S3864 1R

An Act concerning maternal health care, supplementing Title 26 of the Revised Statutes and amending P.L.2019, c.75.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the “New Jersey Maternal and Infant Health Innovation Center Act.”

2. (New section) The Legislature finds and declares that:

a. In 2019, New Jersey Governor Philip D. Murphy and First Lady Tammy Snyder Murphy launched Nurture NJ, a Statewide campaign committed to both reducing maternal and infant mortality and morbidity and ensuring equitable ¹access to and provision of¹ care among women and children of all races and ethnicities.

b. At the time, New Jersey was ranked as low as 47th in the United States for maternal deaths and had one of the widest racial disparities for both maternal and infant mortality.

c. Such inequities are particularly evident in our capital city of Trenton, which experiences the highest maternal and infant health disparities among our Black and Hispanic communities. The City of Trenton is among the cities with the highest rates of Black and Hispanic infant mortality; ¹and¹ only 47 percent of mothers in Trenton receive prenatal care in their first trimester.

d. In January 2021, the Nurture NJ Strategic Plan included a recommendation to establish a ¹[Center] center¹ in the State capital, Trenton, that focuses on innovation and research in maternal and infant health through ¹[partnerships] collaboration¹ with the State’s academic, ¹[funder] philanthropic¹ , business, and faith communities in partnership with the New Jersey Economic Development Authority, the Departments of Health, Human Services, and Children and Families, and the Office of the Secretary of Higher Education.

e. In order to create, fund, and sustain such a facility, ¹[and]¹ to ensure that substantial commitments are made to its related activities, ¹and to position New Jersey to acknowledge and act upon the health disparities and harm wrought by racism and other forms of systemic oppression that have created a public health crisis for Black and Hispanic mothers and their babies,¹ it is necessary to create an authority independent of any supervision or control by the principal departments of the Executive Branch of the State Government.

f. The authority will operate a Trenton-based New Jersey Maternal and Infant Health Innovation Center, and will collaborate with other State departments and agencies to advance maternal and infant health care and clinical services throughout the State, and lead the State’s coordination, promotion, and implementation of ¹, among other things,¹ education, policymaking, research, innovation, ¹and¹ perinatal workforce development ¹[and more]¹ , with a particular focus on eliminating racial disparities in maternal and infant health outcomes.

g. The New Jersey Maternal and Infant Health Innovation Center will serve as the first-of-its kind central hub to coordinate among national, State ¹,¹ and local agencies, ¹[and] as well as¹ private organizations ¹,¹ to ¹:¹ promote equitable maternal and infant health care services; ¹[to]¹ implement strategies related to health care and social service delivery, perinatal workforce development, community engagement, data collection, research, and analysis; and ¹[to]¹ serve as an incubator of new enterprises, therapeutics, and technological innovations leading to better health outcomes and reduced mortality and morbidity rates for women and children.

h. The New Jersey Maternal and Infant Health Innovation Center will be at the forefront of serving ¹[the]¹ maternal and infant health care needs, not only ¹[of the] for¹ families ¹[and] residing in¹ the City of Trenton, but also ¹[of] for families throughout¹ the State of New Jersey and the nation, and will enable collaborative partnerships for research and knowledge transfer within the global maternal and infant health ¹[community] communities¹ .

3. (New section) As used in this act:

“Authority” means the New Jersey Maternal and Infant Health Innovation Authority established pursuant to ¹section 4 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill).

“Board” means the board of the New Jersey Maternal and Infant Health Innovation Authority established pursuant to ¹section 5 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill).

“Center” means the ¹[New Jersey Maternal and Infant Health Innovation Center for] premises located in the City of Trenton used by¹ the authority ¹[of this act] pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill)¹ .

¹“Community advisory committee” means the community advisory committee established pursuant to section 8 of P.L. ,

c. (C. ) (pending before the Legislature as this bill). The provisions of this subsection shall be carried out in accordance with the “State Agency Transfer Act,” P.L.1971, c.375 (C.52:14D-1 et seq.) ¹,¹ and ¹the transfer of oversight over the NJMCQC¹ shall include ¹transfer of¹ all files, books, papers, records, equipment, and other property or resources held by the NJMCQC, including, ¹[without limitation] but not limited to¹ , any State funds that have been appropriated to the Department of Health for the exclusive use of the NJMCQC, which shall be deposited in accounts as may be permitted or required by law ¹[; and

b. oversee the design and implementation of programs and services that advance the State’s maternal and infant health outcomes, address racial disparities for maternal and infant mortality rates, ensure equitable care, and fill gaps in access to care, including, but not limited to, health care and social service delivery, research and innovation, perinatal workforce development, education and public awareness, and other initiatives undertaken by the authority]¹ .

