Bills
| 3.23.22

Helping States Coordinate Care for Babies Suffering From Drug or Alcohol Addiction (H.R. 4843)

Do you support or oppose this bill?

What is H.R. 4843?

(Updated December 13, 2018)

This bill seeks to improve state plans to care for infants born affected by substance abuse, withdrawal symptoms or Fetal Alcohol Spectrum Disorder. It would require the Dept. of Health and Human Services (HHS) to distribute information about best practices for taking care of babies that are born under those circumstances.

When states submit plans to improve their child protective services systems in grant applications to HHS, they’d be required certify that it has a statewide child abuse and neglect program which covers the care of babies facing those threats to their health. Each infant in the program would have a personalized “plan of safe care” to ensure their safety and well-being after they’re released from the care of healthcare providers.

States would be required each year to report how many babies were the subject of a “plan of safe care” and whether a referral was made for appropriate services to assist the affected baby or a caregiver.

HHS would be tasked with monitoring the compliance of states that receive grants with relevant current laws and required state policies and procedures regarding the care of affected babies.

Argument in favor

Estimates guess that opioid-dependent babies are born every 19 minutes. That’s a national tragedy. This bill seeks to improve the quality of care those babies receive both at the hospital and once they’ve been released by ensuring that HHS gets states to comply with current child welfare requirements.

Argument opposed

There are existing federal laws on this subject that far too many states aren’t in compliance with. Congress shouldn’t pass this or other legislation related to the care received by babies born suffering from substance abuse — unless it includes harsh punishments for states that don’t comply.

Impact

State health departments that need to take steps toward complying with federal law; potentially state legislatures; and HHS.

Cost of H.R. 4843

The CBO estimates that implementing this bill would cost less than $500,000 per year.

Additional Info

In-Depth: Sponsoring Rep. Lou Barletta (R-PA) introduced this bill to ensure that HHS does a better job of verifying that states are meeting their obligations under current child welfare requirements:

“We see the damage of substance abuse across all segments of our society, but perhaps the most tragic cases involve newborns who enter the world defenseless against the addictions they were born with. It is a sad reality in this country that a baby is born addicted to opioids every 19 minutes. We must do everything we can to safeguard the most vulnerable among us and ensure they will be well protected and cared for.”

This legislation passed the House Education and Workforce Committee on a voice vote, and has the bipartisan support of 21 cosponsors — including 13 Republicans and eight Democrats.


Of Note: According to a report compiled by Reuters, the number of drug-dependent babies born in the U.S. each year grew from 5,000 in 2003 to 27,000 diagnosed cases in 2013 — and on average a drug-dependent baby is born every 19 minutes. It also notes that at least 36 states don’t have laws requiring doctors to report such cases.

That law — the Keeping Children and Families Safe Act — requires doctors to not only treat babies exhibiting such symptoms in the hospital, but also alert child protection authorities so that social workers can check on the newborn’s safety after the child is sent home. Reuters found only nine states plus the District of Columbia that appeared to be fully in compliance with that law.



Media:

Summary by Eric Revell
(Photo Credit: Flickr user Teddy Kwok)