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 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 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 Energy and Commerce 

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 lifesustaining treatment for minors, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Parental Accessibility 

3 Rights for Emergency and Negligent Treatment Act’’. 

4 SEC. 2. LIFE-SUSTAINING TREATMENT PARENTAL CON5 SENT POLICY UNDER MEDICAID AND CHIP. 

6 (a) MEDICAID.—Section 1902(w) of the Social Secu7 rity Act (42 U.S.C. 1396a(w)) is amended— 

8 (1) by striking ‘‘the implementation of such 

9 rights;’’ and all that precedes it through ‘‘(w)(1)’’ 

10 and inserting the following: 

11 ‘‘(w)(1) For purposes of subsection (a)(57) and sec12 tions 1903(m)(1)(A) and 1919(c)(2)(E), the requirements 

13 of this subsection are that a provider or organization (as 

14 the case may be) maintain written policies and procedures 

15 with respect to all individuals, and in the case of any 

16 minor individuals (as defined in paragraph (4)(B)) with 

17 respect to the parents and legal guardians of such individ18 uals, receiving medical care by or through the provider or 

19 organization— 

20 ‘‘(A) to provide, on an Internet website of the 

21 provider or organization, and upon request of an in22 dividual or, in the case of a minor individual, at 

23 least 1 parent or legal guardian of the minor indi24 vidual, written information to each such individual, 

25 parent, or legal guardian concerning— 


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1 ‘‘(i) an individual’s rights under State law 

2 (whether statutory or as recognized by the 

3 courts of the State) to make decisions con4 cerning such medical care, including the right 

5 to accept, withdraw, or refuse, a medical or sur6 gical treatment or life-sustaining procedures, in7 cluding hydration and sustenance, and the right 

8 to formulate advance directives (as defined in 

9 paragraph (4)(A)); 

10 ‘‘(ii) the provider’s or organization’s writ11 ten policies respecting the implementation of 

12 such rights; 

13 ‘‘(iii) in the case of a minor individual— 

14 ‘‘(I) the disclosure of whether or not 

15 the consent of at least 1 parent or legal 

16 guardian of the minor individual is re17 quired for the provision, withdrawal, or de18 nial of life-sustaining procedures, including 

19 hydration and sustenance, or prior to a do20 not-resuscitate order or similar physician’s 

21 order being instituted; 

22 ‘‘(II) notice that the requirement to 

23 provide such disclosure must be noted in 

24 the minor individual’s medical records; and 


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1 ‘‘(III) if any such consent is required, 

2 the procedures for how the consent is ob3 tained and recorded;’’; 

4 (2) in paragraph (2), by striking ‘‘adult indi5 vidual’’ and inserting ‘‘individual, and in the case of 

6 a minor individual, to at least 1 parent or legal 

7 guardian of the minor individual’’; 

8 (3) in paragraph (3), by striking ‘‘section’’ and 

9 inserting ‘‘subsection’’; and 

10 (4) in paragraph (4)— 

11 (A) by striking ‘‘subsection, the term’’ and 

12 inserting ‘‘subsection— 

13 ‘‘(A) the term’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(B) the term ‘minor individual’ means an indi16 vidual who is an unemancipated individual who has 

17 not attained 18 years of age.’’. 

18 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 

19 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

20 amended— 

21 (1) by redesignating subparagraphs (D) 

22 through (S) as subparagraphs (E) through (T), re23 spectively; and 

24 (2) by inserting after subparagraph (C) the fol25 lowing: 


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1 ‘‘(D) Subsections (a)(57) and (w) of sec2 tion 1902 (relating to maintenance of written 

3 policies and procedures respecting advance di4 rectives and parental consent for the denial of 

5 life-sustaining procedures for minor individ6 uals).’’. 

7 (c) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 the amendments made by this section shall apply to 

10 provider agreements entered into or renewed on or 

11 after January 1, 2020. 

12 (2) EXCEPTION FOR STATE LEGISLATION.—In 

13 the case of a State plan under title XIX or XXI of 

14 the Social Security Act which the Secretary of 

15 Health and Human Services determines requires 

16 State legislation (other than legislation appro17 priating funds) in order for the plan to meet the ad18 ditional requirements imposed by the amendments 

19 made by this section, the State plan shall not be re20 garded as failing to comply with the requirements of 

21 such title solely on the basis of its failure to meet 

22 these additional requirements before the first day of 

23 the first calendar quarter beginning after the close 

24 of the first regular session of the State legislature 


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1 that begins after the date of the enactment of this 

2 Act. 

Æ 


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