WASHINGTON, D.C. – U.S. Senators Angus King (I-Maine) and Shelley Moore Capito (R-W.V.) have introduced the Cradle Act, bipartisan legislation to improve care for babies born with neonatal abstinence syndrome (NAS) from exposure to opioids during pregnancy.

“When a baby is born with neonatal abstinence syndrome, the focus should be on ensuring that the child receives the highest-quality, most effective care available,” Senator King said. “But too often, federal regulations stand in the way of cutting edge treatment. By allowing CMS to cover a wider variety of care, our legislation will help ensure that babies experiencing withdrawals will have access to a greater range of treatment options that will more effectively put them on track to a happier, healthier life.”

“The increasing number of babies with neonatal abstinence syndrome are the smallest and most vulnerable victims of the drug epidemic. Helping those born addicted through no fault of their own is a critical part of my efforts to help families across America. By improving access to specialized care and creating a supportive environment for treatment, the Cradle Act can make a difference in the lives of babies and mothers battling addiction,” said Senator Capito.

Babies born with NAS increased five-fold from 2000-2012 according to the National Institute on Drug Abuse, and they require specialized care that can result in longer hospital stays and increased costs, up to more than five times the cost of treating other newborns, according to the Government Accounting Office.

Therefore, to meet the specific needs of this vulnerable expanding population, care providers in several states have created residential pediatric recovery centers. These “rehab centers for newborns” are complimentary to hospital care and share many of the aspects of a Newborn Intensive Care Unit, including doctors, nurses and other clinical staff. These centers often work with the newborn’s family to provide counseling, specialized training to care for infants recovering from NAS, and activities designed to encourage mother-infant bonding.

However, while the residential pediatric recovery center model is showing success in providing access to the unique specialized care newborns with NAS require, there is currently no defined path for certification by the Center for Medicare and Medicaid Services. A clear set of rules and guidelines is needed to ensure the best outcomes for those being treated and to encourage the creation of additional centers. An estimated 80 percent of babies treated for NAS are covered by Medicaid, and CMS certification also will help to ensure reimbursement for this specialized treatment by Medicaid and other insurance providers.

To improve care and access to care for babies born addicted to opioids, the Cradle Act directs the Centers for Medicare and Medicaid to establish new guidelines for residential pediatric recovery centers that treat babies with neonatal abstinence syndrome. These guidelines would provide clear requirements for such centers to treat infants under the age of one with the diagnosis of neonatal abstinence syndrome (NAS) without any other significant medical risk factors.  Similar guidelines exist for hospitals, nursing homes, and rehabilitation facilities.

The legislation also recognizes the leading role states have played in this area, including those that have created their own recognition and licensing requirements for residential pediatric recovery centers absent of a path to certification by CMS, by specifically providing that if such a center is licensed is accordance with a prior state law, it would satisfy CMS certification requirements.

Finally, the bill also recognizes the important role residential pediatric recovery centers can play with the newborn’s family and encourages such services be offered. These services include counseling, specialized training to care for infants recovering from NAS, and activities designed to encourage mother-infant bonding.

U.S. Representative Evan Jenkins (R-W.Va.) introduced a companion bill, H.R. 3865, in October 2015.

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