[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4717 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4717

 To include pregnancy and loss of pregnancy as qualifying life events 
under the TRICARE program and to require a study on maternal health in 
          the military health system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

 Mr. Rubio (for himself and Mr. Risch) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To include pregnancy and loss of pregnancy as qualifying life events 
under the TRICARE program and to require a study on maternal health in 
          the military health system, and for other purposes.

    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 ``Military Moms Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered beneficiary; dependent; tricare program.--The 
        terms ``covered beneficiary'', ``dependent'', and ``TRICARE 
        program'' have the meanings given those terms in section 1072 
        of title 10, United States Code.
            (2) Maternal health.--The term ``maternal health'' means 
        care during labor, birthing, prenatal care, and postpartum 
        care.
            (3) Maternity care desert.--The term ``maternity care 
        desert'' means a county in the United States that does not 
        have--
                    (A) a hospital or birth center offering obstetric 
                care; or
                    (B) an obstetric provider.
            (4) Prenatal care.--The term ``prenatal care'' means 
        medical care provided to maintain and improve fetal and 
        maternal health during pregnancy.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.

SEC. 3. MODIFICATION OF QUALIFYING LIFE EVENTS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall--
            (1) update the list of qualifying life events under the 
        TRICARE program to include pregnancy and loss of pregnancy; and
            (2) issue guidance to covered beneficiaries describing the 
        documentation required to make enrollment changes under the 
        TRICARE program due to such qualifying life events, such as 
        written confirmation from a medical provider confirming a 
        pregnancy or loss of pregnancy.
    (b) Prohibition.--This section shall not apply to a covered 
beneficiary who seeks to claim an abortion as a qualifying life event.
    (c) Definitions.--In this section:
            (1) Abortion.--The term ``abortion'' means the use or 
        prescription of any instrument, medicine, drug, or other 
        substance or device to intentionally--
                    (A) kill the unborn child of a woman known to be 
                pregnant; or
                    (B) prematurely terminate the pregnancy of a woman 
                known to be pregnant, with an intention other than to--
                            (i) increase the probability of a live 
                        birth or preserve the life or health of the 
                        child after a live birth;
                            (ii) remove a dead unborn child; or
                            (iii) treat an ectopic pregnancy.
            (2) Loss of pregnancy.--The term ``loss of pregnancy'' 
        means miscarriage or stillbirth.

SEC. 4. REPORT ON ACCESS TO MATERNAL HEALTH CARE WITHIN THE MILITARY 
              HEALTH SYSTEM.

