,,ii  #aafth ,,congress  #ast ,session  
,s4 #cach  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ai1 
#bjai,mr4 ,lee 7for himself1 ,mr4       
,hawley1 ,mr4 ,lankford1 ,mr4 ,cramer1  
and ,mr4 ,braun7 introduced the         
following bill2 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      
provision1 withdrawal1 or denial of     
life-sustaining treatment for minors1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,parental ,accessibility ,rights for    
,emergency and ,negligent ,treatment    
,act4  #b4 ,life-sustaining treatment   
parental consent policy under ,medicaid 
and ,,chip  7a7 ,medicaid ,section      
#aijb7w7 of the ,social ,security ,act  

7#db ,u4,s4,c4 #acif;a7w77 is amended-- 
7#a7 by striking the implementation of  
such rights2 and all that precedes it   
through 7w77#a7 and inserting the       
following3  7w7 7#a7 ,for purposes of   
subsection 7a77#eg7 and sections        
#aijc7m77#a77;,a7 and                   
#aiai7;c77#b77;,e71 the requirements of 
this subsection are that a provider or  
organization 7as the case may be7       
maintain written policies and procedures
 with respect to all individuals1 and in
 the case of any minor individuals 7as  
defined in paragraph 7#d77;,b77 with    
respect to the parents and legal        
guardians of such individuals1 receiving
 medical care by or through the provider
 or organization--  7,a7 to provide1 on 
an ,internet website of the provider or 
organization1 and upon request of an    
individual or1 in the case of a minor   
individual1 at least #a parent or legal 
guardian of the minor individual1       
written information to each such        
individual1 parent1 or legal guardian   

concerning--  7i7 an individual's rights
 under ,state law 7whether statutory or 
as recognized by the courts of the      
,state7 to make decisions concerning    
such medical care1 including the right  
to accept1 withdraw1 or refuse1 a       
medical or surgical treatment or        
life-sustaining procedures1 including   
hydration and sustenance1 and the right 
to formulate advance directives 7as     
defined in paragraph 7#d77;,a772  7ii7  
the provider's or organization's written
 policies respecting the implementation 
of such rights2  7iii7 in the case of a 
minor individual--  7,i7 the disclosure 
of whether or not the consent of at     
least #a parent or legal guardian of the
 minor individual is required for the   
provision1 withdrawal1 or denial of     
life-sustaining procedures1 including   
hydration and sustenance1 or prior to a 
do-not-resuscitate order or similar     
physician's order being instituted2     
7,,ii7 notice that the requirement to   
provide such disclosure must be noted in

 the minor individual's medical records2
 and  7,,iii7 if any such consent is    
required1 the procedures for how the    
consent is obtained and recorded2  2    
7#b7 in paragraph 7#b71 by striking     
adult individual and inserting          
individual1 and in the case of a minor  
individual1 to at least #a parent or    
legal guardian of the minor individual2 
7#c7 in paragraph 7#c71 by striking     
section and inserting subsection2 and   
7#d7 in paragraph 7#d7--  7,a7 by       
striking subsection1 the term and       
inserting 8subsection--  7,a7 the term  
2 and  7,b7 by adding at the end the    
following3  7,b7 the term minor         
individual means an individual who is an
 unemancipated individual who has not   
attained #ah years of age4  4  7b7      
,application to ,,chip ,section         
#bajg7;e77#a7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #acig;gg7e77#a77 is 
amended-- 7#a7 by redesignating         
subparagraphs 7,d7 through 7,s7 as      
subparagraphs 7,e7 through 7,t71        

respectively2 and  7#b7 by inserting    
after subparagraph 7,c7 the following3  
7,d7 ,subsections 7a77#eg7 and 7w7 of   
section #aijb 7relating to maintenance  
of written policies and procedures      
respecting advance directives and       
parental consent for the denial of      
life-sustaining procedures for minor    
individuals74  4  7c7 ,effective date   
7#a7 ,in general ,subject to paragraph  
7#b71 the amendments made by this       
section shall apply to provider         
agreements entered into or renewed on or
 after ,january #a1 #bjbj4  7#b7        
,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 7other than          
legislation appropriating funds7 in     
order for the plan to meet the          
additional requirements imposed by the  
amendments made by this section1 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 
,act4