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42 U.S.C. § 247b–12Safe motherhood

submitted 82 years ago by Pub. L. 106-310 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,804 words · no verdicts yet

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The Secretary must support state and tribal committees that review maternal deaths, expand national surveillance systems, and fund research into what causes maternal complications and death, including racial disparities. Participating committees must have diverse membership, protect confidentiality, and report data to the CDC every year. The Secretary must also share best practices for preventing maternal death at least once a year.

(a) Surveillance (1) Purpose This subsection aims to start or continue a federal program supporting state and tribal maternal mortality review committees, improve how maternal mortality data is collected and reported, and build surveillance systems to better understand maternal complications and death, especially disparities between different groups of people. (2) Activities To do this, the Secretary, through the Director of the Centers for Disease Control and Prevention, may: (A) continue and improve a national program to collect and track data on maternal deaths — identifying deaths that happen during, or within a year after, a pregnancy, and improving how that data is broken down consistent with privacy law; (B) expand the Pregnancy Risk Assessment Monitoring System to cover every state; (C) expand the Maternal and Child Health Epidemiology Program, giving states technical support, money, or the temporary loan of senior epidemiologists; and (D) work with states, tribes, and tribal organizations to help them set up or run maternal mortality review committees, following the rules in (d). (b) Prevention research (1) Purpose This subsection lets the Secretary expand research on risk factors, prevention strategies, and the roles families, health care providers, and communities play in safe motherhood. (2) Research The Secretary may fund research on: (A) counseling before pregnancy, especially for at-risk women such as those with diabetes or a substance use disorder; (B) the most important parts of prenatal, delivery, and postpartum care; (C) outreach and support services, like folic acid education, available to pregnant women; (D) identifying women at high risk of complications; (E) preventing preterm delivery; (F) preventing urinary tract infections; (G) preventing unnecessary C-sections; (H) what causes disparities in maternal care, health risks, and outcomes, including why Black women and other groups have disproportionately high maternal death rates; (I) reducing disparities in maternity services and outcomes; (J) the link between interpersonal violence and maternal complications and death; (K) preventing harm from smoking and substance misuse before, during, and after pregnancy; (L) preventing infections that cause maternal and infant complications; (M) the link between rural maternal and obstetric care and delivery and postpartum outcomes; and (N) other areas the Secretary decides are appropriate. (c) Prevention programs The Secretary may run activities that promote safe motherhood, including (1) public education on healthy pregnancy, (2) education for doctors, nurses, and other providers, (3) activities that build community support for pregnant women, and (4) activities that promote physical, mental, and behavioral health during pregnancy and up to a year afterward, focused on preventing and treating mental health and substance use disorders. (d) Maternal mortality review committees (1) To take part in the program under (a)(2)(D), a state's, tribe's, or tribal organization's review committee must (A) include diverse members from a range of clinical specialties, including obstetricians and gynecologists, along with public health officials, epidemiologists, statisticians, community organizations, people from different areas the committee covers, and people who represent the populations most affected by these deaths and by poor access to maternal care; and (B) show the Centers for Disease Control and Prevention that its methods for collecting and reviewing data reliably find every pregnancy-associated and pregnancy-related death, no matter how the pregnancy