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2019 ID H 109
Author: Health and Welfare
Version: Enacted - Final
Version Date: 03/18/2019

LEGISLATURE OF THE STATE OF IDAHO

Sixty-fifth Legislature

First Regular Session - 2019

IN THE HOUSE OF REPRESENTATIVES

HOUSE BILL NO. 109

BY Health and Welfare Committee

AN ACT

RELATING TO MATERNAL DEATHS; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 96, TITLE 39, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO DEFINE TERMS, TO ESTABLISH PROVISIONS REGARDING A MATERNAL MORTALITY REVIEW COMMITTEE, TO ESTABLISH PROVISIONS REGARDING COMMITTEE PROCEEDINGS, RECORDS, CONFIDENTIALITY, AND IMMUNITY, TO PROVIDE FOR ACCESS TO CERTAIN RECORDS, AND TO PROVIDE RULEMAKING AUTHORITY; AND PROVIDING A SUNSET DATE.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER , to be known and designated as Chapter 96, Title 39, Idaho Code, and to read as follows:

CHAPTER 96

MATERNAL MORTALITY REVIEW

39-9601. LEGISLATIVE FINDINGS. The legislature of the state of Idaho finds that:

(1) According to the world health organization, maternal mortality rates worldwide dropped 44% between 1990 and 2015, but increased in the United States;

(2) The institute for health metrics and evaluation at the university of Washington found the United States has a maternal death rate of 26.4 per 100,000 live births, compared to other countries such as the United Kingdom (9.2), Germany (9), France (7.8), Canada (7.3), Spain (5.6), Italy (4.2), and Finland (3.8);

(3) In 2018, Idaho ranked thirty-first out of fifty states in rates of maternal mortality, according to the centers for disease control and prevention. Per Idaho vital statistics, Idaho's maternal death rate in 2017 was 27.1 deaths per 100,000 live births;

(4) Maternal deaths are a serious public health concern and have a tremendous family and societal impact;

(5) No statewide process currently exists for the confidential identification, investigation, or dissemination of findings regarding maternal deaths; and

(6) The state has a public health interest in the establishment of a process for review of maternal deaths in order to develop strategies for the prevention of maternal deaths.

39-9602. DEFINITIONS. As used in this chapter:

(1) "Committee" means the maternal mortality review committee established by section 39-9603, Idaho Code.

(2) "Department" means the state department of health and welfare.

(3) "Maternal death" means the death of a woman from any cause during pregnancy or within one (1) year following the end of the pregnancy.

39-9603. ESTABLISHMENT OF MATERNAL MORTALITY REVIEW COMMITTEE. (1) There is hereby established in the department a maternal mortality review committee, which committee shall conduct comprehensive, multidisciplinary reviews of maternal deaths in Idaho for the purposes of identifying factors associated with the deaths and to make policy recommendations to improve health care services for women and reduce the incidence of maternal mortality in the state. The department may enter into a contract with a third party for administrative functions of the committee.

(2) The committee shall consist of at least twelve (12) but no more than fifteen (15) members selected by the department, to include:

(a) Five (5) physicians licensed under chapter 18, title 54, Idaho Code, with one (1) each from the following medical specialties:

(i) Family medicine with a practice that includes maternity care and delivery;

(ii) Obstetrics and gynecology;

(iii) Maternal fetal medicine;

(iv) Family medicine, obstetrics and gynecology, or emergency medicine that includes maternity care and delivery in a rural setting; and

(v) Medical examiner or pathologist or other physician who conducts autopsies;

(b) One (1) advanced practice professional nurse midwife licensed under chapter 14, title 54, Idaho Code;

(c) One (1) registered nurse licensed under chapter 14, title 54, Idaho Code, working in labor and delivery;

(d) One (1) midwife licensed under chapter 55, title 54, Idaho Code;

(e) One (1) coroner;

(f) One (1) master social worker licensed under chapter 32, title 54, Idaho Code;

(g) One (1) emergency medical services provider licensed under chapter 10, title 56, Idaho Code; and

(h) One (1) public health representative with an expertise in maternal and child health.

(3) In selecting committee members, the department shall consider a composition that is reasonably representative of the state's geographic diversity.

(4) The department shall:

(a) Identify maternal death cases;

(b) Obtain and review medical records and other relevant data using best practices for case reviews;

(c) Consult, as appropriate, with relevant experts to evaluate and interpret the records and data;

(d) Consult, as appropriate, with family members and other affected or involved persons to collect additional relevant information;

(e) Convene the committee at least annually and provide committee members with the available information necessary to fully review each case; and

(f) Deliver an annual report of the committee's findings and recommendations to the legislature and make these findings and recommendations available to health care providers, health care facilities, and the general public.

(5) The committee shall:

(a) Review medical records and other data obtained by the department for each case;

(b) Make determinations regarding the preventability of maternal deaths; and

(c) Develop recommendations for the prevention of maternal deaths.

39-9604. PROCEEDINGS, RECORDS, CONFIDENTIALITY, AND IMMUNITY. The purpose of the maternal mortality review committee is to gather data and information concerning maternal mortality, conduct thorough and unbiased critical analyses of the causes of maternal mortality, and recommend possible changes to health care delivery in this state to reduce or eliminate preventable maternal deaths. In order to collect the necessary data and information, to the fullest extent possible, the proceedings of the committee and the statements, records, and information created or made therein or gathered by the committee in furtherance of its duties shall be treated as confidential and privileged, and the committee and all participants shall be afforded all protections provided to other organizations and participants therein conducting peer review or other critical analyses under sections 39-1392a through 39-1392f, Idaho Code, or other provisions of state or federal law. Nothing in this chapter shall affect the privileged and confidential nature of a health care organization's peer review records, activities, or actions.

39-9605. ACCESS TO RECORDS. Upon request of the department, all information relating to the incidence of maternal mortality under review shall be provided by health care providers, providers of social services, health care facilities, law enforcement agencies, coroners, medical examiners, emergency medical service personnel, providers of medical transport services, and any other political subdivision or agency of state government having information relevant to the performance of the committee's duties.

39-9606. RULEMAKING. The department of health and welfare may promulgate rules pursuant to chapter 52, title 67, Idaho Code, necessary to administer this chapter.

SECTION 2. The provisions of Section 1 of this act shall be null, void, and of no force and effect on and after July 1, 2023.


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