Parental Accessibility Rights for Emergency and Negligent Treatment Act
This bill expands the scope of advance directive policies and related disclosures for providers under Medicaid and the Children's Health Insurance Program (CHIP).
Specifically, providers (e.g., hospitals, hospice programs, and home health care providers) must have advance directive policies for minors (rather than only adults) and must disclose such policies on the provider's website and upon request. Providers must also disclose information regarding (1) an individual's rights with respect to life-sustaining procedures, including hydration and sustenance; and (2) whether parental consent is required to provide, withdraw, or deny life-sustaining procedures, or to institute a do-not-resuscitate order, for a minor.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5582 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5582
To amend titles XIX and XXI of the Social Security Act to require
hospitals and certain other participating providers under Medicaid or
the Children's Health Insurance Program to disclose the provider's
policy on parental consent for the provision, withdrawal, or denial of
life-sustaining treatment for minors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2020
Mr. Murphy of North Carolina (for himself, Mr. Banks, Mr. Lamborn, Mr.
Latta, Mr. Meadows, Mr. Gaetz, Mr. Mooney of West Virginia, Mr. Gosar,
Mr. Babin, Mr. Norman, Mr. Rutherford, and Mr. Harris) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend titles XIX and XXI of the Social Security Act to require
hospitals and certain other participating providers under Medicaid or
the Children's Health Insurance Program to disclose the provider's
policy on parental consent for the provision, withdrawal, or denial of
life-sustaining treatment for minors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Accessibility Rights for
Emergency and Negligent Treatment Act''.
SEC. 2. LIFE-SUSTAINING TREATMENT PARENTAL CONSENT POLICY UNDER
MEDICAID AND CHIP.
(a) Medicaid.--Section 1902(w) of the Social Security Act (42
U.S.C. 1396a(w)) is amended--
(1) by striking ``the implementation of such rights;'' and
all that precedes it through ``(w)(1)'' and inserting the
following:
``(w)(1) For purposes of subsection (a)(57) and sections
1903(m)(1)(A) and 1919(c)(2)(E), the requirements of this subsection
are that a provider or organization (as the case may be) maintain
written policies and procedures with respect to all individuals, and in
the case of any minor individuals (as defined in paragraph (4)(B)) with
respect to the parents and legal guardians of such individuals,
receiving medical care by or through the provider or organization--
``(A) to provide, on an Internet website of the provider or
organization, and upon request of an individual or, in the case
of a minor individual, at least 1 parent or legal guardian of
the minor individual, written information to each such
individual, parent, or legal guardian concerning--
``(i) an individual's rights under State law
(whether statutory or as recognized by the courts of
the State) to make decisions concerning such medical
care, including the right to accept, withdraw, or
refuse, a medical or surgical treatment or life-
sustaining procedures, including hydration and
sustenance, and the right to formulate advance
directives (as defined in paragraph (4)(A));
``(ii) the provider's or organization's written
policies respecting the implementation of such rights;
``(iii) in the case of a minor individual--
``(I) the disclosure of whether or not the
consent of at least 1 parent or legal guardian
of the minor individual is required for the
provision, withdrawal, or denial of life-
sustaining procedures, including hydration and
sustenance, or prior to a do-not-resuscitate
order or similar physician's order being
instituted;
``(II) notice that the requirement to
provide such disclosure must be noted in the
minor individual's medical records; and
``(III) if any such consent is required,
the procedures for how the consent is obtained
and recorded;'';
(2) in paragraph (2), by striking ``adult individual'' and
inserting ``individual, and in the case of a minor individual,
to at least 1 parent or legal guardian of the minor
individual'';
(3) in paragraph (3), by striking ``section'' and inserting
``subsection''; and
(4) in paragraph (4)--
(A) by striking ``subsection, the term'' and
inserting ``subsection--
``(A) the term''; and
(B) by adding at the end the following:
``(B) the term `minor individual' means an individual who
is an unemancipated individual who has not attained 18 years of
age.''.
(b) Application to CHIP.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (D) through (S) as
subparagraphs (E) through (T), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) Subsections (a)(57) and (w) of section 1902
(relating to maintenance of written policies and
procedures respecting advance directives and parental
consent for the denial of life-sustaining procedures
for minor individuals).''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply to provider agreements entered
into or renewed on or after January 1, 2020.
(2) Exception for state legislation.--In the case of a
State plan under title XIX or XXI of the Social Security Act
which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
section, the State plan shall not be regarded as failing to
comply with the requirements of such title solely on the basis
of its failure to meet these additional requirements before the
first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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