ended. (2) Process for confidential reporting Participating states, tribes, and tribal organizations must build, through their review committee, a process that (A) lets health professionals, health facilities, medical examiners, coroners, and other appropriate people confidentially report these deaths to the state or tribal health agency; (B) lets family members and other appropriate people confidentially and voluntarily report these deaths to the health agency, for the committee to review; and (C) makes the committee's contact information public and reaches out to local professional, community, and social service groups about the committee. (3) Data collection and review Participants must (A) each year identify these deaths — (i) through vital statistics, by matching each relevant death record to a birth certificate or fetal death record where possible, identifying causes where practical, and using medical examiner and coroner reports to improve the quality of death records; and (ii) using other methods to catch deaths the vital-statistics matching misses; (B) have the committee review the data to spot outcomes, trends, patterns, and disparities that contribute to these deaths, and use that review to recommend ways to improve maternal care to the people and groups who report data under (2)(A); (C) identify training available to those reporters so they can accurately identify and report these deaths; (D) make sure the data, where practical, is in a format the Centers for Disease Control and Prevention can analyze; and (E) publicly explain the methods used to identify these deaths. (4) Confidentiality Participants must protect confidentiality by making sure (A) the review committee, including its individual members, never tells anyone — including any government official — identifying information about a specific case, and (B) nothing from the committee's proceedings, including its deliberations or records, is made public unless state or federal law specifically allows it. (5) Reports to CDC Starting in fiscal year 2019 and every year after, each participating committee must send the Director of the Centers for Disease Control and Prevention a report with (A) its data, findings, and recommendations, and (B) an update on carrying out any recommendations it made in earlier years. (6) State partnerships States may team up with neighboring states to carry out these activities. If they do, filing one combined report satisfies each partner state's reporting duty. (7) Appropriate mechanisms for Indian tribes and tribal organizations The Secretary, working with Indian tribes, must set up ways for tribes and tribal organizations to show they qualify, report their data, and carry out these activities — which can include technical help with grant applications and managing the award. (8) Research availability The Secretary must make sure the data collected under (5) is available for research, where practical and appropriate, while protecting identifiable information consistent with state and federal privacy law. (e) Best practices relating to the prevention of maternal mortality (1) In general The Secretary, through the Director of the Centers for Disease Control and Prevention and in consultation with the Administrator of the Health Resources and Services Administration, must find and share best practices for preventing maternal illness and death with health care providers, professional societies, and perinatal quality collaboratives, taking into account findings from other federal maternal health programs. (2) Frequency The Secretary must share these best practices at least once every fiscal year. (f) Definitions In this section: (1) "Indian tribe" and "tribal organization" mean what section 5304 of title 25 says; (2) "pregnancy-associated death" means the death of a woman, from any cause, during or within a year after her pregnancy, no matter how or when the pregnancy ended; and (3) "pregnancy-related death" means a death during or within a year after pregnancy that (A) is caused or made worse by the pregnancy or its treatment, and (B) is not from an accidental or unrelated cause. (g) Authorization of appropriations $100,000,000 is authorized for each of fiscal years 2026 through 2030.
the actual law source: uscode.house.gov ↗public domain
(a) Surveillance
(1) Purpose

