Maternal Health for Veterans Act

Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1786 the following new section:

The Secretary shall carry out a maternity care coordination program for eligible veterans.

In carrying out the program under subsection (a), the Secretary shall—

(1) provide care to eligible veterans from the beginning of pregnancy until 12 months postpartum;

(2) systematically and regularly compile and review data on screenings by maternity care coordinators of eligible veterans for mental health conditions, including data on completion by such coordinators of required mental health screenings and the results of such screenings; and

(3) implement a performance management process that—

(A) identifies desired program results and requisite performance goals for the program; and

(B) collects and uses performance information to measure progress towards program goals.

In carrying out the program under subsection (a), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum eligible veterans, particularly regarding mental and behavioral health conditions relating to the service of such veterans in the uniformed services.

Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that contains the following:

(A) A summary of the activities carried out under the program required by subsection (a).

(B) Data on maternal health outcomes, including maternal mortality, pregnancy-associated deaths, pregnancy-related deaths, and severe maternal morbidity, of eligible veterans who receive hospital care or medical services furnished at a facility of the Department or by a health care provider described in section 1703(c) of this title who provides such care or services to veterans under such section and other laws administered by the Secretary, disaggregated by relevant veteran characteristics, such as race and ethnicity, age, disability, and whether the eligible veteran lives in a rural area.

(C) Progress on implementation of relevant recommendations on improvements to the program made by, at minimum, the Comptroller General of the United States, the Inspector General of the Department of Veterans Affairs, the Secretary (based on previous annual reports, if applicable), and an explanation if the Secretary chooses to not implement a recommendation.

(D) Recommendations by the Secretary, if any, to improve the maternal health outcomes of eligible veterans, with a particular focus on eligible veterans from demographic groups with elevated rates of maternal mortality, pregnancy-associated deaths (including pregnancy-related deaths), severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, including eligible veterans who belong to one or more racial and ethnic minority group, who identify as having a disability or more than one disability, or who live in a rural area.

The Secretary shall provide the data required under paragraph (1) in a manner that is wholly consistent with applicable Federal privacy and confidentiality laws, including section 552a of title 5 (commonly known as the Privacy Act of 1974), the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191), relevant regulations, including parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations), and sections 5701, 5705, and 7332 of this title to ensure that such data, or any portion of such data, will not undermine the anonymity of a veteran.

In this section:

The term community maternity care provider means a maternity care provider located at a non-Department facility who provides maternity care to veterans under section 1703 of this title, or any other law administered by the Secretary.

The term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

The term eligible veteran means a veteran enrolled in the system of annual patient enrollment of the Department established and operated under section 1705 of this title.

The term maternal mortality means a death occurring during or within a one-year period after pregnancy, caused by pregnancy-related or childbirth complications, including a suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications.

The term maternity care provider means a health care provider who—

(A) is a physician, a physician assistant, a midwife who meets, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, an advanced practice registered nurse, a doula accredited by a State to receive reimbursement for doula services under a State plan (or a waiver of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or a lactation consultant certified by the International Board of Lactation Consultant Examiners; and

(B) has a focus on maternal or perinatal health.

The term postpartum, with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual.

The term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy.

The term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy.

The term racial and ethnic minority group has the meaning given that term in section 1707 of the Public Health Service Act (42 U.S.C. 300u–6).

The term rural has the meaning given that term under the Rural-Urban Commuting Areas (RUCA) coding system of the Department of Agriculture.

The term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant.

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1786 the following new item:

Section 3 of the Protecting Moms Who Served Act of 2021 (Public Law 117–69; 135 Stat. 1496) is repealed.