Indiana Treatment of Miscarried Remains Law (HB 1190)

HB 1190 requires a health-care facility to provide certain information regarding the final disposition of remains to the parent or parents of a miscarried fetus.

If a miscarriage occurs at a health-care facility, the facility will have 24 hours to:

• disclose to the parent or parents of the miscarried fetus, both orally and in writing, the parent’s right to determine the final disposition of the remains of the miscarried fetus;
• provide the parent or parents of the miscarried fetus with written information concerning the available options for disposition of the miscarried fetus; and
• inform the parent or parents of the miscarried fetus of counseling that may be available concerning the death of the miscarried fetus.

The parent or parents of the miscarried fetus are required to inform the facility of their decision for final disposition, but before the parent is discharged from the facility. If the parent or parents choose a means of final disposition other than the means of final disposition that is usual and customary for the health-care facility, the parent or parents are responsible for the costs.

If the gestational age of the miscarried fetus is less than 20 weeks, the parents may choose a means of final disposition that provides for the cremation or the interment of the miscarried fetus. If the parent or parents choose the cremation or interment of the miscarried fetus, the local health officer shall provide the person in charge of interment with a permit for the disposition of the body. A certificate of stillbirth is not required.

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