[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4507 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 4507

 To amend title XVIII of the Social Security Act to require hospitals 
 and freestanding birth centers to notify each mother of a miscarried 
fetus of her rights with respect to such fetus, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2026

 Mr. Marshall introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to require hospitals 
 and freestanding birth centers to notify each mother of a miscarried 
fetus of her rights with respect to such fetus, 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 ``Bereaved Parents Rights Act''.

SEC. 2. HOSPITAL AND BIRTH CENTER NOTICE AND FETAL DISPOSITION 
              REQUIREMENTS.

    Section 1866(a)of the Social Security Act (42 U.S.C. 1395cc(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by moving subparagraphs (W) and (X) 2 ems to 
                the left;
                    (B) in subparagraph (X), by striking ``and'' at the 
                end;
                    (C) in subparagraph (Y), by striking the period at 
                the end and inserting ``, and''; and
                    (D) by inserting after subparagraph (Y) the 
                following new subparagraph:
            ``(Z) beginning on the date that is 30 days after the date 
        of enactment of this subparagraph, in the case of a hospital or 
        freestanding birth center (as defined in section 1905(l)), to 
        meet the requirements of paragraph (4).''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) For purposes of paragraph (1)(Z), a hospital or 
freestanding birth center shall--
            ``(i) in the case that the hospital or freestanding birth 
        center has custody of a fetus following a miscarriage or 
        stillbirth, not later than the earliest of 6 hours following 
        the miscarriage or stillbirth or when the parent is discharged 
        from such hospital or freestanding birth center, notify the 
        parent or parents of the fetus (using a form developed by the 
        Secretary) of the right of the parents to--
                    ``(I) a private or common burial of the fetus;
                    ``(II) cremation of the fetus; or
                    ``(III) disposal of the fetus by the hospital or 
                freestanding birth center; and
            ``(ii) in the case that, not later than 72 hours after 
        receiving the notice described in clause (i), a parent elects 
        in writing (using the form described in such clause) to arrange 
        for the burial or cremation of the fetus, ensure that the 
        disposition of the fetus follows the same fetal death 
        disposition options of the State that apply in the case of a 
        fetal death that occurs in the State.
    ``(B) Any individual who is harmed as a result of a violation of 
the requirements of subparagraph (A) may bring a civil action in an 
appropriate district court of the United States for appropriate 
relief.''.
                                 <all>