5. (New section) a. The authority shall be governed by a board consisting of ¹[the following]¹ 15 members ¹[, including seven ex-officio members and eight public members, who shall be appointed by the Governor no later than the 120th day after the effective day of P.L. , c. (C. ) (pending before the Legislature as this bill)]¹ as follows:

(1) ¹[five] the Commissioner of Health, the Chief Executive Officer of the New Jersey Economic Development Authority, the Commissioner of Human Services, the Commissioner of Banking and Insurance, the Commissioner of Children and Families, the Secretary of Higher Education, and the Commissioner of Labor, or their designees, who shall serve ex officio; and

(2) eight¹ public members to be appointed by the Governor ¹[, two of which shall be selected by the Governor to serve as the chair and vice-chair of the community advisory committee set forth in P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) one public member to be appointed by the Governor upon the recommendation of the Mayor of Trenton;

(3) one public member appointed by the Governor upon the recommendation of the Senate President;

(4) one public member appointed by the Governor upon the recommendation of the Speaker of the General Assembly;

(5) the Commissioner of Health, ex officio;

(6) the Chief Executive Officer of the New Jersey Economic Development Authority, ex officio;

(7) the Commissioner of Human Services, ex officio;

(8) the Commissioner of Banking and Insurance, ex officio;

(9) the Commissioner of Children and Families, ex officio;

(10) the Secretary of Higher Education, ex officio; and

(11) the Commissioner of Labor, ex officio] as follows:

(a) one public member appointed upon the recommendation of the Mayor of Trenton;

(b) one public member appointed upon the recommendation of the Senate President in consultation with the New Jersey Black, Latino, and Asian-American Legislative Caucuses;

(c) one public member appointed upon the recommendation of the Speaker of the General Assembly in consultation with the New Jersey Black, Latino, and Asian-American Legislative Caucuses;

(d) five additional public members. Subject to the requirements of subsection d. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Governor shall select one of the public members appointed pursuant to this subparagraph to serve as the chairperson of the community advisory committee established pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) and one of the public members appointed pursuant to this subparagraph to serve as the vice-chairperson of the community advisory committee¹ .

b. ¹[Each ex officio member of the authority may designate an officer or employee of the member’s department to represent the member at meetings of the authority, and each such designee may lawfully vote and otherwise act on behalf of the member for whom the person constitutes the designee. Any such designation shall be in writing delivered to the authority and shall continue in effect until revoked or amended by writing delivered to the authority.

c. A] In appointing public members to the board, the Governor shall seek to ensure that, to the extent possible, a¹ majority of the ¹[board’s]¹ public members ¹[shall]¹ have relevant experience in one or more of the following areas related to maternal, infant ¹,¹ and childhood health care ¹, with the goal of ensuring the board includes representative experience in as many of these areas as is possible¹ : obstetrics ¹[,] ;¹ neonatal care ¹[,] ;¹ perinatal clinical services ¹[,] ;¹ family planning ¹[,] ;¹ perinatal workforce development ¹[,] ;¹ education ¹[,] ;¹ research and innovation ¹[,] ;¹ community health work ¹[,] ;¹ social services ¹[,] ;¹ public health awareness ¹[,] ;¹ leadership ¹[,] ; doula care; midwifery care;¹ and other relevant experience ¹, including lived experience,¹ related to racial disparities affecting delivery of health care services ¹[,]¹ and mortality and morbidity rates. ¹[The public members shall have relevant experience in different areas.

d. In the selection of] In addition, when appointing¹ public members ¹to the board¹ , ¹[a strong effort shall be made to solicit] the Governor shall seek to appoint¹ women and minorities ¹[as candidates for appointment to the board] who have been most acutely impacted by maternal and infant health disparities, with a particular focus on Black and Latina women and on women residing in Trenton¹ , ¹[including] and with additional focus on Black and Latina¹ women who have given birth within the last three years.

¹[e. The terms of the public members of the board shall be for] c. The public members initially appointed to the board shall be appointed no later than 120 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The public members shall serve for a term of¹ five years or until their successors are appointed, except that ¹,¹ of the ¹[appointments first made to the board] of the public members first appointed to the board¹ , two shall serve for one year, three shall serve for two years, and three shall serve for five years. ¹[The successors to the initially appointed members shall each be appointed for a term of five years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Except for the two board members appointed to serve as chair and vice-chair of the community advisory committee, the board members] Vacancies in the public membership shall be filled for the duration of the unexpired term. Public members shall be eligible for reappointment to the board. The public members of the board shall receive an annual salary of $20,000. The ex officio members of the board and their designees, if any,¹ shall serve without compensation but shall be reimbursed for ¹[necessary] reasonable¹ expenses incurred in the performance of their ¹official¹ duties, within the limits of funds appropriated or otherwise made available to the ¹[Authority for its purposes] authority for this purpose. The public members appointed to serve as chairperson and vice-chairperson of the community advisory committee pursuant to subparagraph (d) of paragraph (2) of subsection a. of this section shall be entitled to receive the stipend authorized pursuant to subsection e. of section 8 of P.L. ,

c. (C. ) (pending before the Legislature as this bill) for ¹[purposes] the purpose¹ of receiving guidance and feedback related to the purposes of the authority and this act.

¹[k.] i.¹ The board shall have the ¹[following powers] power to¹ :

(1) ¹[To]¹ engage with, collaborate, and coordinate efforts among maternal and infant health care stakeholders ¹,¹ including, but not limited to, State and federal agencies ¹[,]¹ and public and private organizations ¹,¹ to advance the purposes of the authority and any of its programs and services ¹[;] ,¹ foster collective action ¹[;] ,¹ and review progress on improving health outcomes;

(2) ¹[To]¹ promote, support, and fund perinatal workforce development, trainings, certifications, education, research, and innovation efforts, including ¹,¹ but not limited to ¹,¹ issuing requests for proposals or requests for qualifications for projects that advance the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); providing grants or extending credit, including, but not limited to, loans, to private companies, private and public organizations, or individuals for projects that advance the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); entering into agreements and contracts; and establishing a workforce hub to host research, trainings, and guidance;

(3) ¹[To]¹ commission, publish, and collaborate on research studies within the State, ¹[country] national¹ , and ¹[in the global] international¹ maternal and infant health ¹[community] communities¹ ;

