Bereaved Parents Rights Act
- Bill Number
- H.R. 8784
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-05-13: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-18T17:07:47Z
AI-Generated Summary
Purpose This legislation amends title XVIII of the Social Security Act to require hospitals and freestanding birth centers participating in Medicare to notify parents of a miscarried or stillborn fetus about options for its disposition and to follow state rules if parents choose burial or cremation.
Key Provisions
- Hospitals and freestanding birth centers must provide notice (using a form developed by the Secretary of Health and Human Services) no later than 6 hours after a miscarriage or stillbirth or at discharge, whichever comes first.
- The notice informs parents of three options: private or common burial, cremation, or disposal by the facility.
- If a parent elects burial or cremation in writing within 72 hours, the facility must arrange disposition according to the same state fetal death rules that apply to other fetal deaths.
- Individuals harmed by a violation may file a civil action in federal district court for appropriate relief.
- These requirements apply beginning 30 days after enactment and are added as a new condition of participation under section 1866(a).
Significant Changes to Existing Law The bill adds a new subparagraph (Z) to section 1866(a)(1) of the Social Security Act, creating a mandatory notification and disposition process for miscarriages and stillbirths that did not previously exist in Medicare conditions of participation. It also inserts a new paragraph (4) detailing the specific duties and enforcement mechanism.
Potential Impacts
- Hospitals and freestanding birth centers must update policies, train staff, and use the Secretary-developed form, with possible civil liability for noncompliance.
- Parents gain explicit notification rights and the ability to direct final disposition consistent with state law.
- The Secretary of Health and Human Services gains responsibility for creating the required notice form.
- State fetal death disposition laws become directly applicable to these Medicare-covered cases when parents elect burial or cremation.
Main Stakeholders Affected
- Medicare-participating hospitals and freestanding birth centers.
- Parents experiencing miscarriage or stillbirth.
- The Department of Health and Human Services (for form development and oversight).
- State governments (whose fetal death laws are referenced for disposition).
Notable Legal, Constitutional, or Political Implications The measure ties Medicare participation to fetal disposition procedures and creates a private right of action for violations, potentially affecting facility operations nationwide. It references state fetal death laws without altering them and applies only to facilities receiving Medicare payments.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. Tenney, Claudia [R-NY-24], Rep. Steube, W. Gregory [R-FL-17], Rep. Fischbach, Michelle [R-MN-7], Rep. Harris, Andy [R-MD-1], Rep. Mace, Nancy [R-SC-1], Rep. Biggs, Sheri [R-SC-3], Rep. Davidson, Warren [R-OH-8]
Recent Actions
- 2026-05-13: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-13: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-13: Introduced in House
- 2026-05-13: Introduced in House
Bill Versions
- Bereaved Parents Rights Act — issued 2026-05-13 — PDF (3 pages)