An Open Letter about the MOTHER’S Act to Kirstie Allie


S 324 IS

111th CONGRESS

1st Session

S. 324

To provide for research on, and services for individuals with, postpartum depression and psychosis.

IN THE SENATE OF THE UNITED STATES

January 26, 2009

Mr. MENENDEZ (for himself, Mr. DURBIN, Ms. SNOWE, Mr. LAUTENBERG, Mr. WHITEHOUSE, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To provide for research on, and services for individuals with, postpartum depression and psychosis.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Melanie Blocker Stokes Mom’s Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act’ or the ‘Melanie Blocker Stokes MOTHERS Act’.

SEC. 2. DEFINITIONS.

For purposes of this Act–

(1) the term ‘postpartum condition’ means postpartum depression or postpartum psychosis; and

(2) the term ‘Secretary’ means the Secretary of Health and Human Services.

TITLE I–RESEARCH ON POSTPARTUM CONDITIONS

SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.

(a) Continuation of Activities- The Secretary is encouraged to continue activities on postpartum conditions.

(b) Programs for Postpartum Conditions- In carrying out subsection (a), the Secretary is encouraged to continue research to expand the understanding of the causes of, and treatments for, postpartum conditions. Activities under such subsection shall include conducting and supporting the following:

(1) Basic research concerning the etiology and causes of the conditions.

(2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions.

(3) The development of improved screening and diagnostic techniques.

(4) Clinical research for the development and evaluation of new treatments.

(5) Information and education programs for health care professionals and the public, which may include a coordinated national campaign to increase the awareness and knowledge of postpartum conditions. Activities under such a national campaign may–

(A) include public service announcements through television, radio, and other means; and

(B) focus on–

(i) raising awareness about screening;

(ii) educating new mothers and their families about postpartum conditions to promote earlier diagnosis and treatment; and

(iii) ensuring that such education includes complete information concerning postpartum conditions, including its symptoms, methods of coping with the illness, and treatment resources.

SEC. 102. SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A PREGNANCY.

(a) Sense of Congress- It is the sense of Congress that the Director of the National Institute of Mental Health may conduct a nationally representative longitudinal study (during the period of fiscal years 2009 through 2018) of the relative mental health consequences for women of resolving a pregnancy (intended and unintended) in various ways, including carrying the pregnancy to term and parenting the child, carrying the pregnancy to term and placing the child for adoption, miscarriage, and having an abortion. This study may assess the incidence, timing, magnitude, and duration of the immediate and long-term mental health consequences (positive or negative) of these pregnancy outcomes.

(b) Report- Subject to the completion of the study under subsection (a), beginning not later than 5 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study, such Director may prepare and submit to the Congress reports on the findings of the study.

TITLE II–DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS

SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.

Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by inserting after section 330G the following:

‘SEC. 330G-1. SERVICES TO INDIVIDUALS WITH A POSTPARTUM CONDITION AND THEIR FAMILIES.

‘(a) In General- The Secretary may make grants to eligible entities for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with a postpartum condition and their families.

‘(b) Certain Activities- To the extent practicable and appropriate, the Secretary shall ensure that projects funded under subsection (a) provide education and services with respect to the diagnosis and management of postpartum conditions. The Secretary may allow such projects to include the following:

‘(1) Delivering or enhancing outpatient and home-based health and support services, including case management and comprehensive treatment services for individuals with or at risk for postpartum conditions, and delivering or enhancing support services for their families.

‘(2) Delivering or enhancing inpatient care management services that ensure the well-being of the mother and family and the future development of the infant.

‘(3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with a postpartum condition and support services for their families.

‘(4) Providing education to new mothers and, as appropriate, their families about postpartum conditions to promote earlier diagnosis and treatment. Such education may include–

‘(A) providing complete information on postpartum conditions, symptoms, methods of coping with the illness, and treatment resources; and

‘(B) in the case of a grantee that is a State, hospital, or birthing facility–

‘(i) providing education to new mothers and fathers, and other family members as appropriate, concerning postpartum conditions before new mothers leave the health facility; and

‘(ii) ensuring that training programs regarding such education are carried out at the health facility.

‘(c) Integration With Other Programs- To the extent practicable and appropriate, the Secretary may integrate the grant program under this section with other grant programs carried out by the Secretary, including the program under section 330.

‘(d) Certain Requirements- A grant may be made under this section only if the applicant involved makes the following agreements:

‘(1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions.

‘(2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions.

‘(3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services.

‘(4) The grant will not be expended to make payment for services authorized under subsection (a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services–

‘(A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

‘(B) by an entity that provides health services on a prepaid basis.

‘(5) The applicant will, at each site at which the applicant provides services funded under subsection (a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals.

‘(6) For each grant period, the applicant will submit to the Secretary a report that describes how grant funds were used during such period.

‘(e) Technical Assistance- The Secretary may provide technical assistance to entities seeking a grant under this section in order to assist such entities in complying with the requirements of this section.

‘(f) Definitions- In this section:

‘(1) The term ‘eligible entity’–

‘(A) means a public or nonprofit private entity; and

‘(B) includes a State or local government, public-private partnership, recipient of a grant under section 330H (relating to the Healthy Start Initiative), public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, public housing primary care center, or homeless health center.

‘(2) The term ‘postpartum condition’ means postpartum depression or postpartum psychosis.’.

TITLE III–GENERAL PROVISIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

To carry out this Act and the amendment made by section 201, there are authorized to be appropriated, in addition to such other sums as may be available for such purpose–

(1) $3,000,000 for fiscal year 2009; and

(2) such sums as may be necessary for fiscal years 2010 and 2011.

SEC. 302. REPORT BY THE SECRETARY.

(a) Study- The Secretary shall conduct a study on the benefits of screening for postpartum conditions.

(b) Report- Not later than 2 years after the date of the enactment of this Act, the Secretary shall complete the study required by subsection (a) and submit a report to the Congress on the results of such study.

SEC. 303. LIMITATION.

Notwithstanding any other provision of this Act or the amendment made by section 201, the Secretary may not utilize amounts made available under this Act or such amendment to carry out activities or programs that are duplicative of activities or programs that are already being carried out through the Department of Health and Human Services.

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