Bills
| 3.23.22

Punishing Healthcare Providers Who Don't Try to Save Infants that Survive Abortions (H.R. 37)

Do you support or oppose this bill?

What is H.R. 37?

(Updated February 26, 2019)

This bill requires health care providers to give "reasonably diligent and conscientious care" to an infant born alive following an attempted abortion. Providers would have to take the appropriate steps to save the life of an infant given its age and health, and immediately transport and admit it to a hospital. Failing to comply with this bill could result in fines or up to five years in prison. If a person's actions actively lead to the death of a born alive infant, they could be tried for murder. The mother of the child that is born alive could not be prosecuted under this legislation, as it only applies to healthcare providers.

If a health care provider, or employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with these requirements, they are legally responsible for reporting the incident to a state or federal law enforcement agency.

Women who give birth to born alive infants can file civil suits against health care providers. Legal awards could include:

  • Compensation for physical and psychological injury, 
  • Statutory damages up to three times the cost of the abortion or attempted abortion, 
  • And punitive damages. 
The loser of the civil suit would be required to pay the attorney’s fees of the victor.

Argument in favor

Health care providers who don't try to save infants that survive abortions are cruel. This bill would ensure that their murderous actions are punished.

Argument opposed

Partisan politics and fear mongering, rather than legitimate legal or medical needs, are the motivation behind this bill.

Impact

Women seeking abortions, born alive infants, health care providers, and federal and state law enforcement.

Cost of H.R. 37

A CBO cost estimate is unavailable.

Additional Info

Of Note: In mid-July, 2015, the national debate on abortion was reignited after undercover videos shot by the Center for Medical Progress (CMP) were released. The videos claim to show Planned Parenthood officials discussing the sale of the organs and tissue of aborted fetuses. In some of these cases, the abortions were done in a way to keep the infant alive long enough to extract the organs and tissue. And in the past, Planned Parenthood its representatives have been accused of failing to speak out against the killing of infants that survive an attempted abortion. CMP claims that the: 

"criminal conspiracy to make money off of aborted baby parts reaches to the very highest levels of their organization. Elected officials must listen to the public outcry for Planned Parenthood to be held accountable to the law and for our tax dollars to stop underwriting this barbaric abortion business.”

Planned Parenthood contends that if offers a wide range of services, and further countered that tissue donations for scientific research do happen, but that reimbursements are only for their expenses.  From CNN: The group also says it helps people donate tissue "with full, appropriate consent from patients and under the highest  ethical and legal standards," according to a statement from spokesman Eric Ferrero. Later, Ferrero issued another statement saying: 

"These outrageous claims are flat-out untrue, but that doesn't matter to politicians with a longstanding political agenda to ban abortion and defund Planned Parenthood. Women and families who make the decision to donate fetal tissue for lifesaving scientific research should be honored, not attacked and demeaned."

Media:

Summary by Eric Revell
(Photo Credit: Flickr user Mattie B)