(1) As used in this section: (a) "Baby" includes both an unborn child as defined in KRS 311.781 and an infant as defined in KRS 311.821; (b) "Perinatal" means occurring in, concerned with, or being in the period around the time of birth; and (c) "Pregnant" has the same meaning as in KRS 311.772. (2) All hospitals and freestanding birthing centers offering obstetric services and maternal-fetal medicine, and the pregnant woman's attending physician or midwife, shall offer to provide or make referrals to a perinatal palliative care program or perinatal palliative care support services for pregnant women, birth fathers, and family members when there is a: (a) Prenatal diagnosis indicating that a baby may die before or after birth; (b) Diagnosis of fetal anomalies where the likelihood of long -term survival is uncertain or minimal; or (c) Newborn who is diagnosed with a potentially life-limiting illness. (3) Perinatal palliative care programs and support services shall include but not be limited to: (a) Coordination of care between medical, obstetric, neonatal, and perinatal palliative care providers, hospital staff, and the pregnant woman, birth father, and family members; (b) Care and specialized support through the remainder of a pregnancy, the birth, the newborn period, and the death; (c) Providing anticipatory guidance, education, and support for pregnant women, birth fathers, and family members before, during, and after delivery; (d) Providing resources and referrals as needed; (e) Assistance with making medical decisions; (f) Counseling; (g) Education, including specific information about the baby’s diagnosis; (h) Emotional support; (i) Guidance on what to expect throughout the grieving process; (j) Assistance with the creation of memories and keepsakes; (k) Preparation for meeting the baby and understanding the limitations that may be present at birth; (l) Pastoral, emotional, and spiritual support for pregnant women, birth fathers, and family members; and (m) Preparing a plan of care for the baby, w hich may include medical interventions as needed in the home, hospital, or neonatal hospice. (4) The Cabinet for Health and Family Services shall create and maintain a list of perinatal palliative care programs and service providers on its website. (5) Nothing in this section shall be interpreted as permitting any violation of KRS 311.723 or 311.772.
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