PRINTER'S NO. 4202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2747
Session of
2020
INTRODUCED BY CEPHAS, MURT, HILL-EVANS, KENYATTA, DALEY, KINSEY,
HOHENSTEIN, GALLOWAY, ROZZI, OTTEN, HOWARD, FIEDLER,
McCLINTON, MADDEN, BULLOCK, ISAACSON, MALAGARI, FRANKEL,
RABB, KOSIEROWSKI AND GREEN, AUGUST 6, 2020
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, AUGUST 6, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for COVID-19 temporary
licensure for certified professional midwives.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
COVID-19 TEMPORARY LICENSURE FOR
CERTIFIED PROFESSIONAL MIDWIVES
Sec.
5901. Scope of chapter.
5902. Definitions.
5903. Temporary licensure.
5904. Medical assistance reimbursement.
5905. Health insurance reimbursement.
§ 5901. Scope of chapter.
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This chapter relates to temporary licensure for certified
professional midwives during the COVID-19 disaster emergency.
§ 5902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified professional midwife." An individual certified to
provide maternity care during the antepartum, intrapartum and
postpartum periods.
"COVID-19 disaster emergency." The proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
"Department." The Department of State of the Commonwealth.
§ 5903. Temporary licensure.
The department shall issue a temporary license to a certified
professional midwife who has received and maintained
certification by the North American Registry of Midwives or a
certified professional midwife who is licensed in another state.
The temporary license shall only be valid for the duration of
the COVID-19 disaster emergency and for six months after the
expiration or termination of the COVID-19 disaster emergency.
§ 5904. Medical assistance reimbursement.
(a) General rule.--Subject to subsection (b), services
provided by a certified professional midwife who holds a
temporary license under section 5903 (relating to temporary
licensure) shall be eligible for medical assistance
reimbursement.
(b) State plan amendment or waiver.--The Department of Human
Services shall seek a State plan amendment or Federal waiver
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from the Centers for Medicare and Medicaid Services, if needed,
to allow the medical assistance program to provide coverage for
certified professional midwife services under section 5903.
§ 5905. Health insurance reimbursement.
If an individual or group health insurance policy, contract
or plan provides for reimbursement for any health care service
which is within the areas of practice for which a midwife may be
licensed under the act of April 4, 1929 (P.L.160, No.155),
referred to as the Midwife Regulation Law, or for the cost of
birthing facilities, the insured or any other individual covered
by the individual or group health insurance policy, contract or
plan shall be entitled to benefits for services provided by or
use of the birthing facilities by a certified professional
midwife who holds a temporary license under section 5903
(relating to temporary licensure).
Section 2. If a necessary State plan amendment or Federal
waiver under 35 Pa.C.S. § 5904(b) is approved by the Centers for
Medicare and Medicaid Services, the Secretary of Human Services
shall transmit notice of the approval to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin.
Section 3. The addition of 35 Pa.C.S. § 5905 shall apply to
health insurance policies, contracts and plans offered, issued
or renewed on or after the effective date of this section.
Section 4. This act shall take effect as follows:
(1) The addition of 35 Pa.C.S. § 5904 of the act shall
take effect 30 days following publication of the notice under
section 2 of this act.
(2) The remainder of this act shall take effect
immediately.
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