What The Hell America!

Georgia recently relaunched its maternal mortality review committee after dismissing all 32 of its members last year. But state officials won’t say who the current members are.

The dismissals were in response to ProPublica obtaining internal reports in which the committee detailed the “preventable” deaths of two women who were unable to obtain legal abortions or timely care after Georgia banned abortion.

In September, ProPublica published stories on the deaths of Amber Thurman and Candi Miller. They were the first reported cases of women who died without access to care restricted by a state abortion ban. Before those stories, the state Department of Public Health had released the names of committee members to ProPublica. Now it’s saying that releasing the names would be a violation of state law.

The law states that the work of the committee is confidential and that some records and reports obtained and created by the committee are not covered by public records laws. The law does not state that committee members’ identities are confidential. However, Department of Public Health spokesperson Nancy Nydam said the department’s review of the law “determined that the broad confidentiality protections directed toward the committee should be extended to the identities of the committee members.” She did not respond to questions about why the department could share committee members’ names in August but not now.

The newly appointed committee, which reviews maternal deaths and makes recommendations to improve care for pregnant women, held its first meeting Feb. 21.

If the public doesn’t know who is on a committee, it could create mistrust of its findings, said Elizabeth Dawes, director of maternal and reproductive health at the Century Foundation, a public-policy nonprofit. She has been an advocate for Black mothers, who die from causes related to pregnancy or birth at higher rates than other groups.

“If everything is confidential, there’s no way to really be able to trust what comes out of it,” Dawes said. “They could completely ignore abortion. They could completely ignore race, racism, discrimination, and say what they want to say.”

Dawes said those questions are particularly important in Georgia. The state has one of the nation’s highest rates of maternal death, especially among Black women, who die at twice the rate of white women.

The stories of Thurman and Miller sparked widespread outrage about the effects of abortion bans; Georgia law bans the procedure after six weeks.

Thurman, who traveled to North Carolina and obtained abortion pills, died from sepsis after doctors in Georgia delayed the removal of infected tissue that remained in her uterus. Her case, and others identified in Georgia and Texas, show the dangers women face in states that force hospitals and doctors to weigh criminal laws against abortion before providing care.

Less than two months after ProPublica published the stories, the commissioner of the Georgia Department of Public Health, Dr. Kathleen Toomey, sent a Nov. 8 letter to all members of the committee stating that information had been inappropriately shared with an outside source.

“Even though this disclosure was investigated, the investigation was unable to uncover which individual(s) disclosed confidential information,” Toomey wrote. “Therefore, effective immediately the current MMRC is disbanded, and all member seats will be filled through a new application process.”

That application process ended earlier this year. The Department of Public Health denied ProPublica’s Open Records Act request for the names of new members on Feb. 27, three weeks after the request was made. In a response, a staff member said 30 people had been appointed to the board and attached language from a letter inviting new members to the committee’s first meeting on Feb. 21.

All 50 states, as well as other localities, have maternal mortality review committees. They examine the deaths of pregnant women and new mothers to identify gaps in care and provide recommendations to improve treatment. ProPublica recently found that the names of committee members in 18 states with abortion restrictions were publicly available, or accessible through a public records request.

Recently, some states have come under fire for allegedly politicizing the work of these committees.

The maternal mortality review committee in Idaho was allowed to go dormant in 2023 after conservative groups attacked its recommendation to expand Medicaid for postpartum women. The state has since revived the committee as an advisory body to the State Board of Medicine.

Also in 2023, Texas lawmakers changed the composition of the state’s committee more than a year after a member spoke out about a delay in releasing a report. She lost her seat. Officials later appointed an anti-abortion obstetrician, Dr. Ingrid Skop, to the group. The Texas MMRC is also not reviewing deaths from 2022 or 2023, a period covering the first year and a half after Roe v. Wade was overturned.

In the letter last year dismissing the members of Georgia’s committee, Toomey wrote that the shake-up of the board would not delay its work. Nydam said in February that Department of Public Health staff members have continued their work while the committee has been inactive.

“The work of the MMRC has not stopped,” Nydam wrote in an email. “It has continued with our staff doing case abstractions, which they do regardless, before the cases go to the MMRC.”

However, a person familiar with the committee’s work, who because of her continuing work with the Department of Public Health asked not to be named, said the full committee usually met every other month. Subcommittees met even more frequently to review cases.

“There’s no way there’s not going to be a delay unless they are going to meet every week,” she said.

The Georgia MMRC was beginning to identify deaths from 2023 when all members were dismissed.