Protecting Vulnerable Newborn and Infant Children
Executive Order 13952, Protecting Vulnerable Newborn and Infant Children, directs the Department of Health and Human Services (HHS) to ensure that all programs and activities receiving federal funding comply fully with existing laws protecting newborns and infants. Specifically, it reinforces obligations under EMTALA (Emergency Medical Treatment and Labor Act), the Rehab Act (prohibiting disability discrimination in federally funded programs), and the Born-Alive Infants Protection Act. The order emphasizes that infants who are born alive—including extremely premature infants or those with disabilities—must receive appropriate medical screening, stabilizing treatment, or a transfer to an appropriate facility, and that hospitals should not dissuade parents from seeking treatment based on disability or prognosis. It also calls for enforcement against violations, prioritization of research to improve survival (especially without impairment), and training for medical personnel on providing life-saving care to all infants born alive. The order does not create new rights or funding itself, but directs agencies to implement and enforce existing protections consistent with applicable law and available appropriations.
Key Points
- 1Awareness and compliance for federally funded programs: The Secretary of Health and Human Services must ensure that all programs and activities receiving federal funding understand and follow EMTALA and Rehab Act obligations, including not denying or delaying stabilizing treatment for extremely premature or disabled infants and avoiding discouragement of parental pursuit of care.
- 2Enforcement and complaint process: The Secretary is to investigate complaints of violations and take appropriate enforcement action, up to terminating federal funding for non-compliant programs, and to clarify a straightforward process for reporting concerns.
- 3Prioritization of research funding: The order directs prioritizing discretionary funds (including NIH research dollars) for studies aiming to improve survival of infants born alive, especially survival without impairment.
- 4Prioritization of training funding: The order directs prioritizing discretionary funds to programs and activities (including hospitals) that provide training to medical personnel on delivering life-saving treatment to all infants born alive.
- 5Regulatory guidance and limitations: The Secretary may issue regulations or guidance needed to implement the order, while the order notes that it does not alter the authority of agencies, nor does it create new legally enforceable rights outside existing law (and is subject to appropriations).