S. 2433

119th CONGRESS 1st Session

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 SENATE OF THE UNITED STATES · July 24, 2025 · Sponsor: Mr. Cotton · Committee: Committee on Health, Education, Labor, and Pensions

Table of contents

• S. 2433
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Disclosure requirements
  • SEC. 4. Hospital disclosures regarding care for premature births
  • SEC. 5. Prohibiting Federal Medicaid and CHIP funding for hospitals and obstetrics providers that do not satisfy disclosure requirements

SEC. 1. Short title

• This Act may be cited as the Neonatal Care Transparency Act of 2025.

SEC. 2. Findings

• Congress finds as follows:
  • Different hospitals have varying capacities to resuscitate premature babies.
  • 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.
  • 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.
  • 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.
  • 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—
    • 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;
    • 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
    • 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—
    • 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;
    • 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
    • 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 () is amended— 42 U.S.C. 1395cc(a)(1)
  • by moving subparagraphs (W) and (X) 2 ems to the left;
  • in subparagraph (X), by striking and at the end;
  • in subparagraph (Y), by striking the period at the end and inserting ; and
    • 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 ; and
      • (ii) require each practitioner that provides obstetric services at such hospital to satisfy the disclosure requirement under section 3(b) of such Act.
  • by inserting after subparagraph (Y) the following new subparagraph:

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 () is amended— 42 U.S.C. 1396b(i)
    • in paragraph (26), by striking and inserting a semicolon;
    • in paragraph (27), by striking the period at the end and inserting ;
      • 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 .
    • by inserting after paragraph (27) the following new paragraph:
    • 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 () is amended by striking and (17)and inserting (17), and (28). 42 U.S.C. 1397gg(e)(1)(O)
• (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.
  • Effective date