(4) ¹[To]¹ collect, analyze, and disseminate data related to maternal and infant health, in collaboration with the New Jersey Maternal Data Center ¹[at] in¹ the Department of Health, with a particular focus ¹[upon] on¹ racial disparities in outcomes, perinatal workforce needs, and development of resources;

(5) ¹[To]¹ provide grants or competition prizes and host an innovation incubation space to encourage the development of solutions to problems facing the maternal and infant health care services industry;

(6) ¹[To]¹ enter into ¹the¹ membership ¹[in] of¹ other organizations or coalitions;

(7) ¹[To]¹ oversee the community advisory committee established pursuant to ¹section 8 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill) and to establish and oversee any other committees ¹, which may include, but shall not be limited to, an executive committee or a nominating committee,¹ as ¹[may be deemed] the board deems¹ necessary;

(8) ¹[To]¹ adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business, including, but not limited to, protections against undue influence or quid pro quo transactions relating to the receipt of contributions from private sources;

(9) ¹[To]¹ adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) ¹,¹ to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);

(10) ¹[To]¹ adopt and have a seal and alter the same at its pleasure;

(11) ¹[To]¹ sue and be sued;

(12) ¹[To]¹ conduct meetings and public hearings in connection with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill);

(13) ¹[To]¹ enter into contracts upon those terms and conditions as the authority determines to be reasonable to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill);

(14) ¹[To] hire staff as necessary to support the authority’s operations;

(15)¹ employ consultants, contractors and specialists in the perinatal workforce development, education, research, and innovation, and other fields as may be required in the judgment of the board to effectuate the purposes of ¹[this act] P.L. ,

c. (C. ) (pending before the Legislature as this bill)¹ , and to fix and pay their compensation from funds available therefor, all without regard to the provisions of Title 11A of the New Jersey Statutes;

¹[(15) To] (16)¹ contract for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality ¹,¹ or political subdivision thereof, or from any beneficiary of a State or federal grant, or from any other public or private source, including private companies and individuals, and to comply with the terms and conditions thereof;

¹[(16) To] (17)¹ solicit contributions from public and private entities for any of its corporate purposes;

¹[(17) To] (18)¹ maintain an office located in the City of Trenton for the ¹[Center of the authority] operations of the center¹ , and any other satellite offices at such ¹[place or]¹ places within the State as the board may designate;

¹[(18) To] (19)¹ acquire, purchase, develop, manage and operate, ¹[hand old] handle,¹ and dispose of real and personal property or interests therein, ¹[to]¹ acquire an equity interest in any corporation, and take assignments of rentals and leases and make and enter into all contracts, leases, agreements and arrangements necessary or incidental to the performance of its duties, including, but not limited to, the leasing of premises to tenants within the ¹[center including, but not limited to, ] center’s offices to¹ licensed health care facilities and providers that offer maternal, infant and pediatric health care services, childbirth education, ¹lactation education and support services,¹ parenting and early childhood education institutions, county colleges, independent New Jersey-based public-mission institutions that receive State operating aid, food and nutrition consultants and support programs, family planning services, ¹[and]¹ behavioral health and other social service providers ¹, and such other entities as the board deems appropriate¹ ;

¹[(19) To] (20)¹ procure insurance against any losses in connection with its property, operations ¹,¹ or assets in such amounts and from such insurers as it deems desirable;

¹[(20) To] (21)¹ enter into any agreements necessary to provide for its establishment, operation, and financial support, including memoranda of understanding with other State entities;

¹[(21) To create] (22) establish or assume control over¹ a nonprofit entity as ¹[set forth in] authorized under section 9 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill); and

¹[(22) To] (23)¹ do any and all things necessary or convenient to carry out its purposes and exercise the powers granted in ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)¹ .

6. (New section) ¹[The] a. The authority shall employ a¹ president and chief executive officer ¹, who¹ shall be responsible for the selection of properly qualified staff of the authority, without regard to the provisions of Title 11A of the New Jersey Statutes. ¹[A strong effort shall be made] In selecting staff for the authority, the president and chief executive officer shall seek¹ to recruit women and minorities to serve as the authority’s staff. Staff members shall receive compensation and be appointed and employed as provided by the president and chief executive officer, without regard to the provisions of Title 11A of the New Jersey Statutes. The president and chief executive officer and all staff members of the center ¹and of the authority¹ shall be deemed confidential employees for the purposes of the “New Jersey Employer-Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.).

¹b. The president and chief executive officer of the authority shall be an individual selected by a majority vote of the members of the board; except that the Governor shall select the initial president and chief executive officer of the authority. The president and chief executive officer shall receive an annual salary as provided by the board. The board shall have the authority to consider, investigate, and evaluate any and all matters or issues relevant to the performance of the president and chief executive officer.¹

7. (New section) a. ¹[All] Except as provided in subsection b. of this section, all¹ purchases, contracts, or agreements made pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be made or awarded directly by the authority ¹[, only]¹ after public advertisement for bids ¹[therefor] , which shall be submitted¹ in the manner provided by the authority ¹[and] ,¹ notwithstanding the provisions of any other ¹[laws] law¹ to the contrary.

b. ¹[Any] A¹ purchase, contract, or agreement may be made, negotiated, or awarded by the authority without public bid or advertising under the following circumstances:

