States Expand Maternal Health Protections for Incarcerated People
In a National Health Law Program commentary, the organization surveys recent state efforts to improve health services for pregnant, postpartum, and post-pregnancy people who are incarcerated, noting the U.S. has no mandated national standard for this population's care. The piece highlights state legislation such as Oregon's HB 2535 (doula services, anti-shackling protections), New Jersey's Incarcerated Women's Protection Act, Washington's SB 5182, and Virginia's HB860 on lactation policy, as well as substance use disorder safe harbor provisions. It also describes how states including New Mexico, California, and Pennsylvania have used Medicaid Reentry 1115 Demonstration Waivers to extend case management, medication-assisted treatment, and medication access to incarcerated pregnant and postpartum individuals before release. The commentary frames these efforts against GAO findings on data gaps and high U.S. maternal mortality and incarceration rates.