Louisiana Revised Statutes 40:2018.5 – Healthy Moms, Healthy Babies Advisory Council creation; legislative findings; composition, purpose, and duties of the council; termination
Terms Used In Louisiana Revised Statutes 40:2018.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
A. The legislature hereby finds and declares that research indicates maternal mortality, severe maternal morbidity, and unexpected outcomes of pregnancy and birth resulting in significant health consequences are rising in the United States; and that these outcomes occur more frequently in Louisiana than in other states.
B.(1) The legislature hereby creates within the Louisiana Department of Health the Healthy Moms, Healthy Babies Advisory Council, referred to hereafter in this Section as the “council”, for the purpose of working with existing state entities focused on maternal death and severe maternal morbidity.
(2) The council shall address racial and ethnic disparities in maternal health outcomes and incorporate a community-engaged, equity-focused lens into current programs and campaigns which seek to prevent maternal mortality and severe maternal morbidity, and shall promote safe and equitable care for every mother and every birth in this state.
(3) The council shall be composed of the following members:
(a) The secretary of the Louisiana Department of Health or his designee.
(b) The assistant secretary of the office of public health of the Louisiana Department of Health or his designee.
(c) The executive director of the office on women’s policy within the office of the governor or his designee.
(d) One member of the House of Representatives appointed by the speaker of the House of Representatives.
(e) One member of the Senate appointed by the president of the Senate.
(f) Two representatives of community-based organizations that work to prevent maternal mortality appointed by the governor.
(g) One representative of the American College of Obstetricians and Gynecologists appointed by the governor.
(h) One representative of the March of Dimes, Louisiana Chapter.
(i) One representative of an organization providing doula services or community-based support services for women giving birth in Louisiana appointed by the governor.
(j) One representative of the Commission on Perinatal Care and Prevention of Infant Mortality appointed by the secretary of the Louisiana Department of Health.
(k) One representative of the Louisiana State Coroners Association appointed by the president of the Senate.
(l) One representative of a community-based organization providing substance abuse counseling appointed by the president of the Senate.
(m) One representative of the Louisiana Hospital Association appointed by the speaker of the House of Representatives.
(n) One representative of a community-based organization advocating against domestic violence appointed by the speaker of the House of Representatives.
(o) Two at-large representatives appointed by the governor.
(4) The council shall elect from among its members a chairperson.
(5) Members of the council shall serve without compensation.
C.(1) The council shall hold quarterly public meetings unless otherwise provided by vote of the council or by order of the chairperson.
(2) The council may establish subcommittees and appoint persons to those bodies, including persons who are not council members, as it deems necessary and appropriate to accomplish its goals.
(3) The Louisiana Department of Health shall provide staff support to the council.
D. The council shall perform all of the following tasks:
(1) Evaluate functions and activities of existing groups focused on maternal mortality in order to collaborate with and engage stakeholders.
(2) Support and contextualize reporting of maternal outcomes data disaggregated by race and ethnicity where possible.
(3) Incorporate an ongoing community advisory process into existing state committees and collaboratives that generate data, recommendations, and proposals for health system changes relevant to maternal mortality and morbidity, prioritizing representation from organizations led by members of affected, historically marginalized communities.
(4) Establish guidelines for specific data components relevant to birth equity to be included in state and agency reports on maternal mortality and morbidity, including a plan for timely dissemination of reports on maternal mortality, morbidity, and related disparities to legislators, healthcare organizations, and other key stakeholders.
(5) Make recommendations on further policy options to ensure that the state establishes ongoing public health monitoring and activated response to eliminate cases of and disparities in maternal mortality and morbidity.
(6) Issue a report of its findings and recommendations to the Commission on Perinatal Care and Prevention of Infant Mortality, the governor, the speaker of the House of Representatives, and the president of the Senate. Subject to the conditions of Subparagraph (7)(b) of this Subsection, the report may include any recommendations for legislation that the council deems necessary and appropriate.
(7)(a) Issue research findings, reports, and recommendations for legislation at the discretion of the council.
(b) The council may issue a recommendation for legislation only if approved by a two-thirds vote of council members present and voting.
E.(1) Notwithstanding any other provision of law to the contrary, the council may request that the Louisiana Department of Health produce or provide data to inform the work of the council. All such data shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding nor shall such records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(2) Nothing in this Subsection shall prohibit the publishing of statistical compilations relating to maternal mortality or morbidity which do not identify individual cases or individual physicians, hospitals, clinics, or other healthcare providers.
F. This Section shall terminate on March 31, 2021.
Acts 2018, No. 497, §2, eff. May 23, 2018.