H.R. 7912

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7912 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7912

To require providers to disclose policies regarding the minimum 
gestational age at which life-saving care will be provided to an infant 
in the case of a premature birth.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 12, 2026

Mr. Mackenzie introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee on 
Ways and Means, 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

_______________________________________________________________________

A BILL

To require providers to disclose policies regarding the minimum 
gestational age at which life-saving care will be provided to an infant 
in the case of a premature birth.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Neonatal Care Transparency Act of 
2026''.

SEC. 2. FINDINGS.

Congress finds as follows:
(1) Different hospitals have varying capacities to 
resuscitate premature babies.
(2) There are parents of premature babies who have arrived 
at level 3 and level 4 neonatal intensive care units expecting 
medical intervention, only to find that life-saving treatment 
is not offered for babies born before a certain gestational 
point.
(3) Some hospitals in the United States universally forgo 
intensive care for babies born before 22 weeks gestation, while 
others provide such care to nearly all babies born alive.
(4) Data indicates that neonatal outcomes are best for 
premature babies when the baby is born at a center that 
consistently intervenes with life-saving treatment.
(5) Parents deserve a new level of obstetric and neonatal 
transparency to ensure medical excellence in circumstances of 
extreme prematurity and parental consent to the course of 
treatment.

SEC. 3. DISCLOSURE REQUIREMENTS.

(a) Hospital Requirement.--Each hospital shall publicly disclose 
the policy of such hospital regarding the provision of life-saving care 
to an infant in the case of a premature birth, including--
(1) whether there is a minimum gestational age at which 
life-saving care will be provided to an infant in the case of a 
premature birth;
(2) whether the decision to provide life-saving care to an 
infant in the case of a premature birth is made on a case-by-
case basis; and
(3) the process by which the hospital, in the case of a 
premature birth or expected premature birth, would transfer the 
infant and mother to the nearest facility with a neonatal 
intensive care unit that would provide life-saving care to the 
infant, if the hospital does not have the capacity to provide 
life-saving care to such infant.
(b) Practitioner Requirement.--Each obstetrician, or other health 
care practitioner who provides obstetric services to patients, shall, 
at the first prenatal visit of a patient, disclose to the patient the 
policy of any hospital at which the obstetrician or practitioner has 
admitting privileges regarding the provision of life-saving care to an 
infant in the case of a premature birth, including--
(1) whether there is a minimum gestational age at which 
life-saving care will be provided to an infant in the case of a 
premature birth;
(2) whether the decision to provide life-saving care to an 
infant in the case of a premature birth is made on a case-by-
case basis; and
(3) the process by which the hospital, in the case of a 
premature birth or expected premature birth, would arrange for 
the transfer the infant and mother to the nearest facility with 
a neonatal intensive care unit that would provide life-saving 
care to the infant, if the facility in which the practitioner 
is providing services does not have the capacity to provide 
life-saving care to such infant.

SEC. 4. HOSPITAL DISCLOSURES REGARDING CARE FOR PREMATURE BIRTHS.

Section 1866(a)(1) of the Social Security Act (42 U.S.C. 
1395cc(a)(1)) is amended--
(1) by moving subparagraphs (W) and (X) 2 ems to the left;
(2) in subparagraph (X), by striking ``and'' at the end;
(3) in subparagraph (Y), by striking the period at the end 
and inserting ``, and''; and
(4) by inserting after subparagraph (Y) the following new 
subparagraph:
``(Z) beginning on or after January 1, 2026, in the 
case of a hospital, to--
``(i) satisfy the disclosure requirement 
under section 3(a) of the Neonatal Care 
Transparency Act of 2026; and
``(ii) require each practitioner that 
provides obstetric services at such hospital to 
satisfy the disclosure requirement under 
section 3(b) of such Act.''.

SEC. 5. PROHIBITING FEDERAL MEDICAID AND CHIP FUNDING FOR HOSPITALS AND 
OBSTETRICS PROVIDERS THAT DO NOT SATISFY DISCLOSURE 
REQUIREMENTS.

(a) In General.--Section 1903(i) of the Social Security Act (42 
U.S.C. 1396b(i)) is amended--
(1) in paragraph (26), by striking ``; or'' and inserting a 
semicolon;
(2) in paragraph (27), by striking the period at the end 
and inserting ``; or'';
(3) by inserting after paragraph (27) the following new 
paragraph:
``(28) with respect to any amounts expended for care or 
services furnished under the plan by a hospital or by a health 
care provider who provides obstetric services to individuals 
who are eligible for medical assistance under the plan unless 
such hospital or provider satisfies the disclosure requirements 
described in section 3 of Neonatal Care Transparency Act of 
2026.''; and
(4) in the third sentence, by striking ``and (18)'' and 
inserting ``(18), and (28)''.
(b) Application to CHIP.--Section 2107(e)(1)(O) of the Social 
Security Act (42 U.S.C. 1397gg(e)(1)(O)) is amended by striking ``and 
(17)'' and inserting ``(17), and (28)''.
(c) Effective Date.--The amendments made by this subsection shall 
take effect on the date that is 180 days after the date of enactment of 
this Act.
<all>