HB1250: HB1250 Daniel Waters Act; enact

26 LC 46 1409 House Bill 1250 By: Representatives Hilton of the 48th, Hawkins of the 27th, Taylor of the 173rd, Dempsey of the 13th, Petrea of the 166th, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2A of Title 31 of the Official Co de of Georgia Annotated,1 relating to general provisions concerning the Department of Public Health, so as to require2 certain hospitals to offer perinatal bereavement care counselin g options and any available3 perinatal bereavement devices; to provide for definitions; to provide for related matters; to4 provide for contingent effectiveness upon appropriation of funds; to provide for a repealer5 clause; to provide for a short title; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Daniel Waters Act."9 SECTION 2.10 Article 1 of Chapter 2A of Title 31 of the Official Code of Geo rgia Annotated, relating to11 general provisions concerning the Department of Public Health, is amended by adding a new12 Code section to read as follows:13 "31-2A-21.14 (a) As used in this Code section, the term:15 H. B. 1250 - 1 - 26 LC 46 1409 (1) 'Basic perinatal services' means providing basic inpatient care for pregnant women16 and newborns without complications; managing perinatal emergencies; consulting with17 and referring to specialty and subspecialty hospitals; identifying high-risk pregnancies;18 providing follow-up care for new mothers and infants; and provi ding public and19 community education on perinatal health.20 (2) 'Family members' means the parents, siblings, and children of the expectant parents.21 (3) 'Fetal death' means the definition of such process as desc ribed in Code Section22 31-10-1.23 (4) 'Hospital' means a hospital licensed by the Department of Community Health as a24 children's hospital or to provide basic perinatal services and shall also include children's25 hospitals.26 (5) 'Initiative' means the perinatal bereavement care initiati ve established under27 subsection (c) of this Code section.28 (6) 'Neonatal death' means the death of a live-born infant wit hin the first 28 days29 following birth.30 (7) 'Perinatal bereavement care' means the provision of supportive care following a fetal31 death, neonatal death, or stillbirth.32 (8) 'Perinatal bereavement device' means a device with technology capable of delaying33 for bereavement purposes the deterioration of human tissue for up to 72 hours following34 a fetal death, neonatal death, or stillbirth.35 (9) 'Stillbirth' means the definition provided in Code Section 31-10-1.36 (b) A hospital that has been provided funding for perinatal be reavement care under37 subsection (c) of this Code section shall, following a fetal de ath, neonatal death, or38 stillbirth, make available to the expectant parents and family members for a period equal39 to the length of stay recommended by the attending physician for a birth:40 (1) Perinatal bereavement care counseling resources; and41 (2) Any available perinatal bereavement device.42 H. B. 1250 - 2 - 26 LC 46 1409 (c)(1) The department shall establish and administer a perinat al bereavement care43 initiative to improve access to and quality of perinatal bereavement care in this state.44 (2) The department may, upon appropriation, provide to hospita ls the following45 resources for the hospital's provision of perinatal bereavement care:46 (A) For hospital personnel who provide maternal care or neonat al care, training on47 interacting with parents and family members in a considerate an d respectful manner48 following a fetal death, neonatal death, or stillbirth;49 (B) A perinatal bereavement device, including:50 (i) Training for personnel on the use of the device; and51 (ii) Support to maintain the device; and52 (C) Any other resources necessary for providing perinatal bereavement care.53 (3) In providing resources to hospitals under the initiative, the department shall prioritize54 hospitals that:55 (A) Lack access to a perinatal bereavement device;56 (B) Treat a greater number of high-risk pregnancies; and57 (C) Facilitate a comparatively high number of births relative to other hospitals in this58 state.59 (4) The department may accept gifts, grants, or donations from any source for the60 purposes of the initiative.61 (d) The department, in consultation with the Georgia Perinatal Quality Collaborative, shall62 develop and implement a program to award recognition to hospitals that provide perinatal63 bereavement care."64 SECTION 3.65 (a) This Act shall become effective only if funds are specifically appropriated for purposes66 of this Act in an appropriations Act enacted by the General Assembly.67 (b) If funds are so appropriated, then this Act shall become effective on the later of:68 H. B. 1250 - 3 - 26 LC 46 1409 (1) The date on which such appropriations Act becomes effective; or69 (2) The beginning date of the fiscal year for which such appropriations are made.70 (c) If funds are not appropriated by July 1, 2029, as describe d herein, this Act shall stand71 repealed.72 SECTION 4.73 All laws and parts of laws in conflict with this Act are repealed.74 H. B. 1250 - 4 -