HR 8784
Bereaved Parents Rights Act
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Bill overview
This bill, the Bereaved Parents Rights Act, aims to ensure that parents who experience a miscarriage or stillbirth receive information about their rights regarding the disposition of the fetus. Specifically, hospitals and freestanding birth centers are required to notify parents within 30 days of enactment about these rights, including options for burial, cremation, or hospital-directed disposal. The bill also establishes a process for ensuring that the chosen disposition aligns with state laws for fetal deaths.
Key provisions
- Requires hospitals and freestanding birth centers to notify parents of their rights regarding fetal disposition after a miscarriage or stillbirth.
- Establishes a 30-day notification requirement for parents.
- Specifies the rights parents have regarding burial, cremation, or hospital disposal.
- Mandates that fetal disposition follows state laws for fetal deaths.
- Allows parents to elect in writing their preferred disposition within 72 hours of notification.
- Creates a civil action for individuals harmed by violations of the notification requirements.
- Defines ‘hospital’ and ‘freestanding birth center’ for the purposes of the bill.
Who is affected
- Parents who experience miscarriages or stillbirths
- Hospitals
- Freestanding birth centers
- Healthcare providers
Notable changes
- Adds specific requirements for hospitals and birth centers regarding fetal disposition notifications.
Sponsors
Official sponsors from legislative records.
Primary sponsor
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119th CONGRESS — 2d Session
H. R. 8784
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Bereaved Parents Rights Act
.
Section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)) is amended—
in paragraph (1)—
by moving subparagraphs (W) and (X) 2 ems to the left;
in subparagraph (X), by striking and
at the end;
in subparagraph (Y), by striking the period at the end and inserting , and
; and
by inserting after subparagraph (Y) the following new subparagraph:
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).
by adding at the end the following new paragraph:
For purposes of paragraph (1)(Z), a hospital or freestanding birth center shall—
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—
a private or common burial of the fetus;
cremation of the fetus; or
disposal of the fetus by the hospital or freestanding birth center; and
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.
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.