2024 State Maternal Mental Health Legislation Report

This report was updated on November 27, 2024 to account for OH resolution H.C.R16.

Introduction 

In recent years, there has been increased awareness of maternal mental health policy at both the Federal and state levels. While the Federal government can take some action, because healthcare policy is largely left to the states, it’s critical that state legislatures understand the gaps and opportunities in their states and the evidence-based state policy solutions. The Policy Center has developed a mechanism to track and report key state indicators through our annual state report cards and model legislation to address opportunities to improve maternal mental healthcare. 

This second annual state legislative report tracks the legislative actions states took in 2024 including states that introduced legislation, states that passed legislation including a summary of this legislation, and an assessment of alignment with our model legislation and our interpretation of the law’s likely impact.  

Methods

Beginning in April 2024, the Policy Center for Maternal Mental Health (“Policy Center”) utilized the Quorum platform to identify active state maternal mental health legislation using the following keywords: “postpartum depression,” “maternal depression,” “perinatal depression,” “perinatal mood and anxiety disorders,” “perinatal anxiety,” “postpartum anxiety,” and “maternal mental health.” The Policy Center staff used thematic analysis to review and categorize legislation using the following categories consistent with 2023.

• Access to Care
• Awareness: Maternal Health
• Awareness: Mental Health
• Department of Corrections
• Funding for MMH Programs
• Insurance Coverage
• Insurer Requirements
• Measurement
• MMH Task Force
• Other
• Patient Education
• Provider Education
• Screening

The  “Measurement”, “Patient Education”, and “Access to Care” categories were added in 2024.

Findings

Legislation Introduced

Seventy-three (73) bills, including resolutions, were introduced in 21 states in 2024, compared to 107 in 16 states in 2023.

Again in 2024, the categories with the highest number of bills were “maternal mental health awareness” and “screening”. There were 11 bills that covered multiple categories. See Table 1 below.

Table 1: States that Introduced MMH Legislation in 2024

CATEGORY	STATES
Access to Care	KY
Awareness: Maternal Health	CA, DE, GA, HI, KY, NC, NY, PA, VA
Awareness: Maternal Mental Health	CA, DE, GA, HI, KY, NJ, NY, LA, OH, PA, VA, WV
Department of Corrections	WI, MA
Funding for MMH Programs	KY, MA, NJ, NY, NC
Insurance Coverage	FL, KY, LA
Insurance Requirements	AZ, CA, GA, IL, LA, MA, MN
Measurement	KY, MA, VA
MMH Task Force	KY, VA
Other	AZ, GA, HI, KY, NJ, NY
Patient Education	PA
Provider Education	CA, FL, KY, NJ, WV
Screening	CA, GA, IL, LA, MA, MI, MN, MS, NJ, NY PA

Legislation Enacted

Of the 21 states that introduced legislation, ten passed or enacted legislation: California, Delaware, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, Ohio, Pennsylvania, and Virginia. See Table 2 below. 

Of these ten states, only four states passed laws that were substantive in nature and aligned with our model legislation in some way: California, Illinois, Louisiana, and Kentucky.

Note that New Jersey has a two-year legislative session, and though five bills were introduced in 2024, they will be carried over to 2025.

Table 2: States that passed MMH Legislation in 2024

CATEGORY	STATES
Access to Care	KY
Awareness: Maternal Health	CA, DE, GA, NY, VA
Awareness: Maternal Mental Health	CA, DE, KY, LA, NY, OH, PA
Funding for MMH Programs	KY, MA
Insurance Coverage	IL, MA
Insurance Requirements	LA
Measurement	CA
MMH Task Force	KY
Other	DE
Patient Education	PA
Provider Education	CA, KY
Screening	CA, IL, MA

The following are summaries of the state laws which were enacted as of November 2024.

California

AB-1936 (Screening, Measurement): Amends current law to require health care service plans and health insurers to modify their maternal mental health plans to cover 1) at least one maternal mental health screening during pregnancy; 2) one additional screening during the first 6 weeks of the postpartum period; and 3) if medically necessary, additional postpartum screenings. It also requires insurers/plans to implement quality measures to encourage screening, diagnosis, treatment, and referral.

A.B. 2581 (Provider Education): Requires the Board of Registered Nursing and the Board of Behavioral Sciences (which licenses LCSWs, LMFTs, LEPs, and LPCCs) to consider including a course in maternal mental health in their continuing education courses.

A.B.2270 (Provider Education): Requires various provider licensing boards to consider including continuing education courses in menopause and maternal mental health.

Delaware

S.B. 106/S.S. 1 (Other): Expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing language of “perinatal mood and anxiety disorder”.

Illinois 

H.B. 5395 (Insurance Coverage): General Healthcare Protection Act: This legislation bans prior authorization for crisis mental health care and improves network adequacy, eliminating step therapy. Access to coverage for postpartum mental health care will be impacted by these changes. 

