Protecting Vulnerable Newborn and Infant Children, 62187-62189 [2020-21960]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Presidential Documents]
[Pages 62187-62189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21960]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 192 / Friday, October 2, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 62187]]

                Executive Order 13952 of September 25, 2020

                
Protecting Vulnerable Newborn and Infant Children

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Purpose. Every infant born alive, no matter 
                the circumstances of his or her birth, has the same 
                dignity and the same rights as every other individual 
                and is entitled to the same protections under Federal 
                law. Such laws include the Emergency Medical Treatment 
                and Labor Act (EMTALA), 42 U.S.C. 1395dd, which 
                guarantees, in hospitals that have an emergency 
                department, each individual's right to an appropriate 
                medical screening examination and to either stabilizing 
                treatment or an appropriate transfer. They also include 
                section 504 of the Rehabilitation Act (Rehab Act), 29 
                U.S.C. 794, which prohibits discrimination against 
                individuals with disabilities by programs and 
                activities receiving Federal funding. In addition, the 
                Born-Alive Infants Protection Act, 1 U.S.C. 8, makes 
                clear that all infants born alive are individuals for 
                purposes of these and other Federal laws and are 
                therefore afforded the same legal protections as any 
                other person. Together, these laws help protect infants 
                born alive from discrimination in the provision of 
                medical treatment, including infants who require 
                emergency medical treatment, who are premature, or who 
                are born with disabilities. Such infants are entitled 
                to meaningful and non-discriminatory access to medical 
                examination and services, with the consent of a parent 
                or guardian, when they present at hospitals receiving 
                Federal funds.

                Despite these laws, some hospitals refuse the required 
                medical screening examination and stabilizing treatment 
                or otherwise do not provide potentially lifesaving 
                medical treatment to extremely premature or disabled 
                infants, even when parents plead for such treatment. 
                Hospitals might refuse to provide treatment to 
                extremely premature infants--born alive before 24 weeks 
                of gestation--because they believe these infants may 
                not survive, may have to live with long-term 
                disabilities, or may have a quality-of-life deemed to 
                be inadequate. Active treatment of extremely premature 
                infants has, however, been shown to improve their 
                survival rates. And the denial of such treatment, or 
                discouragement of parents from seeking such treatment 
                for their children, devalues the lives of these 
                children and may violate Federal law.

                Sec. 2. Policy. It is the policy of the United States 
                to recognize the human dignity and inherent worth of 
                every newborn or other infant child, regardless of 
                prematurity or disability, and to ensure for each child 
                due protection under the law.

                Sec. 3. (a) The Secretary of Health and Human Services 
                (Secretary) shall ensure that individuals responsible 
                for all programs and activities under his jurisdiction 
                that receive Federal funding are aware of their 
                obligations toward infants, including premature infants 
                or infants with disabilities, who have an emergency 
                medical condition in need of stabilizing treatment, 
                under EMTALA and section 504 of the Rehab Act, as 
                interpreted consistent with the Born-Alive Infants 
                Protection Act. In particular, the Secretary shall 
                ensure that individuals responsible for such programs 
                and activities are aware that they are not excused from 
                complying with these obligations, including the 
                obligation to provide an appropriate medical screening 
                examination and stabilizing treatment or transfer, when 
                extremely premature infants are born alive or infants 
                are born with disabilities. The Secretary shall also 
                ensure

[[Page 62188]]

                that individuals responsible for such programs and 
                activities are aware that they may not unlawfully 
                discourage parents from seeking medical treatment for 
                their infant child solely because of their infant 
                child's disability. The Secretary shall further ensure 
                that individuals responsible for such programs and 
                activities are aware of their obligations to provide 
                stabilizing treatment that will allow the infant 
                patients to be transferred to a more suitable facility 
                if appropriate treatment is not possible at the initial 
                location.

                    (b) The Secretary shall, as appropriate and 
                consistent with applicable law, ensure that Federal 
                funding disbursed by the Department of Health and Human 
                Services is expended in full compliance with EMTALA and 
                section 504 of the Rehab Act, as interpreted consistent 
                with the Born-Alive Infants Protection Act, as 
                reflected in the policy set forth in section 2 of this 
                order.

(i) The Secretary shall, as appropriate and to the fullest extent permitted 
by law, investigate complaints of violations of applicable Federal laws 
with respect to infants born alive, including infants who have an emergency 
medical condition in need of stabilizing treatment or infants with 
disabilities whose parents seek medical treatment for their infants. The 
Secretary shall also clarify, in an easily understandable format, the 
process by which parents and hospital staff may submit such complaints for 
investigation under applicable Federal laws.

(ii) The Secretary shall take all appropriate enforcement action against 
individuals and organizations found through investigation to have violated 
applicable Federal laws, up to and including terminating Federal funding 
for non-compliant programs and activities.

                    (c) The Secretary shall, as appropriate and 
                consistent with applicable law, prioritize the 
                allocation of Department of Health and Human Services 
                discretionary grant funding and National Institutes of 
                Health research dollars for programs and activities 
                conducting research to develop treatments that may 
                improve survival--especially survival without 
                impairment--of infants born alive, including premature 
                infants or infants with disabilities, who have an 
                emergency medical condition in need of stabilizing 
                treatment.
                    (d) The Secretary shall, as appropriate and 
                consistent with applicable law, prioritize the 
                allocation of Department of Health and Human Services 
                discretionary grant funding to programs and activities, 
                including hospitals, that provide training to medical 
                personnel regarding the provision of life-saving 
                medical treatment to all infants born alive, including 
                premature infants or infants with disabilities, who 
                have an emergency medical condition in need of 
                stabilizing treatment.
                    (e) The Secretary shall, as necessary and 
                consistent with applicable law, issue such regulations 
                or guidance as may be necessary to implement this 
                order.

                Sec. 4. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 62189]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 25, 2020.

[FR Doc. 2020-21960
Filed 10-1-20; 8:45 am]
Billing code 3295-F1-P