The purposes of this subsection are to establish or continue a Federal initiative to support State and tribal maternal mortality review committees, to improve data collection and reporting around maternal mortality, and to develop or support surveillance systems at the local, State, and national level to better understand the burden of maternal complications and mortality and to decrease the disparities among populations at risk of death and severe complications from pregnancy.

(2) Activities

For the purpose described in paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may carry out the following activities:

(A)

The Secretary may continue and improve activities related to a national maternal mortality data collection and surveillance program to identify and support the review of pregnancy-associated deaths and pregnancy-related deaths that occur during, or within 1 year following, pregnancy, including improving disaggregation of data (in a manner consistent with applicable State and Federal privacy laws).

(B)

The Secretary may expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each State.

(C)

The Secretary may expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each State.

(D)

The Secretary may, in cooperation with States, Indian tribes, and tribal organizations, develop a program to support States, Indian tribes, and tribal organizations in establishing or operating maternal mortality review committees, in accordance with subsection (d).

(b) Prevention research
(1) Purpose

The purpose of this subsection is to provide the Secretary with the authority to further expand research concerning risk factors, prevention strategies, and the roles of the family, health care providers and the community in safe motherhood.

(2) Research

The Secretary may carry out activities to expand research relating to—

(A)

prepregnancy counseling, especially for at risk populations such as women with diabetes and women with substance use disorder;

(B)

the identification of critical components of prenatal delivery and postpartum care;

(C)

the identification of outreach and support services, such as folic acid education, that are available for pregnant women;

(D)

the identification of women who are at high risk for complications;

(E)

preventing preterm delivery;

(F)

preventing urinary tract infections;

(G)

preventing unnecessary caesarean sections;

(H)

the identification of the determinants of disparities in maternal care, health risks, and health outcomes, including an examination of the higher rates of maternal mortality among African American women and other groups of women with disproportionately high rates of maternal mortality;

(I)

activities to reduce disparities in maternity services and outcomes;

(J)

an examination of the relationship between interpersonal violence and maternal complications and mortality;

(K)

preventing and reducing adverse health consequences that may result from smoking and substance abuse and misuse before, during and after pregnancy;

(L)

preventing infections that cause maternal and infant complications;

(M)

an examination of the relationship between maternal health and obstetric services in rural areas and outcomes in delivery and postpartum care; and

(N)

other areas determined appropriate by the Secretary.

(c) Prevention programs

The Secretary may carry out activities to promote safe motherhood, including—

(1)

public education campaigns on healthy pregnancies;

(2)

education programs for physicians, nurses and other health care providers;

(3)

activities to promote community support services for pregnant women; and

(4)

activities to promote physical, mental, and behavioral health during, and up to 1 year following, pregnancy, with an emphasis on prevention of, and treatment for, mental health disorders and substance use disorder.

(d) Maternal mortality review committees
(1) In general

In order to participate in the program under subsection (a)(2)(D), the applicable maternal mortality review committee of the State, Indian tribe, or tribal organization shall—

(A)

include multidisciplinary and diverse membership that represents a variety of clinical specialties (including obstetricians and gynecologists), State, tribal, or local public health officials, epidemiologists, statisticians, community organizations, geographic regions within the area covered by such committee, and individuals or organizations that represent the populations in the area covered by such committee that are most affected by pregnancy-related deaths or pregnancy-associated deaths and lack of access to maternal health care services; and

(B)

demonstrate to the Centers for Disease Control and Prevention that such maternal mortality review committee’s methods and processes for data collection and review, as required under paragraph (3), use best practices to reliably determine and include all pregnancy-associated deaths and pregnancy-related deaths, regardless of the outcome of the pregnancy.

(2) Process for confidential reporting

States, Indian tribes, and tribal organizations that participate in the program described in this subsection shall, through the State maternal mortality review committee, develop a process that—

(A)

provides for confidential case reporting of pregnancy-associated and pregnancy-related deaths to the appropriate State or tribal health agency, including such reporting by—

(i)

health care professionals;

(ii)

health care facilities;

(iii)

any individual responsible for completing death records, including medical examiners and medical coroners; and

(iv)

other appropriate individuals or entities; and

(B)

provides for voluntary and confidential case reporting of pregnancy-associated deaths and pregnancy-related deaths to the appropriate State or tribal health agency by family members of the deceased, and other appropriate individuals, for purposes of review by the applicable maternal mortality review committee; and

(C)

shall include—

(i)

making publicly available contact information of the committee for use in such reporting; and

(ii)

conducting outreach to local professional organizations, community organizations, and social services agencies regarding the availability of the review committee.

(3) Data collection and review

States, Indian tribes, and tribal organizations that participate in the program described in this subsection shall—

(A)

annually identify pregnancy-associated deaths and pregnancy-related deaths—

(i)

through the appropriate vital statistics unit by—

(I)

matching each death record related to a pregnancy-associated death or pregnancy-related death in the State or tribal area in the applicable year to a birth certificate of an infant or fetal death record, if available;

(II)

to the extent practicable, identifying an underlying or contributing cause of each pregnancy-associated death and each pregnancy-related death in the State or tribal area in the applicable year; and

(III)

collecting data from medical examiner and coroner reports and coordinating with individuals responsible for certifying deaths to improve the collection and quality of death record reports, including by amending errors and missing or incomplete information to cause-of-death information on a death certificate, as appropriate;

(ii)

using other appropriate methods or information to identify pregnancy-associated deaths and pregnancy-related deaths, including deaths from pregnancy outcomes not identified through clause (i)(I);

