News from Missouri Midwife Supporters
CONTACT: Mary Ueland (417) 543-4258, grassroots@friendsofmomidwives.org
FOR IMMEDIATE RELEASE: Thursday, February 28, 2008
Midwife supporters and Attorney General's Office appeal to Missouri Supreme Court to uphold Midwife Law
Compelling case made that legalizing midwives was natural fit for health insurance bill
(Jefferson City, MO) Today, the Missouri Supreme Court heard arguments to reconsider the permanent injunction by a lower court on the state's new midwife law. Attorneys for Friends of Missouri Midwives (FOMM) and the state argued that opponents of midwives lack standing because this law will affect nothing more than their economic interests.
Attorneys for the Missouri State Medical Association tried to argue that access to Certified Professional Midwives' care is in no way related to increasing public access to health services through increasing health insurance coverage.
Mary Ueland, Grassroots Coordinator for Friends of Missouri Midwives, strongly disagrees. "When we legalize professional midwives, we increase public access to health services, which was the original purpose of this bill. The midwife provision is consistent with the bill's title and purpose."
The Attorney General's office also emphasized that legalizing practitioners is critical in affecting insurance, as insurance companies do not have the option of covering services as long as those health care providers are considered felons by the state.
A study done in Washington state last October and submitted to the Court highlights the economic costs and benefits of the practice of licensed midwifery upon the health care system, including public and private insurance. Using conservative cost estimates, the study estimates cost savings to public and private insurance at $2.7 million for the state, close to ten times the cost of the midwifery licensure program.
Attorney Eric Keifer and his wife Jennifer were among the midwife advocates attending the oral argument before the Missouri Supreme Court. "When we chose to have our last two children at home in Chesterfield [Mo.], it was because our research showed that it was in the best interest of our children. Having come from another state, we were shocked to find that it would be impossible for our insurance to cover our home births, as Missouri deemed the excellent services of our midwife to be a felony."
President of Friends of Missouri Midwives, Laurel Smith, says efforts to thwart the new midwife law obscures the larger agenda of organized doctor groups. "They fear that legalizing midwives will negatively impact their financial bottom lines, and they actively work to strike down Missouri families' health care freedoms."
Smith says that based on the fairly well-stated position of the Court that they do not make the laws, and that the Missouri Legislature does, that she believes the Court will respect the Missouri Legislature's actions and uphold the Midwife Law. A decision from the Court is expected within the next month or two.
The new Missouri Midwife law was supposed to take effect Aug. 28, 2007, but the Missouri State Medical Association (MSMA) organized a well-financed challenge to the new law and was granted a temporary restraining order on July 3. Then on Aug. 8, Circuit Court Judge Patricia Joyce, disallowed the Certified Professional Midwives provision contained within HB818 regarding portability and accessibility of health insurance.
A coalition of state and national midwife supporters, midwives and home birth families, led by Friends of Missouri Midwives (FOMM) mobilized for the appeals process, and submitted a motion to file an amicus curiae (friend of the court) brief, submitted by:
The amicus brief submitted by the coalition supports the lifting of the midwives law injunction and makes the case that increasing access to trained and qualified Certified Professional Midwives (CPMs) and out-of-hospital birth is beneficial to Missouri citizens. In seeking to provide such access, Missouri is following the wisdom of a growing number of states recognizing the benefit of authorizing CPMs, who provide safe and high quality care, to practice.
Missouri is part of The Big Push for Midwives Campaign, a nationally coordinated campaign to advocate for regulation and licensure of Certified Professional Midwives (CPMs) in all 50 states, the District of Columbia and Puerto Rico, and to push back against the attempts of the American Medical Association Scope of Practice Partnership to deny American families access to legal midwifery care.
The Certified Professional Midwifery defendants and midwifery supporters who are listed on the appeal to the Missouri Supreme Court include:
Friends of Missouri Midwives (FoMM). A nonprofit organization representing the interests of Missouri families who choose to have safe, alternative, out-of-hospital childbirth options. FoMM was created to support, promote and protect the rights of Missouri families to make choices about how, where, and with whom their babies will be born and to promote access to the midwifery model of care. Contact: Laurel Smith 636-209-1033.
Kelly and Dallion Rehm and Eric and Jessica Kerr. Two families expecting babies to be born after August 28th, the day the new law is to take effect. They were planning home births with legal, well trained CPM's. If the new law is struck down, they will have to choose between breaking the law, birthing at home without a trained attendant or the expense and interventions of a hospital birth.Contact: Kelly & Dallion Rehm @ 417-777-8005, Eric & Jessica Kerr 314-962-1143 or 314-248-0952
Columbia Community Birth Center, Kim James, CPM; Ivy White, CPM; and Dr. Elizabeth Allemann, MD. Columbia Community Birth Center is the only licensed birth center in the state of Missouri. The Center is a place where families give birth in a comfortable home-like setting. James and White received their CPM credentials in 1995. Ivy White says, "Recognition as a natural childbirth specialist and professional with the freedom to legally practice in my state is this long-awaited godsend being dangled in front of my nose. So many of us our holding our breath. It's one thing to want to do what I love and be able to support my family doing it, but the part that really wrenches my heart is the fact that there are families who long for midwifery care and I cannot give it to them." Contacts: CCBC 573-447-2700; Ivy White 573-356-1059; Kim James 573-424-9115; Elizabeth Allemann 573-268-6946.
Missouri Midwives Association. An organization dedicated to promotion, protection, support and education for midwives in Missouri. "Generally, parties who want to join a suit want to be on the plaintiff side. We are an unusual group with an unusual dedication to our cause. We have joined the State of Missouri as co-defendants so we can have a say in what evidence the court will consider, and ensure our victory," says Debbie Smithey, President of the Missouri Midwives Association. Contact: Mary Ueland 417-543-4258
Media inquiries about the Missouri Supreme Court case should be directed to Mary Ueland at (417) 543-4258, grassroots@friendsofmomidwives.org Media inquiries about The Big Push for Midwives Campaign should be directed to Steff Hedenkamp at (816) 506-4630, RedQuill@kc.rr.com
PDF file of this news release available here.