to address maternal mental health and substance use disorder, and expands the statewide universal postpartum home visiting program. Senator Sal DiDomenico proudly supported this legislation which also mandates that insurers provide coverage for postpartum depression and major depressive disorder screenings for perinatal individuals.

“My colleagues and I took decisive action last month to improve and expand maternal health care options for people throughout Massachusetts,” said Senator Sal DiDomenico. “These changes will narrow racial inequities and improve health care outcomes for parents across the Commonwealth. This will go a long way towards our overall goal of making our state more welcoming and inclusive of families of all backgrounds and income levels. I want to thank Governor Healey, Senate President Spilka, Senator Friedman and Representative Decker for their leadership on these urgent issues.”

The legislation creates a state license that certified professional midwives must receive in order to practice midwifery, and requires certain insurance providers, such as MassHealth, to cover doula and midwifery services including prenatal care, childbirth, and postpartum care. The new law creates the Board of Registration in Midwifery within the Department of Public Health (DPH) to license and provide oversight of licensed certified professional midwives. Licensed certified professional midwives would be required to coordinate emergency care if needed and would also be able to issue prescriptions for certain drugs, under regulations to be promulgated by the Board and DPH. This language also ensures equitable reimbursement of certified nurse-midwives by requiring that they receive payment rates equal to those for the same services performed by a physician under MassHealth.

To encourage the creation of more freestanding birth centers, which operate independent from hospital systems, the law requires DPH to promulgate updated regulations governing the licensure of freestanding birth centers to ensure safe, equitable, and accessible birth options.

The legislation also requires that MassHealth cover noninvasive prenatal screenings to detect whether a pregnancy is at increased risk for chromosomal abnormalities for all pregnant patients regardless of age, baseline risk, or family history. The law requires health insurers to provide coverage for medically necessary pasteurized donor human milk and products derived from it, serving as a critical source of nutrition for the growth and development of babies, particularly for vulnerable premature infants. To better support new mothers in their feeding journeys, the law also authorizes the Board of Allied Health Professionals to license lactation consultants to ensure their services are eligible for reimbursement through the patient’s insurance.

The legislation provides critical support for birthing people and their families during the postpartum period, including requiring DPH to conduct a public awareness campaign about perinatal mood and anxiety disorders, and to develop and maintain a digital resource center that will be available to the public. It also requires that perinatal individuals be offered a screening for postpartum depression and major depressive disorder, and that those services be covered by health insurance plans. To better address barriers in access to care and reduce racial inequities in maternal health, the law expands the universal postpartum home visiting program administered by DPH and provides coverage for the program’s services.

Additionally, the law requires DPH to develop and disseminate public information about pregnancy loss to the public and perinatal health care workers to prioritize the physical and mental health care of patients affected. It also requires DPH to establish a program to conduct fetal and infant mortality reviews (FIMR) to identify social, economic, and systems level factors associated with fetal and infant deaths and inform public health policy programs. The legislation also includes a provision that will allow Massachusetts residents to use earned paid sick time in the event of a pregnancy loss.

The law ensures that the Maternal Mortality and Morbidity Review Committee will have access to essential records required to conduct thorough and timely reviews of maternal deaths and pregnancy complications. This will enable the Committee to formulate comprehensive recommendations to improving maternal outcomes and prevent mortality. The law’s language also establishes a grant program under the Executive Office of Health and Human Services aimed at addressing maternal mental health. This program will support the establishment or expansion of initiatives serving perinatal individuals, particularly those in underserved populations, to improve mental health, behavioral health, and substance use disorder.

The law establishes a nine-member task force to study the current availability of, and access to, maternal health services and care, as well as essential service closures of inpatient maternity units and acute-level birthing centers. The task force will identify methods of increasing financial investment in, and patient access to, maternal health care in the Commonwealth. 

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Bill increases benefits, modernizes services, and promotes inclusivity for Massachusetts veterans 

BOSTON — This August, Governor Healey signed An Act Honoring, Empowering and Recognizing Our Service Members and Veterans (HERO Act), legislation designed to boost support for hundreds of thousands of individuals across the state who have served in the United States military, including nearly 30,000 women veterans and thousands of LGBTQ+ veterans.

“I am excited to see this bill signed into law so we can invest in benefits and services that will improve lives for Veterans in my district and our state who have sacrificed so much for our country,” said Senator Sal DiDomenico. “The HERO Act demonstrates our support for Veterans from all backgrounds by expanding our health care benefits and support services for service members and their families as well as bolstering initiatives to study PTSD and mental health treatments for Veterans across the state. I am grateful to Senate President Spilka and Senator John Velis for moving this essential package through legislative process.” 