(1) When the aggregate amount involved does not exceed the amount set forth in, or the amount calculated by the Governor pursuant to, section 2 of P.L.1954, c.48 (C.52:34-7), unless other State law sets forth a lower bid threshold in a particular case, in which case the lower threshold shall apply. The authority may not divide a contract into multiple proposed contracts in order to take advantage of this exception and shall, if invoking this exception, certify that it has not done so and ¹[must]¹ maintain a record of that certification;

(2) In cases of unforeseen life, safety, or health emergencies where the public exigency requires that services or products be purchased immediately;

(3) To acquire subject matter which is described in section 4 of P.L.1954, c.48 (C.52:34-9);

(4) To make a purchase or award or make a contract or agreement under the circumstances described in section 5 of P.L.1954, c.48 (C.52:34-10);

(5) When the contract to be entered into is for the furnishing or ¹[performing] performance¹ of services of a professional or technical nature, including legal services, provided that the contract shall be made or awarded directly by the authority;

(6) Where a firm has brought an innovative idea to the authority, a request for proposals cannot be constructed without communicating the new idea, and the procurement would not benefit from a competitive selection process;

(7) When the authority has advertised for bids and has received no bids in response to its advertisement, or received no responsive bids. Any purchase, contract, or agreement may then be negotiated and may be awarded to any contractor or supplier determined to be responsible, as "responsible" is defined in section 2 of P.L.1971, c.198 (C.40A:11-2), provided that the terms, conditions, restrictions, and specifications set forth in the negotiated contract or agreement are not substantially different from those which were the subject of competitive bidding; and

(8) When a purchase is to be made through or by the Director of the Division of Purchase and Property ¹in the Department of the Treasury¹ pursuant to section 1 of P.L.1959, c.40 (C.52:27B-56.1).

8. (New section) a. The board shall coordinate with a community advisory committee to support and inform the work of the authority. The community advisory committee shall consist of 11 members ¹[and shall be comprised of representatives of] representing¹ diverse community groups with relevant experience as ¹[either]¹ providers ¹[or recipients]¹ of maternal, infant ¹,¹ and childhood health care services ¹or as recipients of maternal health care services, with a preference for individuals who received maternal health care services within the past three years¹ .

b. The members of the community advisory committee shall be appointed by the Governor ¹, who shall consider any recommended candidates presented by the board. The board may solicit applications for candidates to the advisory committee in order to inform its recommendations to the Governor¹. ¹[The term of the committee] Committee¹ members shall ¹[be] serve¹ for ¹a term of¹ three years, except that ¹,¹ of the ¹[appointments first made] committee members first appointed¹ to the committee, five shall serve for ¹a term of¹ one year and six shall serve for ¹a term of¹ two years. The successors to the initially appointed members shall each be appointed for a term of three years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. ¹The members of the community advisory committee shall be eligible for reappointment to the committee.¹

c. The ¹[chair and vice-chair] chairperson and vice-chairperson¹ of the community advisory committee shall be ¹annually¹ selected ¹by the Governor¹ from among the ¹public members of the¹ board ¹[of the Authority by the Governor]¹ pursuant to ¹subparagraph (d) of paragraph (2) of subsection a. of section 5 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill). The ¹[chair] chairperson¹ shall coordinate the activities of the community advisory committee. In the event that the ¹[chair] chairperson¹ position is vacant ¹or the chairperson is absent from a meeting of the community advisory committee¹ , the ¹[vice-chair] vice-chairperson¹ shall act as ¹[chair] chairperson¹ of the committee ¹[until the chair position is no longer vacant]¹ .

d. Four members of the community advisory committee, including either the ¹[chair or vice-chair] chairperson or vice-chairperson¹ of the community advisory committee, shall be residents of the City of Trenton with ¹[backgrounds] background¹ as either a mother with personal experience in receiving perinatal services in Trenton or ¹as¹ a community stakeholder. The remaining members of the community advisory committee shall be residents of municipalities in different geographic regions of the State with the highest rates of Black and Hispanic infant mortality, and shall have backgrounds as ¹[a mother] mothers¹ with personal experience in receiving perinatal services or ¹[a] as¹ community ¹[stakeholder] stakeholders.¹

e. The committee members shall receive an annual stipend of $20,000, to be paid in increments as determined by the board.

9. (New section) a. To effectuate any of its authorized purposes ¹,¹ either directly or indirectly, ¹and¹ in addition to any powers granted to it elsewhere in this act, the ¹[board] authority¹ shall ¹[have the authority] be authorized¹ to form or assume control of one or more nonprofit entities, in the manner and for the purposes set forth in this section.

¹[b.]¹ A nonprofit entity ¹established pursuant to this section¹ may be ¹[formed] established¹ pursuant to the ¹provisions of the¹ "New Jersey Nonprofit Corporation Act," N.J.S.15A:1-1 et seq.

¹[c. The] b. A¹ nonprofit entity ¹established or over which control is assumed pursuant to this section¹ shall have the power to:

(1) conduct fundraising activities to solicit funding from public and private organizations to be used in support of maternal and infant health services, social services, perinatal workforce development, education, research, and innovation in the State; and

(2) establish, sponsor, and operate membership, including the ability to generate revenue from members ¹[;] of the nonprofit entity.¹

¹[d.] c.¹ The ¹[authority] board¹ and any nonprofit entities created or ¹over which control is¹ assumed by the ¹[authority] board pursuant to this section¹ may enter into any agreements necessary to provide for the establishment, operation, and financial support of the authority and each nonprofit entity.

