HOUSE DOCKET, NO. 1958 FILED ON: 2/16/2021 HOUSE ...... No. 2371

The Commonwealth of Massachusetts ______

PRESENTED BY:

Liz Miranda and Brandy Fluker Oakley ______

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to conducting fetal and infant mortality review. ______

PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED: Liz Miranda 5th Suffolk 2/16/2021 Brandy Fluker Oakley 12th Suffolk 2/17/2021 Lindsay N. Sabadosa 1st Hampshire 2/18/2021 Christina A. Minicucci 14th Essex 2/24/2021 Sheila C. Harrington 1st Middlesex 2/24/2021 11th Middlesex 2/24/2021 Tram T. Nguyen 18th Essex 2/25/2021 Edward R. Philips 8th Norfolk 2/26/2021 Christine P. Barber 34th Middlesex 2/26/2021 Natalie M. Blais 1st Franklin 2/26/2021 Nika C. Elugardo 15th Suffolk 2/26/2021 11th Worcester 3/2/2021 Elizabeth A. Malia 11th Suffolk 3/15/2021 23rd Middlesex 3/19/2021 Adrian C. Madaro 1st Suffolk 4/12/2021 Carole A. Fiola 6th Bristol 5/5/2021 7th Middlesex 5/25/2021 Danillo A. Sena 37th Middlesex 5/27/2021

1 of 2 Tami L. Gouveia 14th Middlesex 7/6/2021 Marcos A. Devers 16th Essex 9/10/2021

2 of 2 HOUSE DOCKET, NO. 1958 FILED ON: 2/16/2021 HOUSE ...... No. 2371 By Representatives Miranda of and Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 2371) of Liz Miranda, Brandy Fluker Oakley and others for legislation to authorize the department of Public Health to conduct fetal and infant mortality reviews. Public Health.

[SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 1971 OF 2019-2020.]

The Commonwealth of Massachusetts

______In the One Hundred and Ninety-Second General Court (2021-2022) ______

An Act relative to conducting fetal and infant mortality review.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

1 SECTION 1. Chapter 38 of the general laws is hereby amended by inserting after section

2 2A the following section: --

3 Section 2B. As used in this section, the term below shall have the following meaning: -

4 “Authorized local health agency”, shall mean a health board, department, or other

5 governmental entity that is authorized by the department of public health to receive timely data

6 relative to fetal and infant deaths for assessing, planning, improving and monitoring the service

7 systems and community resources that support child and maternal health.

8 “Fetal death” , shall have the same meaning as appears in section 202 of chapter 111.

1 of 2 9 The department of public health shall establish a process for designating authorized local

10 health agencies. This process may include reasonable criteria regarding the level of expertise,

11 workforce capacity, or organizational capacity. Authorized local health agencies shall be

12 authorized to conduct in-depth fetal infant mortality review of each individual infant and fetal

13 death occurring within their jurisdiction, in order to identify local factors associated with fetal

14 and infant deaths and inform public health policy programs.

15 For each case of fetal or infant death to be reviewed, authorized local health agencies are

16 hereby authorized to collect relevant data from a variety of sources, which may include physician

17 and hospital records in addition to relevant community program records. Authorized local health

18 agencies are authorized to collect, and the department is authorized to provide, timely access to

19 vital records and other data reasonably necessary for fetal and infant mortality review.

20 The department may issue additional guidance through policy or regulation, consistent

21 with this section, regarding the process for conducting fetal infant mortality reviews by

22 authorized local health agencies, which may include guidance from the National Fetal and Infant

23 Mortality Review Program.

24 All data and records created or maintained pursuant to this section shall be confidential,

25 and shall not be subject to public records nor subject to subpoena or civil processes nor

26 admissible in evidence in connection with any judicial, executive, legislative or other

27 proceeding.

2 of 2