Bill > HR798

This bill introduces new federal requirements for the handling and disposal of fetal remains after an abortion, mandating that abortion providers obtain informed consent from patients regarding the disposal of fetal tissue. Under the proposed legislation, patients would have two options: take possession of the fetal tissue and arrange for interment or cremation themselves, or release the tissue to the abortion provider. If patients choose the second option, providers would be legally required to arrange for interment or cremation of the fetal remains within seven days of the abortion procedure, following state laws for human remains disposal. The bill establishes significant penalties for non-compliance, including civil monetary penalties up to $50,000 for consent documentation violations and potential criminal fines and imprisonment up to five years for improper disposal. Abortion providers would also be required to submit annual reports to the Secretary of Health and Human Services detailing the number of abortion procedures performed, their gestational ages, and the method of fetal tissue disposal. The bill explicitly states that it does not override state laws that may have more stringent requirements for fetal tissue disposal and provides specific definitions for key terms like "abortion" and "abortion provider." Importantly, the legislation specifies that patients cannot be prosecuted for violations of these provisions.