¹[e. The] d. A¹ nonprofit ¹[entities] entity established or over which control is assumed pursuant to this section¹ may be organized and operated in such a manner as to be eligible under applicable federal law for tax-exempt status and for the receipt of tax-deductible contributions ¹[, and] .

e. A nonprofit entity established or over which control is assumed pursuant to this section¹ shall be authorized to sue and to be sued as a legal entity separate from the State of New Jersey.

f. No member or employee of ¹[the] a¹ nonprofit ¹established or over which control is assumed pursuant to this section¹ shall engage in any ¹for profit¹ business transaction or professional activity ¹[for profit]¹ with the authority.

g. All funds received by a nonprofit entity formed ¹or over which control is assumed¹ pursuant to this section, other than those necessary to pay for the expenses of the nonprofit ¹entity¹ , shall be used exclusively for the support of the authority.

10. (New section) a. The authority ¹[is] established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be¹ entitled to call to its assistance, and avail itself of, the services of employees of any State, county ¹,¹ or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes. All departments, ¹boards, bureaus, commissions, and¹ agencies ¹[, and divisions]¹ are authorized and directed, to the extent not inconsistent with law, to cooperate with the authority.

b. Notwithstanding the provisions of any State law, rule, or regulation to the contrary, the authority may direct State ¹departments, boards, bureaus, commissions, and¹ agencies ¹[or authorities]¹ to report any data collected or maintained by such ¹[agency] entity¹ related to maternal and infant health care, social determinants of health, clinical services, and any other information that may advance the purposes of the authority, as deemed necessary by the authority, and such data shall be provided by the reporting ¹[agency or authority] entity¹ on an annual basis, or at such times as otherwise requested by the authority. Nothing in this section shall require the disclosure of information when such disclosure would violate any provision of federal law, rule, or regulation.

c. Except as provided in subsection d. of this section, the information required pursuant to subsection b. of this section shall be provided by the reporting ¹[agency or authority] entity¹ in such manner as may be necessary to protect against the disclosure of any confidential or personal identifying information of any individual.

d. In the event the authority requests that a reporting ¹[agency] entity¹ provide data that includes any confidential or personal identifying information of any individual, such data shall be kept confidential by the authority consistent with any applicable State and federal law, rule, or regulation.

11. Section 1 of P.L.2019, c.75 (C.26:6C-1) is amended to read as follows:

1. The Legislature finds and declares that:

a. Most nations across the globe have successfully reduced their maternal mortality rates over the past two and a half decades, in response to a United Nations' call to action; however, the U.S. is one of only a handful of countries where maternal mortality rates have continued to rise (increasing by 27 ¹[%] percent¹ between 2000 and 2014);

b. The U.S. is currently ranked 50th in the world in maternal mortality, with a rate of maternal death that is nearly three times the rate that exists in the United Kingdom, and about six times the rate that exists in the Netherlands, Norway, and Sweden;

c. In New Jersey, there is currently a Maternal Mortality Case Review Team that operates out of the Department of Health (DOH), and ¹[which]¹ periodically reviews and provides statistics on maternal deaths occurring in the State;

d. A document produced by Every Mother Counts shows that New Jersey is ranked 46th of the 50 states in total maternal mortality, with a rate of 37.3 maternal deaths per every 100,000 live births ¹,¹ and ¹that¹ African-American women in New Jersey are five times more likely than ¹[their white counterparts] Caucasian women¹ to die from pregnancy-related complications;

e. ¹[While] Although¹ the DOH Maternal Mortality Case Review Team produces important statistical data, the team is not permanently established by statute, does not meet regularly, produces only periodic reports on maternal mortality, and uses varying datasets in those periodic reports, making the aggregation and comparison of data by interested parties more difficult;

f. There is a need to coordinate and expand the multiple, fractionalized maternal mortality and morbidity reduction efforts being conducted by caring and committed individuals and organizations across the State. Further, it is essential to house these myriad efforts in the ¹[Department of Health] DOH¹ , the State-designated agency responsible for public health protection and services. The DOH can uniquely leverage the weight and power of the State to effectuate critical changes in the delivery of care and the implementation of Statewide strategies to reduce maternal mortality and morbidity and to eliminate the racial and ethnic disparities in maternal outcomes;

g. To coordinate and support a Statewide strategy to reduce maternal morbidity and mortality, the State ¹[should establish] hereby establishes¹ a New Jersey Maternal Care Quality Collaborative (NJMCQC);

h. To improve data collection and to improve and assist quality improvement efforts by health care facilities and the State, a Maternal Data Center ¹[should be] is hereby¹ established within the Healthcare Quality and Informatics Unit in the DOH;

i. ¹[United States Senate Bill No. 1112, introduced in the 115th Congress, would establish a federal grant program to assist states in establishing and sustaining state-level maternal mortality review committees; however, a state will only be eligible to obtain a grant under this bill if the state's maternal mortality review committee satisfies certain specific requirements, as articulated in S.1112] (deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)¹ ; and

j. In order to ensure that the entity reviewing maternal deaths in the State may operate permanently and sustainably, with full statutory authority, in adherence to certain specified powers and responsibilities ¹[, and in a manner that would enable the State to obtain federal grant funds under S.1112 or other similar federal legislation]¹ , it is both reasonable and necessary for the Legislature to replace the existing informal DOH Maternal Mortality Case Review Team with a statutorily-established Maternal Mortality Review Committee, ¹[situated in the Department of Health and overseen by the [NJMCQC] Department of Health,]¹ which committee will incorporate the membership of the current Maternal Mortality Case Review Team, but will have formal statutory authority, broader powers, and specific goals and directives, as necessary to ensure that it is able to continuously engage in the comprehensive, regular, and uniform review and reporting of maternal deaths throughout the State.

