White House Executive Order Prohibits Medical Futility Decisions - Protecting Vulnerable Newborn and Infant Children

 In late September 2020, President Trump issued Executive Order 13952: Protecting Vulnerable Newborn and Infant Children.

In part the EO notes that "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."

Among other things, the EO directs DHHS to enforce EMTALA and disability discrimination laws that require hospitals "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."