This compromise legislation increases and simplifies benefits and opportunities, modernizes services, and promotes inclusivity for Massachusetts veterans while reaffirming the Commonwealth’s commitment to recognizing and serving all service members and their families. It increases benefits for disabled veterans and Gold Star family members, bolsters new and existing initiatives for municipalities and businesses to support veterans, creates comprehensive services for active-duty service members and military families, expands the scope of the Veterans Equality Review Board, updates the Chapter 115 definition of a veteran to expand eligibility, and codifies medical, behavioral health, and dental benefits.

Further, it establishes new recognitions for military service in the Commonwealth and requires several working groups to review post-traumatic stress disorder in veterans, mental health treatments for veterans, and overall quality of life for veterans in Massachusetts.

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Bill enhances oversight, requires outbreak planning, and creates an LGBTQ+ Bill of Rights

BOSTON — The Massachusetts Senate approved sweeping reforms to the Commonwealth’s long term care and assisted living sectors, taking a powerful step towards delivering the high quality and safe care that Massachusetts seniors deserve. Senator DiDomenico supported S.2889, An Act relative to long term care and assisted living, which substantially strengthens oversight and enforcement while also requiring facilities to create outbreak plans should a health issue arise.

The bill also creates an LGBTQ+ bill of rights for aging residents to prohibit discrimination based on their LGBTQ+ identity or HIV status. After robust debate, the bill passed 39-0.

“Our state’s older residents are invaluable members of our community, and it is of the highest importance that we ensure the best quality of life for people living in assisted living facilities,” said Senator Sal DiDomenico. “I am proud to support this legislative package that will move our state forward in helping ensure our long-term care and assisted living facilities are safe and providing quality care throughout the Commonwealth. We are all going to need some form of care when we get older, and it is our obligation in government to guarantee everyone has the right to age with dignity. I want to thank Senate President Spilka, Chair Rodrigues, and Senator Jehlen for shepherding this critical legislation through the Senate.”

The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long term care facilities, including the following.

Assisted Living Basic Health Services. The bill makes it easier for residents of nursing homes and long term care facilities to get timely and efficient care by allowing Assisted Living Residences (ALRs) to offer basic health services such as helping a resident administer drops, manage their oxygen, or take a home diagnostic test. The legislation requires ALRs create service plans that demonstrate the residence has the necessary procedures in place, such as staff training and policies, to ensure safe and effective delivery of basic health services.

The legislation enhances oversight and compliance of ALRs by lowering the threshold for ownership interest disclosure from 25 per cent to five per cent. Under the new law, applicants are required to demonstrate that any prior multifamily housing, ALR, or health care facilities in which they had an interest met all the licensure or certification criteria. If any of these facilities were subject to enforcement action, the applicant must provide evidence that they corrected these deficiencies without revocation of licensure or certification.

This bill also gives the Executive Office of Elder Affairs (EOEA) new powers to penalize non-compliance by allowing them to fine ALRs up to $500 per day. This is in addition to existing EOEA powers to modify, suspend, or revoke a certification, or deny a recertification. Finally, it adds whistleblower protections for staff and residents who report anything happening at an ALR that they reasonably believe is a threat to the health or safety of staff or residents.

Long Term Care Facilities. The bill requires the Department of Public Health (DPH) to inspect each long term care facility every nine to 15 months to assess quality of services and compliance. It also requires DPH to review the civil litigation history, in addition to the criminal history, of the long term care facility applicants, including any litigation related to quality of care, patient safety, labor issues, or deceptive business practices.

S.2889 requires DPH to review the financial capacity of an applicant and its history in providing long term care in Massachusetts and other states. It requires applicants to notify DPH if it is undergoing financial distress, such as filing for bankruptcy, defaulting on a lending agreement, or undergoing receivership.

It allows DPH to limit, restrict, or revoke a long term care facility license for cause, such as substantial or sustained failure to provide adequate care, substantial or sustained failure to comply with laws or regulations, or lack of financial capacity to operate a facility. It also gives DPH the power to appoint a temporary manager if a long term care facility owner fails to maintain substantial or sustained compliance with laws and regulations. This manager would be brought on for at least three months, at the facility owner’s expense, to bring the facility into compliance.

The bill requires long term care facilities to submit outbreak response plans to DPH with clear protocols for the isolation of residents, lab testing, visitor screening, preventing spread from staff, and the notification of residents, family, and staff in the event of a contagious disease outbreak.

The bill prohibits long term care facilities from discriminating against residents based on LGBTQ+ identity or HIV status, whether through the denial of admission, medical or non-medical care, access to restrooms, or through room assignments. It also requires staff training on preserving LGBTQ+ rights and care.

Versions of the bill having passed both chambers of the Legislature, the two branches will now reconcile their differences before sending a bill to the Governor’s desk. 

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