AB 1085

This bill requires the Department of Health Services to request any necessary waiver of federal law or amendment to the state Medical Assistance plan to allow MA reimbursement for doula services and, if any necessary waiver or amendment is approved, directs DHS to reimburse certified doulas for doula services provided to MA recipients. Under the bill, doula services consist of childbirth education and support services, including emotional and physical support provided during pregnancy, labor, birth, and the postpartum period.

In addition, the bill requires a hospital or birthing center to adopt, maintain, and publish on its website written policies and procedures to permit a patient who is an MA recipient to be accompanied on the hospital’s or birthing center’s premises before, during, and after childbirth by a doula of the patient’s choice who is a certified MA provider. Under the bill, a hospital or birthing center may not count the doula against any quota for the number of support persons or guests who may accompany the patient. The bill also provides that the doula may not access a patient if that access is inconsistent with generally accepted medical practices or standards; a hospital may not be held liable for any act or omission by the doula based solely upon the fact that the hospital allowed a patient to be accompanied by the doula; and the doula must provide, upon request of a hospital or birthing center, written acknowledgement that they are a certified MA provider.