Protecting Vulnerable Newborn and Infant Children

This executive order directs the Secretary of Health and Human Services to ensure that federally funded hospitals provide emergency medical screening and stabilizing treatment to all infants born alive, including extremely premature infants and those with disabilities, under existing laws (EMTALA, Rehabilitation Act, and Born-Alive Infants Protection Act). It also prioritizes research funding for treatments to improve survival of these infants and training for medical personnel, with enforcement including potential termination of federal funding for non-compliant programs.

Federal Register Open PDF 85 FR 62187

Impact dates

Date TBD
complaint investigation process clarified in easily understandable format
Date TBD
regulations or guidance issued as necessary to implement order

Key directives

Ensure awareness of EMTALA, Rehab Act, and Born-Alive Infants Protection Act obligations for infants born alive
Ensure no exemption from screening/stabilization for extremely premature or disabled infants
Prohibit unlawful discouragement of parents from seeking treatment due to disability
Ensure federal funding compliance with applicable laws
Investigate complaints of violations and clarify complaint submission process
Take enforcement action up to and including terminating federal funding
Prioritize HHS discretionary grants and NIH research for infant survival treatments
Prioritize grants for medical personnel training on life-saving treatment for infants
Issue regulations or guidance as necessary to implement order

Who is ordered

Secretary of Health and Human Services · Department of Health and Human Services

Timeline

Immediate

HHS Secretary must ensure awareness of legal obligations among federally funded program administrators
policy statement takes effect

Near term (90d)

complaint investigation process to be clarified in 'easily understandable format'
regulations or guidance to be issued as necessary

Long term

prioritized allocation of discretionary grant funding and NIH research dollars for infant survival treatments
prioritized funding for medical personnel training programs
ongoing enforcement actions including potential funding termination

Risks & tensions

EO does not create new legal rights or enforcement mechanisms—relies entirely on existing statutes, which may limit practical impact
Vague 'as appropriate and consistent with applicable law' qualifiers throughout weaken mandatory force
No specific deadline for complaint process clarification or guidance issuance
Tension between clinical medical judgment and federal policy on treatment of extremely premature infants (viability thresholds)
Potential conflict with state laws or hospital policies on futile care; EO explicitly does not preempt existing legal authorities
Enforcement through funding termination may face legal challenges given 'subject to availability of appropriations' clause