Parental Accessibility Rights for Emergency and Negligent Treatment Act

I 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 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 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 En- ergy and Commerce 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 VerDate Sep 11 2014 21:33 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5582.IH H5582 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 5582 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Parental Accessibility 2 Rights for Emergency and Negligent Treatment Act’’. 3 SEC. 2. LIFE-SUSTAINING TREATMENT PARENTAL CON- 4 SENT POLICY UNDER MEDICAID AND CHIP. 5 (a) MEDICAID.—Section 1902(w) of the Social Secu- 6 rity Act (42 U.S.C. 1396a(w)) is amended— 7 (1) by striking ‘‘the implementation of such 8 rights;’’ and all that precedes it through ‘‘(w)(1)’’ 9 and inserting the following: 10 ‘‘(w)(1) For purposes of subsection (a)(57) and sec- 11 tions 1903(m)(1)(A) and 1919(c)(2)(E), the requirements 12 of this subsection are that a provider or organization (as 13 the case may be) maintain written policies and procedures 14 with respect to all individuals, and in the case of any 15 minor individuals (as defined in paragraph (4)(B)) with 16 respect to the parents and legal guardians of such individ- 17 uals, receiving medical care by or through the provider or 18 organization— 19 ‘‘(A) to provide, on an Internet website of the 20 provider or organization, and upon request of an in- 21 dividual or, in the case of a minor individual, at 22 least 1 parent or legal guardian of the minor indi- 23 vidual, written information to each such individual, 24 parent, or legal guardian concerning— 25 VerDate Sep 11 2014 21:42 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5582.IH H5582 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 5582 IH ‘‘(i) an individual’s rights under State law 1 (whether statutory or as recognized by the 2 courts of the State) to make decisions con- 3 cerning such medical care, including the right 4 to accept, withdraw, or refuse, a medical or sur- 5 gical treatment or life-sustaining procedures, in- 6 cluding hydration and sustenance, and the right 7 to formulate advance directives (as defined in 8 paragraph (4)(A)); 9 ‘‘(ii) the provider’s or organization’s writ- 10 ten policies respecting the implementation of 11 such rights; 12 ‘‘(iii) in the case of a minor individual— 13 ‘‘(I) the disclosure of whether or not 14 the consent of at least 1 parent or legal 15 guardian of the minor individual is re- 16 quired for the provision, withdrawal, or de- 17 nial of life-sustaining procedures, including 18 hydration and sustenance, or prior to a do- 19 not-resuscitate order or similar physician’s 20 order being instituted; 21 ‘‘(II) notice that the requirement to 22 provide such disclosure must be noted in 23 the minor individual’s medical records; and 24 VerDate Sep 11 2014 21:33 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5582.IH H5582 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 5582 IH ‘‘(III) if any such consent is required, 1 the procedures for how the consent is ob- 2 tained and recorded;’’; 3 (2) in paragraph (2), by striking ‘‘adult indi- 4 vidual’’ and inserting ‘‘individual, and in the case of 5 a minor individual, to at least 1 parent or legal 6 guardian of the minor individual’’; 7 (3) in paragraph (3), by striking ‘‘section’’ and 8 inserting ‘‘subsection’’; and 9 (4) in paragraph (4)— 10 (A) by striking ‘‘subsection, the term’’ and 11 inserting ‘‘subsection— 12 ‘‘(A) the term’’; and 13 (B) by adding at the end the following: 14 ‘‘(B) the term ‘minor individual’ means an indi- 15 vidual who is an unemancipated individual who has 16 not attained 18 years of age.’’. 17 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 18 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 19 amended— 20 (1) by redesignating subparagraphs (D) 21 through (S) as subparagraphs (E) through (T), re- 22 spectively; and 23 (2) by inserting after subparagraph (C) the fol- 24 lowing: 25 VerDate Sep 11 2014 21:33 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5582.IH H5582 jbell on DSKJLSW7X2PROD with BILLS 5 •HR 5582 IH ‘‘(D) Subsections (a)(57) and (w) of sec- 1 tion 1902 (relating to maintenance of written 2 policies and procedures respecting advance di- 3 rectives and parental consent for the denial of 4 life-sustaining procedures for minor individ- 5 uals).’’. 6 (c) EFFECTIVE DATE.— 7 (1) IN GENERAL.—Subject to paragraph (2), 8 the amendments made by this section shall apply to 9 provider agreements entered into or renewed on or 10 after January 1, 2020. 11 (2) EXCEPTION FOR STATE LEGISLATION.—In 12 the case of a State plan under title XIX or XXI of 13 the Social Security Act which the Secretary of 14 Health and Human Services determines requires 15 State legislation (other than legislation appro- 16 priating funds) in order for the plan to meet the ad- 17 ditional requirements imposed by the amendments 18 made by this section, the State plan shall not be re- 19 garded as failing to comply with the requirements of 20 such title solely on the basis of its failure to meet 21 these additional requirements before the first day of 22 the first calendar quarter beginning after the close 23 of the first regular session of the State legislature 24 VerDate Sep 11 2014 21:33 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5582.IH H5582 jbell on DSKJLSW7X2PROD with BILLS 6 •HR 5582 IH that begins after the date of the enactment of this 1 Act. 2 Æ VerDate Sep 11 2014 21:33 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5582.IH H5582 jbell on DSKJLSW7X2PROD with BILLS