Parental Rights in Minor Patient DNR Decisions for Medicare and Medicaid
The Simon Crosier Act introduces new rules for parental consent regarding Do-Not-Resuscitate (DNR) orders for unemancipated minors in Medicare and Medicaid programs. It grants parents greater control over their children's medical decisions by requiring notification and consent before such orders are issued. This aims to protect parental rights and ensure life-sustaining decisions are not made without their knowledge and agreement.
Key points
Requires consent from at least one parent or legal guardian before a DNR order is issued for a minor patient.
Mandates reasonable attempts to inform the other parent if available and having custody or visitation rights, with a 72-hour contact period.
Parents or guardians can refuse consent for a DNR order, and their refusal must be documented in the medical record.
Healthcare providers cannot withhold or withdraw life-sustaining procedures against parental objection unless the minor's death is conclusively established.
Parents have the right to request a transfer of the minor patient to another facility, with the current facility required to continue life support for at least 15 days and assist with the transfer.
Medical judgments for DNR orders cannot be based solely on a patient's disability unless treatment is physiologically futile.
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