II 

117TH CONGRESS 

1ST SESSION S. 206 

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 

FEBRUARY 3, 2021 

Mr. LEE (for himself, Mr. TILLIS, Mr. BRAUN, Mr. LANKFORD, and Mr. 

HAWLEY) 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Rights for Emergency and Negligent Treatment Act’’. 


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1 SEC. 2. LIFE-SUSTAINING TREATMENT PARENTAL CON2 SENT POLICY UNDER MEDICAID AND CHIP. 

3 (a) MEDICAID.—Section 1902(w) of the Social Secu4 rity Act (42 U.S.C. 1396a(w)) is amended— 

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

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

7 and inserting the following: 

8 ‘‘(w)(1) For purposes of subsection (a)(57) and sec9 tions 1903(m)(1)(A) and 1919(c)(2)(E), the requirements 

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

11 the case may be) maintain written policies and procedures 

12 with respect to all individuals receiving medical care by 

13 or through the provider or organization, and in the case 

14 of any such individual who is a minor individual (as de15 fined in paragraph (4)(B)), written policies and proce16 dures with respect to the parents and legal guardians of 

17 such an individual— 

18 ‘‘(A) to provide, on an internet website of the 

19 provider or organization, and upon request of an in20 dividual or, in the case of a minor individual, at 

21 least 1 parent or legal guardian of the minor indi22 vidual, written information to each such individual, 

23 parent, or legal guardian concerning— 

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

25 (whether statutory or as recognized by the 

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1 cerning such medical care, including the right 

2 to accept, withdraw, or refuse, a medical or sur3 gical treatment or life-sustaining procedures, in4 cluding hydration and sustenance, and the right 

5 to formulate advance directives (as defined in 

6 paragraph (4)(A)); 

7 ‘‘(ii) the provider’s or organization’s writ8 ten policies respecting the implementation of 

9 such rights; and 

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

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

12 the consent of at least 1 parent or legal 

13 guardian of the minor individual is re14 quired for the provision, withdrawal, or de15 nial of life-sustaining procedures, including 

16 hydration and sustenance, or prior to a do17 not-resuscitate order or similar physician’s 

18 order being instituted; 

19 ‘‘(II) notice that the requirement to 

20 provide such disclosure must be noted in 

21 the minor individual’s medical records; and 

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

23 the procedures for how the consent is ob24 tained and recorded;’’; 


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1 (2) in paragraph (2), by striking ‘‘adult indi2 vidual’’ and inserting ‘‘individual, and in the case of 

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

4 guardian of the minor individual’’; 

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

6 inserting ‘‘subsection’’; and 

7 (4) in paragraph (4)— 

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

9 inserting ‘‘subsection— 

10 ‘‘(A) the term’’; and 

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

12 ‘‘(B) the term ‘minor individual’ means an indi13 vidual who is an unemancipated individual who has 

14 not attained 18 years of age.’’. 

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

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

17 amended— 

18 (1) by redesignating subparagraphs (D) 

19 through (S) as subparagraphs (E) through (T), re20 spectively; and 

21 (2) by inserting after subparagraph (C) the fol22 lowing: 

23 ‘‘(D) Subsections (a)(57) and (w) of sec24 tion 1902 (relating to maintenance of written 

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1 rectives and parental consent for the denial of 

2 life-sustaining procedures for minor individ3 uals).’’. 

4 (c) EFFECTIVE DATE.— 

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

6 the amendments made by this section shall apply to 

7 provider agreements entered into or renewed on or 

8 after January 1, 2021. 

9 (2) EXCEPTION FOR STATE LEGISLATION.—In 

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

11 the Social Security Act which the Secretary of 

12 Health and Human Services determines requires 

13 State legislation (other than legislation appro14 priating funds) in order for the plan to meet the ad15 ditional requirements imposed by the amendments 

16 made by this section, the State plan shall not be re17 garded as failing to comply with the requirements of 

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

19 these additional requirements before the first day of 

20 the first calendar quarter beginning after the close 

21 of the first regular session of the State legislature 

22 that begins after the date of the enactment of this 

23 Act. 

Æ 


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