    (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Armed Services and the Committee on Appropriations of the Senate and 
the Committee on Armed Services and the Committee on Appropriations of 
the House of Representatives a report on access to maternal health care 
within the military health system for covered beneficiaries during the 
preceding two-year period.
    (b) Contents.--The report required under subsection (a) shall 
include the following:
            (1) With respect to military medical treatment facilities, 
        the following:
                    (A) An analysis of the availability of maternal 
                health care for covered beneficiaries who access the 
                military health system through such facilities.
                    (B) An identification of staffing shortages in 
                positions relating to maternal health and childbirth, 
                including obstetrician-gynecologists, certified nurse 
                midwives, and labor and delivery nurses.
                    (C) A description of specific challenges faced by 
                covered beneficiaries in accessing maternal health care 
                at such facilities.
                    (D) An analysis of the timeliness of access to 
                maternal health care, including wait times for and 
                travel times to appointments.
                    (E) A description of how such facilities track 
                patient satisfaction with maternal health services.
                    (F) A process to establish continuity of prenatal 
                care and postpartum care for covered beneficiaries who 
                experience a permanent change of station during a 
                pregnancy.
                    (G) An identification of barriers with regard to 
                continuity of prenatal care and postpartum care during 
                permanent changes of station.
                    (H) A description of military-specific health 
                challenges impacting covered beneficiaries who receive 
                maternal health care at military medical treatment 
                facilities, and a description of how the Department 
                tracks such challenges.
                    (I) For the 10-year period preceding the date of 
                the submission of the report, the amount of funds 
                annually expended--
                            (i) by the Department of Defense on 
                        maternal health care; and
                            (ii) by covered beneficiaries on out-of-
                        pocket costs associated with maternal health 
                        care.
                    (J) An identification of each medical facility of 
                the Department of Defense located in a maternity care 
                desert.
                    (K) Recommendations and legislative proposals--
                            (i) to address staffing shortages that 
                        impact the positions described in subparagraph 
                        (B);
                            (ii) to improve the delivery and 
                        availability of maternal health services 
                        through military medical treatment facilities 
                        and improve patient experience; and
                            (iii) to improve continuity of prenatal 
                        care and postpartum care for covered 
                        beneficiaries during a permanent change of 
                        station.
            (2) With respect to providers within the TRICARE program 
        network that are not located at or affiliated with a military 
        medical treatment facility, the following:
                    (A) An analysis of the availability of maternal 
                health care for covered beneficiaries who access the 
                military health system through such providers.
                    (B) An identification of staffing shortages for 
                such providers in positions relating to maternal health 
                and childbirth, including obstetrician-gynecologists, 
                certified nurse midwives, and labor and delivery 
                nurses.
                    (C) A description of specific challenges faced by 
                covered beneficiaries in accessing maternal health care 
                from such providers.
                    (D) An analysis of the timeliness of access to 
                maternal health care, including wait times for and 
                travel times to appointments.
                    (E) A description of how such providers track 
                patient satisfaction with maternal health services.
                    (F) A process to establish continuity of prenatal 
                care and postpartum care for covered beneficiaries who 
                experience a permanent change of station during a 
                pregnancy.
                    (G) An identification of barriers with regard to 
                continuity of prenatal care and postpartum care during 
                permanent changes of station.
                    (H) The number of dependents who choose to access 
                maternal health care through such providers.
                    (I) For the 10-year period preceding the date of 
                the submission of the report, the amount of funds 
                annually expended--
                            (i) by the Department of Defense on 
                        maternal health care; and
                            (ii) by covered beneficiaries on out-of-
                        pocket costs associated with maternal health 
                        care.
                    (J) Recommendations and legislative proposals--
                            (i) to address staffing shortages that 
                        impact the positions described in subparagraph 
                        (B);
                            (ii) to improve the delivery and 
                        availability of maternal health services 
                        through the TRICARE program and improve patient 
                        experience;
                            (iii) to improve continuity of prenatal 
                        care and postpartum care for covered 
                        beneficiaries during a permanent change of 
                        station; and
                            (iv) to improve the ability of contractors 
                        under the TRICARE program to build a larger 
                        network of providers for maternal health, 
                        including obstetrician-gynecologists, certified 
                        nurse midwives, and labor and delivery nurses.

SEC. 5. UPDATES TO MILITARY ONESOURCE PROGRAM.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall publish on a publicly 
available website of the Military OneSource program of the Department 
of Defense a dedicated webpage that includes a comprehensive guide of 
resources available to covered beneficiaries, including--
            (1) a list of maternal health services that are available 
        to covered beneficiaries under the TRICARE program and at 
        military medical treatment facilities;
            (2) information on mental health counseling, pregnancy 
        counseling, and other prepartum and postpartum services, 
        including what services are reportable or non-reportable for 
        members of the Armed Forces;
            (3) information on prenatal development, including 
        anticipated prenatal appointments and available care for 
        covered beneficiaries during prenatal development;
            (4) information on--
                    (A) organizations that provide services and other 
                resources to assist covered beneficiaries with maternal 
                health needs and pregnancy support services located at, 
                or in vicinity of, military installations; and
                    (B) Federal, State, and local maternal health care 
                resources that are either covered by the TRICARE 
                program or could otherwise be made available to a 
                covered beneficiary;
            (5) information on resources to assist covered 
        beneficiaries who are pregnant with anticipated changes and 
        health challenges that result from pregnancy, including 
        information on anticipated postnatal appointments, available 
        postnatal care for covered beneficiaries, and post-birth 
        instructions specific to covered beneficiaries;
            (6) information on financial assistance available to 
        covered beneficiaries to support pregnancy needs;
            (7) a best practice guide for smooth continuity of 
        pregnancy care during a permanent change of station; and
            (8) information specific to pregnant members of the Armed 
        Forces, including leave options and regulations, career field 
        specific information and restrictions, physical fitness 
        requirements, and uniform resources and requirements.
    (b) Limitations.--The guide required by subsection (a) may not 
include information, references, or resources on abortion.
    (c) Training.--The Secretary shall provide training to military and 
family life counselors available through the Military OneSource program 
on addressing the non-medical needs of covered beneficiaries who are 
pregnant.
    (d) Notification of Pregnancy.--The Secretary shall notify the head 
of the Military OneSource program when a covered beneficiary makes the 
Secretary aware of a pregnancy.
    (e) Plan.--Not later than 540 days after the date of the enactment 
of this Act, the Secretary shall develop and submit to Congress a plan 
for the Secretary to disseminate to beneficiaries of the Military 
OneSource program the guide required by subsection (a).
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