(cf: P.L.2019, c.75, s.1)

¹12. Section 2 of P.L.2019, c.75 (C.26:6C-2) is amended to read as follows:

2. As used in [this act] P.L.2019, c.75 (C.26:6C-1 et al.):

“Authority” means the New Jersey Maternal and Infant Health Innovation Authority established pursuant to section 4 of P.L. ,

c. (C. ) (pending before the Legislature as this bill).

“Board” means the board of the New Jersey Maternal and Infant Health Innovation Authority established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Committee" means the Maternal Mortality Review Committee, established pursuant to section 4 of [this act] P.L.2019, c.75 (C.26:6C-4), which is responsible for annually reviewing and reporting on maternal death rates and the causes of maternal death in the State, and which is further responsible for providing recommendations to improve maternal care and reduce adverse maternal outcomes.

"Department" means the Department of Health.

"Maternal death" means a pregnancy-associated death.

"Maternal Mortality Case Review Team" means the interdisciplinary team of experts that is operating in the Department of Health as of the effective date of this act, and which is being replaced by the committee established pursuant to this act.

"NJMCQC" means the New Jersey Maternal Care Quality Collaborative, established pursuant to section 3 of P.L.2019, c.75 (C.26:6C-3).

"Pregnancy-associated death" means the death of a woman, which occurs while the woman is pregnant, or during the one-year period following the date of the end of the pregnancy, irrespective of the cause of death.

"Pregnancy-related death" means the death of a woman, which occurs while the woman is pregnant, or during the one-year period following the date of the end of the pregnancy, regardless of the duration of the pregnancy, and which results from any cause related to, or aggravated by, the pregnancy or its management, but excluding any accidental or incidental cause.

“Regional Health Hub” means an entity designated as a Regional Health Hub as provided in P.L.2019, c.517 (C.30:4D-8.16 et seq.).

"Report of maternal death" means a report of a suspected maternal death, which is filed with the department, pursuant to the processes established under subsection a. of section 7 of [this act] P.L.2019, c.75 (C.26:6C-7), and which is to be forwarded to the committee for the purposes of investigation, as provided by subsection b. of that section.

"Severe maternal morbidity" means the physical and psychological conditions that result from, or are aggravated by, pregnancy, and which have an adverse effect on the health of a woman.

"State registrar" means the State registrar of vital statistics, who is responsible for supervising the registration of, and maintaining, death records in the State, in accordance with the provisions of R.S.26:8-1 et seq.¹

(cf: P.L.2019, c.75, s.2)

¹[12.] 13.¹ Section 3 of P.L.2019, c.75 (C.26:6C-3) is amended to read as follows:

3. a. There is hereby established in ¹, but not of,¹ the Department of Health ¹,¹ the New Jersey Maternal Care Quality Collaborative (NJMCQC) ¹[in] . Until the conditions set forth in subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) are met, the NJMCQC shall work with the Governor’s office to coordinate all efforts and strategies to reduce maternal mortality, mobility, and racial and ethnic disparities in the State. At such time as the conditions set forth in subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) are met, the NJMCQC shall reorganize under¹ the authority ¹[that] , and¹ shall work [with the Governor's office] under the supervision and oversight of the board ¹[, as]¹ established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) ¹[,]¹ to coordinate [all] efforts and strategies to reduce maternal mortality, morbidity, and racial and ethnic disparities in the State [, including supervision and oversight of the Maternal Mortality Review Committee] ¹[at the direction of the board] , including supervision and oversight of the Maternal Mortality Review Committee¹ .

b. The NJMCQC shall work collaboratively with current organizations that are developing and implementing maternal mortality and morbidity reduction strategies, including the New Jersey Hospital Association's Perinatal Quality Care Collaborative.

c. The NJMCQC shall be composed of [34] ¹[38] 39¹ members, including [nine] eight ex-officio members and [25] ¹[30] 31¹ public members appointed by the Governor.

(1) The ex officio members shall include the following persons or their designees:

[the Commissioner of Health;

the Commissioner of Human Services;

the Commissioner of Banking and Insurance;

the Commissioner of Children and Families;]

the Deputy Commissioner of Health Systems in the Department of Health;

the Deputy Commissioner of Public Health Services in the Department of Health;

the Director of the Office of Minority and Multicultural Health in the Department of Health;

the Director of the Division of Medical Assistance and Health Services in the Department of Human Services; [and]

the Assistant Commissioner of Health and Life Insurance Plans in the Department of Banking and Insurance;

the Director of the Division of Consumer Affairs in the Department of Law and Public Safety;

the Director of the New Jersey Maternal Data Center in the Department of Health; and

the president and chief executive officer of the authority, who shall serve as ¹[chair] chairperson¹ of the NJMCQC.

