State Studies and HHS Report on Costs of Providing Maternity, Labor, and Delivery Services
Section 6104 · Sec. 6104 ·
What this chapter is about
This part tells every state to study what it costs hospitals to deliver babies. The first study is due 30 months after this law passed, then one every five years. The health agency must report on the results. Money is set aside for small hospitals and for the work itself.
“State (as such term is defined in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act) shall conduct a study on the costs of providing maternity, labor, and delivery services in applicable hospitals (as defined in paragraph (3)) and submit the results of such study to the Secretary of Health and Human Services”
Subsection (a) of section 6104 requires each State to conduct a study on the costs of providing maternity, labor and delivery services in applicable hospitals, and to submit the results to the Secretary of Health and Human Services in the form and manner the Secretary requires. The first study is due no later than 30 months after enactment, and one is due every five years after that.
What the document actually says
“State (as such term is defined in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act) shall conduct a study on the costs of providing maternity, labor, and delivery services in applicable hospitals (as defined in paragraph (3)) and submit the results of such study to the Secretary of Health and Human Services”
That sentence, in plain words
Each state must study what it costs to care for birth at certain hospitals. It must send the results to the health chief.
What this is about
Hospitals in some places have stopped delivering babies. A study of the costs is a step toward knowing why. The first one is due 30 months after this law passed.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
“A State study required under paragraph (1) shall include the following information (to the extent practicable and as further defined by the Secretary) with respect to maternity, labor, and delivery services furnished by applicable hospitals located in the State:”
The study must estimate the cost of these services at applicable hospitals and at hospitals that stopped providing labor and delivery services within the past five years, analyze how geographic location, community demographics and local economic factors affect the cost, set out what hospitals are paid under Medicare parts A and B, the State Medicaid program, the State CHIP plan and private health insurance, compare Medicaid fee-for-service rates with Medicare rates, analyze other payment methods, and evaluate whether each hospital in the State is expected to see significant changes in the next three years.
What the document actually says
“A State study required under paragraph (1) shall include the following information (to the extent practicable and as further defined by the Secretary) with respect to maternity, labor, and delivery services furnished by applicable hospitals located in the State:”
That sentence, in plain words
The study must hold the facts listed here. It covers birth care at certain hospitals in the state. The health chief may say more about what each item means.
What this is about
The list asks two kinds of question. What does the care cost? What do hospitals get paid for it? The gap between the two is the point.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
“The hospital provides labor and delivery services and more than 50 percent of the hospital's births (in the most recent year for which such data is available) are financed by the Medicaid program or CHIP.”
The section defines applicable hospital as any hospital in a State meeting either of two criteria. The first is quoted. The second is a hospital in a rural area, as the Federal Office of Rural Health Policy defines that term, which had fewer than an average of 300 births per year over the most recent two years of data and provides labor and delivery services.
What the document actually says
“The hospital provides labor and delivery services and more than 50 percent of the hospital's births (in the most recent year for which such data is available) are financed by the Medicaid program or CHIP.”
That sentence, in plain words
The hospital delivers babies. More than half of those births are paid for by two public health programs.
What this is about
The other way to qualify is to be a small rural hospital. That means fewer than 300 births a year on average. Both kinds still deliver babies.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Secretary of Health and Human ServicesHow: statuteSec. 6104 in the PDF
What the document says
“There are appropriated to the Secretary for fiscal year 2026, $10,000,000 for the purpose of providing grants and technical assistance to a hospital described in paragraph (3)(B) to enable such hospital to compile detailed information for use in the State studies required under paragraph (1), to remain available until expended.”
Paragraph (4) of subsection (a) appropriates $10,000,000 to the Secretary for fiscal year 2026, to remain available until expended, for grants and technical assistance to rural low volume hospitals so they can compile detailed information for the State studies.
What the document actually says
“There are appropriated to the Secretary for fiscal year 2026, $10,000,000 for the purpose of providing grants and technical assistance to a hospital described in paragraph (3)(B) to enable such hospital to compile detailed information for use in the State studies required under paragraph (1), to remain available until expended.”
That sentence, in plain words
Ten million dollars goes to the health chief for 2026. It pays for grants and help to small rural hospitals so they can gather the facts.
What this is about
A small hospital may not have staff to pull cost data together. Without help it might be left out of the study.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Secretary of Health and Human ServicesHow: statuteSec. 6104 in the PDF
What the document says
“the Secretary shall issue, not later than 18 months after the date on which the State submits to the Secretary the data described in such paragraph, a publicly available report that compiles and details the results of such study and includes the information described in paragraph (2).”
Paragraph (5) of subsection (a) requires the Secretary, for each year in which a State must conduct a study, to issue a publicly available report within 18 months of the State's submission, compiling and detailing the results and including the information the study must contain.
What the document actually says
“the Secretary shall issue, not later than 18 months after the date on which the State submits to the Secretary the data described in such paragraph, a publicly available report that compiles and details the results of such study and includes the information described in paragraph (2).”
That sentence, in plain words
The health chief must put out a report on the results. It is due 18 months after the state sends its data. Anyone can read it.
What this is about
The states send in their own studies. This report pulls them together in one place. The public gets to see it.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Secretary of Health and Human ServicesHow: statuteSec. 6104 in the PDF
What the document says
“Not later than 3 years and 6 months after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available, a report analyzing the first studies conducted by States under subsection (a)(1), including recommendations for improving data collection on the cost of providing maternity, labor, and delivery services.”
Subsection (b) of section 6104 requires the Secretary to submit to Congress, and make public, a report analyzing the first round of State studies within three years and six months of enactment. The report must include recommendations for improving data collection on these costs.
What the document actually says
“Not later than 3 years and 6 months after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available, a report analyzing the first studies conducted by States under subsection (a)(1), including recommendations for improving data collection on the cost of providing maternity, labor, and delivery services.”
That sentence, in plain words
Within three and a half years, the health chief must send Congress a report on the first state studies. It must also be public. It must say how to gather better data.
What this is about
The first round of studies is a test as well as a count. This report says what worked and what did not.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Secretary of Health and Human ServicesHow: statuteSec. 6104 in the PDF
What the document says
“In addition to the amount appropriated under subsection (a)(4), there are appropriated, out of any funds in the Treasury not otherwise obligated, $3,000,000 for fiscal year 2026, to remain available until expended, to the Secretary of Health and Human Services for purposes of implementing this section.”
Subsection (c) of section 6104 appropriates a further $3,000,000 for fiscal year 2026, to remain available until expended, to the Secretary of Health and Human Services to implement the section. That is on top of the $10,000,000 for grants to small hospitals.
What the document actually says
“In addition to the amount appropriated under subsection (a)(4), there are appropriated, out of any funds in the Treasury not otherwise obligated, $3,000,000 for fiscal year 2026, to remain available until expended, to the Secretary of Health and Human Services for purposes of implementing this section.”
That sentence, in plain words
Three million dollars more goes to the health chief for 2026. It pays for the work of this part. It may be held until it is spent.
What this is about
The ten million dollars goes out to hospitals. This three million pays for the agency's own work.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The main things the section does: require each State to conduct and submit the study, set out what the study must contain, define applicable hospital, appropriate grant money for small hospitals, require a public report on each round of State studies, require a report to Congress, and appropriate implementation funding.
The study content requirements one by one. Subparagraphs (A) through (F) are recorded in summary rather than quoted in full.
The section points at the Social Security Act, at Medicare and Medicaid payment rules and at a Code of Federal Regulations section. None is indexed here, so what those provisions say is not recorded on this site.
