[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3138 Introduced in Senate (IS)]

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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 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 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 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.
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