S.B 0647 (Screening, Patient Education, Insurance Requirements): Amend the Mental Health and Developmental Disabilities Administrative Act to align with current screening requirements, requiring licensed prenatal care providers to provide patients with education about maternal mental health conditions and to screen for maternal mental health conditions at prenatal, postpartum, and pediatric visits. 

Kentucky 

S.B. 74 (Access to Care, MMH Task Force, Provider Education):  Establishes the Kentucky Maternal Psychiatry Access Program, also known as the Kentucky Lifeline for Moms, aimed at assisting healthcare practitioners in addressing the mental health needs of mothers; and 2) developing and providing information on perinatal mental health disorders, and; 3) establishing the Kentucky Maternal and Infant Health Collaborative to address maternal mental health, among other things.

Louisiana 

S.B. 148 (Insurance Requirements): A prescribing provider of a prescription drug for the treatment of postpartum depression (PPD), can request an override of an insurance company’s fail-first/step-therapy requirement, and the health insurance company must expedite and approve the step-therapy override request if there is no other PPD-specific FDA-approved drug to prescribe the step-therapy requirement.

Massachusetts

H.4999: (Screening. Funding for MMH Programs, Insurance Coverage): Requires among other things insurance coverage for postpartum depression screenings for anyone who becomes a parent or lost a pregnancy. It also establishes a task force on maternal health access and a new grant program for non-profits or community-based health centers addressing mental health conditions, behavioral health conditions, or substance use disorders for perinatal individuals. 

Pennsylvania 

H.B 2127 (Patient Education): Requires information relating to perinatal or postpartum mood and anxiety disorders to be provided to pregnant patients and provides for powers and duties of the Department of Health. This includes information about available resources and screening options. 

Vetoed Maternal Mental Health Bills 

Virginia

HB781 (Measurement, Task Force): Reestablishes the Task Force on Maternal Health Data and Quality Measures that concluded on December 1, 2023. The Task Force is required to monitor progress and evaluate all data from state-level stakeholders, including third-party payers, and all available electronic claims data, and monitor progress and evaluate all data from existing state-level sources mandated for maternal care, including new Healthcare Effectiveness Data and Information Set (HEDIS) Prenatal and Postpartum Depression Screening and Follow-up measure updates. 

Though Governor Glenn Youngkin vetoed the legislation, he is re-establishing the Task Force through Executive Order 32. The Task Force will likely require plans to report the HEDIS maternal depression screening measures. 

Passed Maternal Mental Health Resolutions 

Fourteen awareness resolutions were passed across seven states in 2024. The following are summaries of these resolutions. 

California

S.R.72 (Awareness – Maternal Mental Health): Recognizing the month of May 2024 as Maternal and Mental Health Awareness Month in California. 

A.C.R. 122 (Awareness – Maternal Health):  Recognized January 23, 2024 as Maternal Health Awareness Day to draw attention to the efforts that have improved maternal health in California and to highlight the need for continued improvement of maternal health, including maternal mental health, for all women.

Delaware

S.C.R 195 (Awareness – Maternal Mental Health): Proclaiming the month of October 2024 as Depression Awareness Month in the state of Delaware. This resolution specifically highlights “postpartum depression” as a form of depression in the text. 

S.C.R 148 (Awareness – Maternal Mental Health): Recognized May 1, 2024 as Maternal Mental Health Awareness Day in the state of Delaware.

H.C.R 79 (Awareness – Maternal Health): Recognized January 23, 2024 as Maternal Health Awareness Day in the state of Delaware. 

Georgia

H.R. 908 (Awareness – Maternal Health): Recognized January 23, 2024 as Maternal Health Awareness Day in the state of Georgia. 

Kentucky

S.R. 87 (Awareness – Maternal Mental Health): Recognized January 23, 2024 as Maternal Mental Health Awareness Day.

Louisiana 

H.R. 188/S.R. 75 (Awareness – Maternal Mental Health): Designated May 1, 2024 as Maternal Mental Health Awareness Day in Louisiana

New York 

K.2150 (Awareness – Maternal Mental Health): Proclaims May 2024 as Maternal Depression Awareness Month in the State of New York

K. 2109 (Awareness – Maternal Mental Health): Proclaims May 2024 as Maternal Mental Health Awareness Month in the State of New York.

K.2048 (Awareness – Maternal Health): Proclaims April 29-May 5, 2024 as Maternal Health Awareness Week in the State of New York.

J. 1681 (Awareness – Maternal Health): Proclaimed January 23, 2024 as Maternal Health Awareness Day in the State of New York.

J. 1548 (Awareness – Maternal Health): Proclaimed March 22, 2024 as Doula Day in the State of New York.

Ohio 

H.C.R16: (Awareness – Maternal Mental Health): Recognizes the importance of perinatal mental health and a coordinated approach to address pressing challenges and drive change to support improved maternal and birth outcomes.

Virginia 

S.J. 23 / H.J. 44: (Awareness – Maternal Health): Designates Black Maternal Health Week April 11-17, 2024 and each succeeding year thereafter. Highlights that maternal mental health has been listed by the CDC as a leading underlying cause of pregnancy-related death, but even with growing concern about improving access to mental health services, Black birthing people are least likely to have access to mental health screenings, treatment, and support before, during, and after pregnancy. 

