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-
tives of the United States of America in Congress assembled, 
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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 CON-
SENT POLICY UNDER MEDICAID AND CHIP. 
(a) MEDICAID.—Section 1902(w) of the Social Secu-
rity 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 sec-
tions 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 individ-
uals, 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 in-
dividual or, in the case of a minor individual, at 
least 1 parent or legal guardian of the minor indi-
vidual, written information to each such individual, 
parent, or legal guardian concerning— 
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‘‘(i) an individual’s rights under State law 
(whether statutory or as recognized by the 
courts of the State) to make decisions con-
cerning such medical care, including the right 
to accept, withdraw, or refuse, a medical or sur-
gical treatment or life-sustaining procedures, in-
cluding hydration and sustenance, and the right 
to formulate advance directives (as defined in 
paragraph (4)(A)); 
‘‘(ii) the provider’s or organization’s writ-
ten 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 re-
quired for the provision, withdrawal, or de-
nial 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 
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‘‘(III) if any such consent is required, 
the procedures for how the consent is ob-
tained and recorded;’’; 
(2) in paragraph (2), by striking ‘‘adult indi-
vidual’’ 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 indi-
vidual 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), re-
spectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
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‘‘(D) Subsections (a)(57) and (w) of sec-
tion 1902 (relating to maintenance of written 
policies and procedures respecting advance di-
rectives and parental consent for the denial of 
life-sustaining procedures for minor individ-
uals).’’. 
(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 appro-
priating funds) in order for the plan to meet the ad-
ditional requirements imposed by the amendments 
made by this section, the State plan shall not be re-
garded 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 
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that begins after the date of the enactment of this 
Act. 
Æ 
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