(B)

through the maternal mortality review committee, review data and information to identify adverse outcomes that may contribute to pregnancy-associated death and pregnancy-related death, and to identify trends, patterns, and disparities in such adverse outcomes to allow the State, Indian tribe, or tribal organization to make recommendations to individuals and entities described in paragraph (2)(A), as appropriate, to improve maternal care and reduce pregnancy-associated death and pregnancy-related death;

(C)

identify training available to the individuals and entities described in paragraph (2)(A) for accurate identification and reporting of pregnancy-associated and pregnancy-related deaths;

(D)

ensure that, to the extent practicable, the data collected and reported under this paragraph is in a format that allows for analysis by the Centers for Disease Control and Prevention; and

(E)

publicly identify the methods used to identify pregnancy-associated deaths and pregnancy-related deaths in accordance with this section.

(4) Confidentiality

States, Indian tribes, and tribal organizations participating in the program described in this subsection shall establish confidentiality protections to ensure, at a minimum, that—

(A)

there is no disclosure by the maternal mortality review committee, including any individual members of the committee, to any person, including any government official, of any identifying information about any specific maternal mortality case; and

(B)

no information from committee proceedings, including deliberation or records, is made public unless specifically authorized under State and Federal law.

(5) Reports to CDC

For fiscal year 2019, and each subsequent fiscal year, each maternal mortality review committee participating in the program described in this subsection shall submit to the Director of the Centers for Disease Control and Prevention a report that includes—

(A)

data, findings, and any recommendations of such committee; and

(B)

as applicable, information on the implementation during such year of any recommendations submitted by the committee in a previous year.

(6) State partnerships

States may partner with one or more neighboring States to carry out the activities under this subparagraph. With respect to the States in such a partnership, any requirement under this subparagraph relating to the reporting of information related to such activities shall be deemed to be fulfilled by each such State if a single such report is submitted for the partnership.

(7) Appropriate mechanisms for Indian tribes and tribal organizations

The Secretary, in consultation with Indian tribes, shall identify and establish appropriate mechanisms for Indian tribes and tribal organizations to demonstrate, report data, and conduct the activities as required for participation in the program described in this subsection. Such mechanisms may include technical assistance with respect to grant application and submission procedures, and award management activities.

(8) Research availability

The Secretary shall develop a process to ensure that data collected under paragraph (5) is made available, as appropriate and practicable, for research purposes, in a manner that protects individually identifiable or potentially identifiable information and that is consistent with State and Federal privacy law.

(e) Best practices relating to the prevention of maternal mortality
(1) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, in consultation with the Administrator of the Health Resources and Services Administration, identify and disseminate to health care providers, relevant professional societies, and perinatal quality collaboratives, best practices related to preventing maternal morbidity and mortality, taking into consideration any relevant findings from other Federal maternal health programs.

(2) Frequency

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall disseminate the best practices referred to in paragraph (1) not less than once per fiscal year.

(f) Definitions

In this section—

(1)

the terms “Indian tribe” and “tribal organization” have the meanings given such terms in section 5304 of title 25;

(2)

the term “pregnancy-associated death” means a death of a woman, by any cause, that occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy; and

(3)

the term “pregnancy-related death” means a death of a woman that occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy—

(A)

from any cause related to, or aggravated by, the pregnancy or its management; and

(B)

not from accidental or incidental causes.

(g) Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2026 through 2030.

Source credit: (July 1, 1944, ch. 373, title III, § 317K, as added Pub. L. 106–310, div. A, title IX, § 901, Oct. 17, 2000, 114 Stat. 1125; amended Pub. L. 115–344, § 2, Dec. 21, 2018, 132 Stat. 5047; Pub. L. 117–103, div. P, title I, § 141(c), Mar. 15, 2022, 136 Stat. 798; Pub. L. 119–75, div. J, title V, § 6501, Feb. 3, 2026, 140 Stat. 689.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-310 · 114 Stat. 1125
  • 2018Amended · Pub. L. 115-344 · 132 Stat. 5047
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 798
  • 2026Amended · Pub. L. 119-75 · 140 Stat. 689

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-310 on 1944-07-01.

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