(2) The public members appointed by the Governor shall include members representing each of the following groups:

the New Jersey Hospital Association;

the New Jersey Health Care Quality Institute;

the Catholic HealthCare Partnership of New Jersey;

the Hospital Alliance of New Jersey;

the Fair Share Hospitals Collaborative;

the New Jersey section of the American College of Obstetricians and Gynecologists;

the New Jersey Affiliate of the American College of Nurse Midwives;

the New Jersey Medical Society;

¹[three] two¹ medical directors of health plans in the State, as recommended to the commissioner by the President of the New Jersey Association of Health Plans;

the New Jersey Section of the Association of Women's Health Obstetric and Neonatal Nurses;

the New Jersey Chapter of the American College of Emergency Physicians;

a New Jersey affiliate of Planned Parenthood [of New Jersey];

the New Jersey Association of Osteopathic Physicians and Surgeons;

the New Jersey Primary Care Association;

the Partnership for Maternal and Child Health of Northern New Jersey;

the Central Jersey Family Health Consortium;

the Southern New Jersey Perinatal Cooperative;

each of the [three Accountable Care Organizations established pursuant to P.L.2011, c.114] four existing Regional Health Hubs or any successor organization to that [Accountable Care Organization] Regional Health Hub;

¹the Perinatal Health Equity Initiative;¹ and

[three] ¹[seven] eight¹ additional public members appointed on the recommendation of the [Commissioner of Health] Governor, ¹including:¹ one ¹member¹ who is engaged in maternal health advocacy; one ¹member¹ who is engaged in health equity advocacy; one ¹member¹ who has personal experience in receiving perinatal services in one of the ¹[ten] 10¹ New Jersey municipalities with the highest infant mortality rates ¹in the State¹ ; one ¹member¹ who has expertise in maternal or infant health workforce development ¹or graduate health education¹ ; one ¹member¹ who has expertise in¹[graduate health education] behavioral health¹ ; one ¹[with] member who has¹ expertise in providing doula ¹[or] services; one member who expertise in providing¹ lactation services ¹as an international board certified lactation consultant¹ ; and one ¹member¹ who is engaged in healthcare consumer advocacy.

d. The public members of the NJMCQC shall serve without compensation and shall each serve for a term of three years. Each public member shall serve for the term of appointment and shall serve until a successor is appointed and qualified, except that a public member may be reappointed to the NJMCQC upon the expiration of ¹[their] the member’s¹ term. Any vacancy in the membership shall be filled, for the unexpired term, in the same manner as the original appointment.

e. The board, in consultation with the NJMCQC ¹,¹ shall adopt and implement the strategic plan for the State of New Jersey to reduce maternal mortality, morbidity ¹,¹ and racial and ethnic disparities. The NJMCQC shall meet quarterly to [coordinate] develop recommendations to submit to the board for review and approval, which recommendations shall include, but shall not be limited to, proposed activities that forward the strategic plan, [strategize] strategies on future activities, [solicit] funding opportunities, [focus on translating] action items based on the data generated and collected by[,] the Maternal Data Center, the Healthcare Quality and Informatics Unit, the Maternal Mortality Review Committee, the Department of Health, and its partners [into action items], and strategies to communicate goals and achievement of these goals with stakeholders.

f. The board, in consultation with the NJMCQC ¹,¹ shall:

(1) [Employ an Executive Director, a Program Manager, and any other personnel as authorized by the Commissioner of Health. The Department of Health shall provide such administrative staff support to the NJMCQC as shall be necessary for the NJMCQC to carry out its duties. The director shall be appointed by the commissioner and shall serve at the pleasure of the commissioner during the commissioner's term of office and until the appointment and qualification of the director's successor;] (deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(2)] ¹(2)¹ Apply for and accept any grant of money from the federal government, private foundations or other sources, which may be available for programs related to maternal mortality, morbidity ¹,¹ and racial and ethnic disparities;

[(3) Serve as the designated State entity for receipt of] ¹[(2)] (3)¹ Coordinate with the Department of Health to receive federal funds specifically designated for programs concerning maternal mortality, morbidity ¹,¹ and racial and ethnic disparities;

[(4)] ¹[(3)] (4)¹ Enter into contracts with individuals, organizations, and institutions necessary for the performance of its duties under P.L.2019, c.75 (C.26:2C-1 et al.); and

[(5) Work with the Center for Healthcare Quality and Informatics to develop and publicize statistical information on maternal mortality, morbidity and racial and ethnic disparities and information as provided for pursuant to P.L.2018, c.82

(C.26:2H-5j)] ¹[(4)] (5)¹ Establish and coordinate among subcommittees as necessary to achieve the purposes of the NJMCQC.

¹g.¹ [g. The NJMCQC is entitled to call to its assistance, and avail itself of, the services of employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes. All departments, agencies and divisions are authorized and directed, to the extent not inconsistent with law, to cooperate with the NJMCQC.] ¹(deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)¹

(cf: P.L.2019, c.75, s.3)

¹[13.] 14.¹ Section 12 of P.L.2019, c.75 (C.26:6C-12) is amended to read as follows:

12. a. (1) On an annual basis, and using the death records that have been filed during the preceding year, the Maternal Mortality Review Committee shall work collaboratively with the Maternal Data Center in the Healthcare Quality and Informatics Unit[,] and [NJMCQC's] the Department of Health’s Maternal Health epidemiologists and other staff to identify: (a) the total number of maternal deaths that have occurred in the State during the year, and during each quarter of the year; (b) the average Statewide rate of maternal death occurring during the year; (c) the number and percentage of maternal deaths that occurred during the year in each of the Northern, Central, and Southern regions of the State; (d) the number and percentage of maternal deaths, on a Statewide and regional basis, that constituted pregnancy-associated deaths, and the number and percentage of maternal deaths, on a Statewide and regional basis, that constituted pregnancy-related deaths; (e) the areas of the State where the rates of maternal death are significantly higher than the Statewide average; and (f) the rate of racial disparities in maternal deaths occurring on a Statewide and regional basis.

