Parental Accessibility Rights for Emergency and Negligent Treatment Act

II 116TH CONGRESS 1ST SESSION S. 3138 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 DECEMBER 19, 2019 Mr. LEE (for himself, Mr. HAWLEY, Mr. LANKFORD, Mr. CRAMER, and Mr. BRAUN) 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 19:01 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3138.IS S3138 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3138 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, and in the case of any 12 minor individuals (as defined in paragraph (4)(B)) with 13 respect to the parents and legal guardians of such individ- 14 uals, receiving medical care by or through the provider or 15 organization— 16 ‘‘(A) to provide, on an Internet website of the 17 provider or organization, and upon request of an in- 18 dividual or, in the case of a minor individual, at 19 least 1 parent or legal guardian of the minor indi- 20 vidual, written information to each such individual, 21 parent, or legal guardian concerning— 22 ‘‘(i) an individual’s rights under State law 23 (whether statutory or as recognized by the 24 courts of the State) to make decisions con- 25 cerning such medical care, including the right 26 VerDate Sep 11 2014 19:01 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3138.IS S3138 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3138 IS to accept, withdraw, or refuse, a medical or sur- 1 gical treatment or life-sustaining procedures, in- 2 cluding hydration and sustenance, and the right 3 to formulate advance directives (as defined in 4 paragraph (4)(A)); 5 ‘‘(ii) the provider’s or organization’s writ- 6 ten policies respecting the implementation of 7 such rights; 8 ‘‘(iii) in the case of a minor individual— 9 ‘‘(I) the disclosure of whether or not 10 the consent of at least 1 parent or legal 11 guardian of the minor individual is re- 12 quired for the provision, withdrawal, or de- 13 nial of life-sustaining procedures, including 14 hydration and sustenance, or prior to a do- 15 not-resuscitate order or similar physician’s 16 order being instituted; 17 ‘‘(II) notice that the requirement to 18 provide such disclosure must be noted in 19 the minor individual’s medical records; and 20 ‘‘(III) if any such consent is required, 21 the procedures for how the consent is ob- 22 tained and recorded;’’; 23 (2) in paragraph (2), by striking ‘‘adult indi- 24 vidual’’ and inserting ‘‘individual, and in the case of 25 VerDate Sep 11 2014 19:01 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3138.IS S3138 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3138 IS a minor individual, to at least 1 parent or legal 1 guardian of the minor individual’’; 2 (3) in paragraph (3), by striking ‘‘section’’ and 3 inserting ‘‘subsection’’; and 4 (4) in paragraph (4)— 5 (A) by striking ‘‘subsection, the term’’ and 6 inserting ‘‘subsection— 7 ‘‘(A) the term’’; and 8 (B) by adding at the end the following: 9 ‘‘(B) the term ‘minor individual’ means an indi- 10 vidual who is an unemancipated individual who has 11 not attained 18 years of age.’’. 12 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 13 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 14 amended— 15 (1) by redesignating subparagraphs (D) 16 through (S) as subparagraphs (E) through (T), re- 17 spectively; and 18 (2) by inserting after subparagraph (C) the fol- 19 lowing: 20 ‘‘(D) Subsections (a)(57) and (w) of sec- 21 tion 1902 (relating to maintenance of written 22 policies and procedures respecting advance di- 23 rectives and parental consent for the denial of 24 VerDate Sep 11 2014 19:01 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3138.IS S3138 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3138 IS life-sustaining procedures for minor individ- 1 uals).’’. 2 (c) EFFECTIVE DATE.— 3 (1) IN GENERAL.—Subject to paragraph (2), 4 the amendments made by this section shall apply to 5 provider agreements entered into or renewed on or 6 after January 1, 2020. 7 (2) EXCEPTION FOR STATE LEGISLATION.—In 8 the case of a State plan under title XIX or XXI of 9 the Social Security Act which the Secretary of 10 Health and Human Services determines requires 11 State legislation (other than legislation appro- 12 priating funds) in order for the plan to meet the ad- 13 ditional requirements imposed by the amendments 14 made by this section, the State plan shall not be re- 15 garded as failing to comply with the requirements of 16 such title solely on the basis of its failure to meet 17 these additional requirements before the first day of 18 the first calendar quarter beginning after the close 19 of the first regular session of the State legislature 20 that begins after the date of the enactment of this 21 Act. 22 Æ VerDate Sep 11 2014 19:01 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3138.IS S3138 pamtmann on DSKBC07HB2PROD with BILLS