Active State Maternal Mental Health Bills 

Of those 21 states, New Jersey has a two-year session which will continue in 2025. Following are the bill summaries of its current MMH bills:

New Jersey

A1564 (Funding): Adds postpartum depression services to the state’s behavioral health crisis services system.

A1700 (Screening/Provider Education): Requires physicians, nurse midwives, and other licensed health care professionals to 1) provide prenatal patients with complete information about perinatal anxiety; and 2) screen prenatal patients for perinatal anxiety at least once during each trimester of pregnancy. 

A.3887/S.912 (Awareness—Maternal Mental Health): Expands the requirements of health care providers when ensuring the development of personalized postpartum care plans. This includes incorporating ACOG Guidelines and expanding the requirements to include patients who experience stillbirth and pregnancy loss.

A.4193/S.3094 (Screening): Requires physicians, nurse midwives, and other licensed health care professionals providing prenatal care to offer and provide upon request a prenatal depression screening to pregnant patients with a history of depression.

S.72 (Provider Education): Directs the Department of Health to develop a standardized perinatal health curriculum for training community health workers. The legislation specifically addresses the need for the health curriculum to cover perinatal mood disorders among other leading causes of maternal mortality. 

Discussion

Though a substantial number of states introduced legislation addressing maternal mental health, only a few states have passed substantive legislation in 2024, which we define as aligning with model legislation. Those states’ bills are summarized in Table 3 below.

Table 3: 2024 State Maternal Mental Health Laws Deemed Substantive

STATE	BILL NUMBER	SCREENING MANDATES	OB REIMBURSEMENT	HEDIS REPORTING	INSURER NETWORK ADEQUACY	MMH TASK FORCE	OTHER
IL	S.B.064	X
KY	S.B. 74						X
CA	AB 1936			X
LA	S.B. 148						X

Analysis

Only four states enacted legislation that we believe is substantive at this time: 

California AB 1936 

This bill builds on AB 2193, which, among other things, required insurers and health plans to develop maternal mental health programs. It requires insurers/plans to cover screenings at a specific frequency and implement screening monitoring/measurement. 

Policy Center Analysis: Commercial insurers are already required to cover routine (preventive) screenings for patients at $0 dollars through the ACA, and CA Medicaid (MediCal) already covers screening. MediCal already requires plans to collect and report screening data using the perinatal depression HEDIS screening and follow-up measures. This bill fulfills a model legislation requirement in that it addresses measurement or screening monitoring, for all plans/payors, including commercial insurers. We believe the HEDIS perinatal depression measures should be adopted by commercial plans to comply with this law, and that the state’s Department of Insurance/Department of Managed Health Care should require reporting, including how plans are addressing low screening and follow-up rates among network providers. Health plans should consider quality improvement interventions such as payment for screening and follow-up outside of obstetric maternity care bundled payment rates.

Illinois S.B. 0647 

Mandates prenatal providers screen for maternal mental health disorders.

Policy Center Analysis: A screening mandate is one step that states have taken to address the provision of care. However, our research has illustrated that a screening mandate alone is not enough to improve screening rates. The Illinois legislature should consider modifying the law to require insurers to measure screening rates and implement quality improvement programs.

Kentucky S.B. 74  

Establishes the Kentucky Maternal Psychiatry Access Program, also known as the Kentucky Lifeline for Moms, to provide reproductive psychiatry consultation to Ob/Gyns and other providers treating the perinatal population.

Policy Center Analysis: This is the first state law enacted to establish a Maternal Psychiatry Access Program. Statutorily creating such a program will ensure that the state prioritizes this program with ample funding, among other things. The state could consider a commercial insurer tax based on the number of perinatal members it serves. Further, the legislature could also require reporting of screening rates and utilization of the psychiatric access program. Additionally, it could require insurers to develop quality improvement programs to monitor this data to promote appropriate screening and treatment among its network obstetric providers providing perinatal care. 

Louisiana S.B. 148  

Requires insurers to streamline the prior-authorization process when the prescriber requests an expedited override process and eliminate the step-therapy requirement if/when there is no other FDA-approved PPD drug for a patient to try first.

Policy Center Analysis: This law aligns with our model legislation, which restricts the use of step-therapy as a prior authorization requirement for FDA-approved MMH treatments, given that they can cause undue delay to this medically necessary treatment.

The Policy Center, Ongoing Pulse on State Policy

The Policy Center will continue to promote evidence-based policy to improve maternal mental health outcomes. As a data-driven think tank, we reassess and update our model state legislation each year to support state policymakers in implementing effective policy, providing direct support as needed. 

See our model legislation here. 

We also support state agencies and nonprofits leading maternal mental health policy advocacy through our Government Agency Policy Fellows and Nonprofit State Policy Fellows programs. 

See summaries of all passed legislation by state and what states have current live legislation here. 

If you are aware of a maternal mental health law that we missed, please drop us a line at [email protected].