(2) The results of the annual analysis that is conducted pursuant to this subsection shall be posted at a publicly accessible location on the Internet website of the Department of Health, and shall also be promptly forwarded to the New Jersey Maternal and Infant Health Innovation Authority and the NJMCQC.

b. In order to accomplish its duties under this section, the Maternal Mortality Review Committee shall:

(1) for the purposes of determining the total number of pregnancy-associated deaths, review each woman's death record, and match the death record with a certificate of live birth, or with a fetal or infant death record, for the woman's child, in order to confirm whether the woman died during pregnancy, or within one year after the end of pregnancy; and

(2) for the purposes of determining the total number of pregnancy-related deaths, review each woman's death record, and identify each such death record in which the death is reported to have resulted from an underlying or contributing cause related to pregnancy, regardless of the amount of time that has passed between the end of the pregnancy and the death.

The Maternal Mortality Review Committee may also use any other appropriate means or methods to identify maternal deaths. Such means or methods may include, but need not be limited to, use of the case ascertainment system devised by the federal Centers for Disease Control and Prevention.

(cf: P.L.2019, c.75, s.12)

¹[14.] 15.¹ Section 14 of P.L.2019, c.75 (C.26:6C-13) is amended to read as follows:

14. a. The Department of Health shall establish a Maternal Data Center in the Healthcare Quality and Informatics Unit that shall develop protocols and requirements for the submission of maternal mortality, morbidity and racial and ethnic disparity data indicators; collect this information from relevant health care facilities in the State; conduct rapid-cycle data analytics; develop reports and a public facing dashboard; and disseminate the information collected to the NJMCQC, the Maternal Mortality Review Committee, participating health care facilities, and other stakeholders as identified by the [NJMCQC] Department of Health. Each participating facility shall have full access to data reported to the Maternal Data Center, provided that any data accessible to participating facilities shall be de-identified, and further provided that nothing in this subsection shall authorize the disclosure of any confidential or personal identifying information for any patient.

b. The Maternal Data Center shall employ a director, three research scientists ¹[;] ,¹ a technical assistant ¹[;] ,¹ and other staff as necessary to implement the requirements ¹[pursuant to] set forth in¹ subsection a. of this section.

(cf: P.L.2019, c.75, s.14)

¹[15. a.] 16.¹ (New section) ¹[The] No later than one year after the members of the board are appointed and the board first organizes, and annually thereafter, the¹ authority shall ¹prepare and submit a¹ report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature ¹[on or before one year after the members of the board are appointed and the board first organizes, and annually thereafter. Each] , which¹ report shall set forth a complete operating and financial statement covering the operations of the authority ¹[.

b. Within one year after the members of the board are appointed and the board first organizes, and annually thereafter, the authority shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on] , provide details on¹ programs, services ¹,¹ and initiatives established by the authority, and ¹assess¹ the contribution of those programs, services ¹,¹ and initiatives to the advancement of the State’s maternal and infant health outcomes.

¹[16.] 17.¹ (New section) a. Notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board, ¹[after] in¹ consultation with the ¹[Department of the Treasury] State Treasurer¹ , Commissioner of Health, and Chief Executive Officer of the Economic Development Authority, shall, immediately upon filing proper notice with the Office of Administrative Law, adopt rules and regulations ¹[prepared by the board]¹ necessary ¹[or proper]¹ to enable ¹[it] the board¹ to carry out ¹[the board’s] its¹ duties, functions, and powers ¹pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill)¹ .

b. The initial rules and regulations adopted pursuant to ¹subsection a. of¹ this ¹section¹ shall be in effect for a period not to exceed one year after the date of filing with the Office of Administrative Law. ¹[These] Thereafter, the¹ rules and regulations shall ¹[thereafter]¹ be adopted, amended, or readopted, and any subsequent rules and regulations ¹shall be¹ adopted, amended, or readopted, by the board in accordance with the requirements of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), ¹[after] in¹ consultation with ¹the State Treasurer, the Commissioner of Health, and the Chief Executive Officer of the Economic Development Authority¹ , and ¹[any] such¹ other departments, ¹agencies, and authorities¹ as the board deems appropriate.

¹[17.] 18.¹ (New section) a. The authority shall establish and maintain a special ¹,¹ nonlapsing fund to be known as ¹[New] the “New¹ Jersey Maternal and Infant Health Innovation Authority ¹[Fund] Fund”¹ . The fund shall be operated in a manner determined by the board. The authority may deposit into the fund ¹[such moneys] :¹ (1) ¹such monies¹ as shall be appropriated by the State for the purpose of the fund; (2) ¹such monies¹ as shall be received by the authority from the repayment of loans or other extensions of credit made pursuant to this act; and (3) any other ¹[moneys] monies¹ or funds of the authority ¹[which it determines to deposit therein]¹ .

b. All funds received by the authority, other than those necessary to pay the expenses of the authority, shall be used to advance the purposes of the ¹[Authority] authority¹ .

¹[18.] 19.¹ (New section) There is hereby appropriated from the General Fund to the New Jersey Maternal and Infant Health Innovation Authority Fund ¹established pursuant to section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹ the sum of $23,220,000 to cover operational, administrative, and other expenses of the authority, ¹[with] of which sum¹ at least $3,220,000 ¹[of which]¹ shall be allocated for ¹the¹ implementation of ¹[the] this¹ act, startup costs, staff, ¹board member salaries,¹ and stipend compensation.

¹[19.] 20.¹ This act shall take effect immediately.