Parental Accessibility Rights for Emergency and Negligent Treatment Act

II 117TH CONGRESS 1ST SESSION S. 206 To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Chil- dren’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 SENATE OF THE UNITED STATES FEBRUARY 3, 2021 Mr. LEE (for himself, Mr. TILLIS, Mr. BRAUN, Mr. LANKFORD, and Mr. HAWLEY) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating pro- viders 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parental Accessibility 4 Rights for Emergency and Negligent Treatment Act’’. 5 VerDate Sep 11 2014 16:00 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S206.IS S206 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 206 IS SEC. 2. LIFE-SUSTAINING TREATMENT PARENTAL CON- 1 SENT POLICY UNDER MEDICAID AND CHIP. 2 (a) MEDICAID.—Section 1902(w) of the Social Secu- 3 rity Act (42 U.S.C. 1396a(w)) is amended— 4 (1) by striking ‘‘the implementation of such 5 rights;’’ and all that precedes it through ‘‘(w)(1)’’ 6 and inserting the following: 7 ‘‘(w)(1) For purposes of subsection (a)(57) and sec- 8 tions 1903(m)(1)(A) and 1919(c)(2)(E), the requirements 9 of this subsection are that a provider or organization (as 10 the case may be) maintain written policies and procedures 11 with respect to all individuals receiving medical care by 12 or through the provider or organization, and in the case 13 of any such individual who is a minor individual (as de- 14 fined in paragraph (4)(B)), written policies and proce- 15 dures with respect to the parents and legal guardians of 16 such an individual— 17 ‘‘(A) to provide, on an internet website of the 18 provider or organization, and upon request of an in- 19 dividual or, in the case of a minor individual, at 20 least 1 parent or legal guardian of the minor indi- 21 vidual, written information to each such individual, 22 parent, or legal guardian concerning— 23 ‘‘(i) an individual’s rights under State law 24 (whether statutory or as recognized by the 25 courts of the State) to make decisions con- 26 VerDate Sep 11 2014 16:00 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S206.IS S206 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 206 IS cerning such medical care, including the right 1 to accept, withdraw, or refuse, a medical or sur- 2 gical treatment or life-sustaining procedures, in- 3 cluding hydration and sustenance, and the right 4 to formulate advance directives (as defined in 5 paragraph (4)(A)); 6 ‘‘(ii) the provider’s or organization’s writ- 7 ten policies respecting the implementation of 8 such rights; and 9 ‘‘(iii) in the case of a minor individual— 10 ‘‘(I) the disclosure of whether or not 11 the consent of at least 1 parent or legal 12 guardian of the minor individual is re- 13 quired for the provision, withdrawal, or de- 14 nial of life-sustaining procedures, including 15 hydration and sustenance, or prior to a do- 16 not-resuscitate order or similar physician’s 17 order being instituted; 18 ‘‘(II) notice that the requirement to 19 provide such disclosure must be noted in 20 the minor individual’s medical records; and 21 ‘‘(III) if any such consent is required, 22 the procedures for how the consent is ob- 23 tained and recorded;’’; 24 VerDate Sep 11 2014 16:00 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S206.IS S206 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 206 IS (2) in paragraph (2), by striking ‘‘adult indi- 1 vidual’’ and inserting ‘‘individual, and in the case of 2 a minor individual, to at least 1 parent or legal 3 guardian of the minor individual’’; 4 (3) in paragraph (3), by striking ‘‘section’’ and 5 inserting ‘‘subsection’’; and 6 (4) in paragraph (4)— 7 (A) by striking ‘‘subsection, the term’’ and 8 inserting ‘‘subsection— 9 ‘‘(A) the term’’; and 10 (B) by adding at the end the following: 11 ‘‘(B) the term ‘minor individual’ means an indi- 12 vidual who is an unemancipated individual who has 13 not attained 18 years of age.’’. 14 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 15 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 16 amended— 17 (1) by redesignating subparagraphs (D) 18 through (S) as subparagraphs (E) through (T), re- 19 spectively; and 20 (2) by inserting after subparagraph (C) the fol- 21 lowing: 22 ‘‘(D) Subsections (a)(57) and (w) of sec- 23 tion 1902 (relating to maintenance of written 24 policies and procedures respecting advance di- 25 VerDate Sep 11 2014 16:00 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S206.IS S206 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 206 IS rectives and parental consent for the denial of 1 life-sustaining procedures for minor individ- 2 uals).’’. 3 (c) EFFECTIVE DATE.— 4 (1) IN GENERAL.—Subject to paragraph (2), 5 the amendments made by this section shall apply to 6 provider agreements entered into or renewed on or 7 after January 1, 2021. 8 (2) EXCEPTION FOR STATE LEGISLATION.—In 9 the case of a State plan under title XIX or XXI of 10 the Social Security Act which the Secretary of 11 Health and Human Services determines requires 12 State legislation (other than legislation appro- 13 priating funds) in order for the plan to meet the ad- 14 ditional requirements imposed by the amendments 15 made by this section, the State plan shall not be re- 16 garded as failing to comply with the requirements of 17 such title solely on the basis of its failure to meet 18 these additional requirements before the first day of 19 the first calendar quarter beginning after the close 20 of the first regular session of the State legislature 21 that begins after the date of the enactment of this 22 Act. 23 Æ VerDate Sep 11 2014 16:00 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S206.IS S206 pbinns on DSKJLVW7X2PROD with BILLS